Atlanta Personal Injury Lawyer Blog

What do I do if the liability adjuster accepts only part of the liability?
This is a very frustrating situation where the liability adjuster for the negligent driver's auto insurance company investigates the motor vehicle accident and only accepts part of the blame or liability. An example would be a personal injury case where the negligent driver turns left in front of another driver at an intersection clearly failing to yield to on coming traffic as required. Attorney Richard Griffin has seen liability adjusters even on cases with clear liability only accept part of the blame by claiming their insured said your client was speeding. In this situations, if a personal injury victim is without an attorney, then they may settle their case for a lot less than it is worth.

What can a personal injury attorney do to correct this situation?
There are many options that Attorney Richard Griffin has to choose from when the liability adjuster does not accept 100% of the liability has justice would require. Some of these options include:
(1) Negotiations: Liability adjusters will often change their minds regarding denying some or all of the liability on a personal injury case when the experienced personal injury lawyer negotiates and exchanges the results of his or her accident investigation.
(2) Arbitration between the client's insurance and the liability carrier: If the personal injury client elects to use their own collision coverage, then the client's insurance company will often seek to be subrogated or paid back for the property damage claim from the liability carrier (the negligent driver's insurance company). Often the two insurance companies will quickly go to arbitration to determine liability which often can result in the liability carrier being ordered to accept 100% of the liability if the facts of the accident support it.
(3) Litigation: When all else fails, then a good personal injury lawyer can always file a lawsuit and try the case in front of a judge or jury to take it out of the hands of the adjuster and let a judge or jury decide liability and the amount of the damages to be paid.

Should a personal injury claimant represent themselves and just settle for whatever amount the liability adjuster will offer?
No. This allows the insurance adjuster to save money for their employer (the insurance company) at your expense. This is not fair and is the pattern that often exists when people with personal injury or property damage claims attempt to go it alone and represent themselves.

Attorney Richard Griffin states, "If you take on the insurance companies on your own, then it is like trying to play a chess master without fully understanding the rules and strategies involved in chess. The chess master or in this situation the insurance adjuster will win every time unless you have the guidance and protection of an experienced personal injury lawyer.