5 Things Everyone Should Know About “Liability Claims”

What is a Liability Claim?

All of us have the duty, at all times, to use ordinary care in how we conduct ourselves. Whether that is driving down the street, walking down the sidewalk, or representing someone in a lawsuit, we have a duty of “ordinary care”.

Someone who fails to use ordinary care is “negligent.” If you are negligent and you cause injury to another, that person can make a “liability claim” against you.

In the world of personal injury, negligent parties often have insurance coverage through their home or auto insurance policies that can pay for injuries caused by the negligent party.

Here are five things everyone should know about Liability Claims:

1. A Liability Claim is an “Adversarial Process”

Insurance companies have a duty to their shareholders and to the person they insure.

They do not have any duty to you if their insured negligently causes you to suffer an injury. This is true even if you have the same insurance company as the person who injures you!

For example, the insurance company has no obligation to share a witness’ statement or even video of the accident with you before a lawsuit is filed.

It is, therefore, important to remember that a liability claim is an adversarial process. Hiring an attorney who can properly investigate an accident and work to identify, preserve, and then obtain crucial evidence is very beneficial.

2. If an Insurance Company Accepts Liability, You Still Need an Attorney

Few statements mean less than an insurance adjuster who has advised the insurance company is “accepting liability” for a motor vehicle collision.

This statement does NOT mean that the insurance company agrees that the force of the collision was substantial or that any medical treatment was caused by the collision.

Furthermore, if a lawsuit is filed, the person responsible for causing the collision can and will deny liability.

Therefore, having an attorney who has investigated the collision, secured witness’ statements and other evidence, and is prepared to prove liability in a courtroom is crucial, even in cases in which liability was “accepted” by the insurance carrier.

3. A Liability Claim Can Be Complicated, Especially if there Are Multiple Negligent Parties

Few auto collisions are as simple as a rear-end collision unless that rear-end collision involves more than two vehicles.

We have had many cases in which an innocent driver on the Beltway found herself to be the first car in line of a multi-vehicle rear-end chain reaction in which she had to fight to establish who exactly was at fault for causing her injuries.

This is because, in the adversarial context of a liability claim, it is the injured party’s burden to show who caused her injury.

There is often more than one negligent party in a multi-rear-end crash. The injured party must establish whether each striking vehicle rear-ended the vehicle in front of him prior to being rear-ended himself, and whether there was any break in the causal chain from the last car to the first car.

It is important to understand these obligations and difficulties early in the case.

4. A Negligent Party May Have Insurance to Cover a Liability Claim Even If They Don’t Have Automobile Insurance

Not all motor vehicle collisions are caused by a motor vehicle.

If you are injured because a tree falls on your car or because a bicyclist caused another motorist to swerve and hit you, then it is possible that a general liability policy, such as a homeowner’s policy or a personal umbrella policy, may provide coverage for your liability claim.

An attorney’s investigation includes both the facts of the occurrence as well as what insurance policies may be in place to compensate the injured party.

5. A Liability Claim is Not The Same as a Worker’s Compensation Claim

Many people are familiar with the worker’s compensation claim process, and assume a liability claim is similar. However, they are different in very important ways.

One of the most important differences is that medical expenses cannot be “kept open” or “re-opened” in a liability claim. This means that once a settlement is reached, the claim is totally finished, with no ability to re-open the case if further medical treatment becomes necessary.

Hiring an attorney who can work with doctors to build the necessary evidence to establish the need for and cost of future treatment prior to settling is therefore crucial.

Have you been injured in an automobile accident? Do you have questions about liability claims? Contact attorney Phil Kuljurgis at (301) 656-1177 or pkuljurgis@bulmandunie.com.