You are driving at a legal speed, obeying traffic laws and signals, when another vehicle crashes into yours. The accident is clearly the other driver’s fault, so you would assume that his insurance company would pay for your medical and car repair expenses. However, that isn’t always the case. Car accident cases can be much more complicated than you would think, and there are times that insurance companies refuse to pay. That is why it is always in your best interest to consult an accident attorney immediately following any car wreck like the law office https://osbornefrancis.wpengine.com/
Instances When an Insurer May Refuse to Pay
Even though the fault of your car accident may seem obvious, there are still some circumstances in which the other driver’s insurer may refuse to pay for your expenses. The following are five such instances:
The Other Driver Had a Sudden Medical Event
It isn’t as uncommon as you may think for at-fault drivers to use the defense that they had a sudden, incapacitating medical event that caused them to lose control of their vehicle resulting in an accident. It is true that a driver may not be held liable if he or she had a sudden emergency – like a stroke or heart attack – provided that there wasn’t enough of a warning to safely exit traffic. However, the driver could be found negligent, and therefore liable, if it’s determined that he or she should not have been driving with the medical condition, or that he or she neglected to take care of the medical condition prior to driving.
The Other Driver Hits Your Car After Being Involved in a Hit-and-Run
Consider this scenario: there is a truck that is hauling furniture that loses a couch off the back of the vehicle. This causes the car next to you to swerve and crash into your car. The furniture truck is oblivious (or not) and keeps going with no one obtaining the license plate number.
Your damages for this type of accident may require that you utilize your own uninsured motorist coverage. However, there may also be times that you have a legitimate claim against the driver of the other car. It’s hard to know without the assistance of an experienced car accident attorney.
A First Responder Hits Your Car on the Way to An Emergency Call
When a fire truck, ambulance, police car, or other first responder is racing to an emergency and hits your vehicle, it can be tough to prove negligence. In fact, it is usually a case where gross negligence has to be proven on the driver’s part, not just negligence – especially if the emergency vehicle had lights and sirens going. Anytime you file a claim against a government entity, there are a lot of hoops to jump through, and the standard for proving liability in these types of cases is much higher than that of a regular car accident.
Another Driver Hits a Deer, Loses Control and Hits Your Car
There are some instances where a car accident it truly that – an accident where no one is at fault. This may be the case when an animal suddenly jumps out in front of a car causing it to crash into another vehicle. However, there are also times when such an event occurs and there is some fault on the part of the other driver. For example, if the other driver hit the deer because he was speeding and unable to brake fast enough causing a crash with your car, then he may be held liable for your damages.
You Are Hit by a Thief Driving a Stolen Vehicle
While this may seem like a fairly unlikely possibility, it does happen. Because insurance policies cover the car owner and other licensed drivers who have permission to drive the vehicle, and there is no consent when a car thief takes the car, the car owner’s insurance company will refuse to pay your damages. However, there are cases where the car owner could be held partially at fault. For example, if he left the keys in the car with the engine running, he could be found partially to blame.
Seek Help from An Experienced Attorney
The above types of accidents are complicated, and they require representation from an experienced car accident attorney to resolve favorably. If you or a loved one has been involved in any car accident, contact Boca Raton personal injury lawyer Joe Osborne at (561) 296-2600 or complete the online contact form to discuss your case and determine how to proceed.