If my car accident case was denied based on conflicting stories and no independent witnesses, should I suffer the loss of the cs

What does it mean that your case was denied? Has a judge denied it already or just an insurance company? An insurance companies denial is not the end of your case. It is rather standard actually. Perhaps you should consult an attorney to see what your options are.

If you are saying the other driver's insurance company denied your claim, that is in fact the norm. If it's a he said she said situation, each insurance company has a fiduciary duty to its own insured so unless you can overcome what the other person told their carrier, the claim will be "denied". If the police report shows that the other car was in your lane of traffic, that's helpful to show that your story is more credible than the other drivers. You should consult with a local lawyer to help you with this as you will need an experienced advocate to argue for your position. has a "find a lawyer" tool or do a google search for same.

Unfortunately your state is one of the few "contributory negligence" states, which means that a damaged party cannot recover any damages if it is even 1 percent at fault. In certain cases, however, the contributory negligence defense can be overcome. Have you consulted with a personal injury lawyer in your area? If not, you should. The consultation will be free.

I agree with the other attorneys on this forum that an insurance company denial is not unusual and is not the end of the road. Consult with a personal injury lawyer who can present your side of the story and protect your rights. Sounds like the police report supports your claim, so you may have a strong case. Also, I hope you are getting the medical care you need for your fractured hand. I wish you a speedy recovery and best of luck with your case.

I'm not sure what you mean by your case was "denied" ... Virginia does have some rules to overcome regarding fault, but you would need to speak to an attorney about your case. Best, Tara

Before you give any recorded statement to the insurance company or sign any release you need to consult an attorney. It's not in your interest to argue back and forth with the other person's insurance company over who's at fault. Just speak to an attorney and see what can be done.

There may be video footage from the gas station. A local personal injury lawyer can certainly investigate.

It is unclear as to who has denied what. What is "cs"? You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

You must prove by a preponderance of the evidence (51%) that the other party's negligence caused your injury. It looks like word vs word but if a jury believes you are more credible there is a chance you can win. Also, you need to contact the gas station so that they don't get rid of any surveillance footage that may have caught the incident.

As you can see by the other responses no one knows what you mean by "denied." If as suggested you mean the other insurance company "denied" your claim, that was likely going to happen if you had 10 eyewitnesses. You suffered a significant injury and you should immediately stop talking to the other side's insurance company--has not and will not get you anywhere. Get a lawyer. By the way, if I for instance represented you the only "eyewitness" I would be interested in is you. Do you know what happened? Can you tell a coherent story and are you likable? If so, you should have no trouble finding an attorney--though I do not know if in Virginia there are insurance policy and degree of injury hurdles you need to meet. Talk to a lawyer in your area who handles auto claims.

If you mean the insurance company has denied your claim, that's actually fairly standard these days. The insurance company gives its insured the benefit of the doubt unless there is other tangible evidence to contradict the insured's version of events. Should you decide to pursue legal action, you, as the plaintiff would bear the burden of proving your case. A trained attorney can look at the specific facts of the case to determine whether it is worthwhile to pursue a recovery for you by filing a case in court. The quality of the other driver's testimony has a great deal of bearing in these he-said; she-said sort of cases. Even without an independent witness, photos of the vehicle damage and scene photos combined with your testimony may be sufficient for a fact finder to believe your explanation of the accident over the other driver's account. Again, this is a fact-specific determination, and you should consult an attorney who specializes in personal injury and auto accidents in Virginia.

If the claim was denied, you need to see an attorney as soon as possible. Don't give up without at least getting a consultation. Most of us will do that without any fee. Lack of an independent witness makes the case difficult, but not impossible. If the other driver got a ticket and pleads guilty in traffic court, that is admissible in civil court as an admission of fault. Police reports are not admissible as evidence in court, but the officer can testify as to the defendant's statement at the scene.