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It can be difficult to win a personal injury claim if you cannot prove the accident was not your own fault. Do not be swayed, however. An attorney can explain fault better than your Internet friends. You can always consult with an Advocate any time of the day or night.
When liability is truly unclear it is more likely that your insurance company will deny your claim, that you will not receive a settlement, and that you end up in court. If the two parties cannot agree on fault, the only person who can make that determination is a trier of fact. Trier of fact is a legal term that, in this situation, translates to a jury or a judge.
During trial or a motion for summary judgment, a jury or a judge will listen to your theory of the case and evaluate the evidence, photographs, medical bills, accident reconstructions, and witness testimony. Then they will make a decision as to who was at fault for the accident, and the parties will have to abide by that decision unless they choose to appeal the decision to a higher court.
If your claim is not worth more than the cost of litigation, you may not be able to take it clear to trial, and you may not get a settlement. However, do not make such a determination without a professional. An attorney has more experience in the law and in personal injury, situations than you. They may know rules and facts that you do not. You may always contact an Advocate 24-7.
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