{"id":288,"date":"2022-06-01T07:04:03","date_gmt":"2022-06-01T07:04:03","guid":{"rendered":"https:\/\/siit.co\/guestposts\/?p=288"},"modified":"2022-06-01T07:04:03","modified_gmt":"2022-06-01T07:04:03","slug":"when-a-car-accident-claim-is-in-dispute-2","status":"publish","type":"post","link":"https:\/\/siit.co\/guestposts\/when-a-car-accident-claim-is-in-dispute-2\/","title":{"rendered":"When a Car Accident Claim is in Dispute"},"content":{"rendered":"

A car accident can be frustrating, particularly if you\u2019re innocent, but the other driver disputes fault. This is the time to keep your temper in check and consult an experienced attorney. Undoubtedly, many\u00a0car accident\u00a0claims settle out of court, but many more are disputed and go to trial.\u00a0<\/span><\/p>\n

If legal action is filed, the “defendant” should respond to the plaintiff’s claim within a certain duration, depending on the state where the case is filed. In Anchorage, a denial response involves disputing (partially or wholly) the plaintiff\u2019s claims and raising defenses to defeat such claims. If you believe that the defendant is at fault, you should contact a <\/span>car accident attorney in Anchorage<\/span><\/a>. But when can a dispute arise?<\/span><\/p>\n

3 Common Reasons for Disputed Claims<\/b><\/p>\n

There are several reasons why car accident claims are disputed, including denying fault, dispute injuries, and more. It\u2019s common for an insurance company or plaintiff to\u00a0dispute\u00a0an accident claim filed against them. Most disputes can be resolved during the <\/span>discovery stage<\/span><\/a> through negotiation. However, the case might have to go to trial if the disputing parties cannot resolve the matter amicably. The following are some reasons why car accident claims are disputed:<\/span><\/p>\n

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  1. <\/b> Failure to State a Legal Claim<\/b><\/li>\n<\/ol>\n

    Failing to state a legal claim in the plaintiff\u2019s complaint (a court document that initiates legal action) is a major reason why car accident claims are disputed. This is understandable because causation should be proved to sustain an injury claim.\u00a0<\/span><\/p>\n

    According to the principle of causation, the plaintiff must link the actions of the accused to their injuries. In other words, showing the plaintiff should prove that the defendant is responsible for their injuries. The law states that the defendant will be relieved acquitted if causation is not proved by the plaintiff.<\/span><\/p>\n

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    1. Contravening the Provisions of the Statute of Limitations<\/b><\/li>\n<\/ol>\n

      Civil actions should be filed within a certain timeline, depending on the jurisdiction. The statute of limitations specifies the window within which accident casualties should file injury claims against faulting parties.<\/span> Alaska\u2019s statute of limitations<\/span><\/a> requires personal injury claims, including car accident claims, to be filed within\u00a0two years of the date of an injury.\u00a0<\/span><\/p>\n

      In Alaska, personal injury actions include medical malpractice and product liability claims. Additionally, Alaska\u2019s “discovery rule” states that the timeline starts ticking when the plaintiff:<\/span><\/p>\n