Important Matters Affecting Auto Collision Liability By Rainier C. Policarpio At Isnare.com Ezine Articles

Automobile collisions usually result in cases filed in court but they actually differ when it comes in the determination of liability. Commonly, even small personal injury claim cases may take a long time to resolve due to various issues that are needed to discuss first. Of course, a credible and competent auto accident lawyer may greatly help a plaintiff. However, some inevitable matters tend to prevent the speedy resolution of such cases.

These are some concerns that may arise in the establishment of liability in the course of an auto accident litigation:

Insurance Policy

a. Lack of Insurance coverage – It is definitely tough to compel an uninsured at- fault driver to pay his injured victim of suitable damages that resulted from the auto accident. A portion of the vehicle owners and drivers in the U.S. fails to acquire their insurance policies forcing many drivers to avail of “uninsured motorist coverage.” This helps them to have their own source of reimbursement if in case the liable does not carry any insurance or if the defendant is unknown.

b. Insufficient Insurance coverage – While the government strictly impose the law that prohibits driving without an insurance policy, some drivers have only acquired coverage that are not adequate to pay the damages inflicted on their injured victims. Even more, various states are only requiring the motorists to carry very low insurance policies that resulted in drivers obtaining the minimum level needed just to comply with the law. The high costs of complete auto insurance packages offered by most insurance companies also create problems among the vehicle owners and drivers.

c. Bad Faith Insurance Companies – Some insurance companies are not that fair enough in negotiating with the claimants regarding their accident claims. Since most of them are only focused on how to profit from their clients, they sometimes refuse to impart fair compensations or even deny the petitions of the victims.

Immunity of the government from being sued

The law authorizes states to reduce the eligibility of an injured victim to file his charges if the dependant happens to be:

a. a government employee on-duty when the accident occur

b. driving a government-owned automobile

Liability of the owner

In various jurisdictions, the owner of the vehicle used may be held jointly responsible to the harm inflicted on the victims. This is primarily when the negligent driver was authorized by the owner operate the automobile.

Liability of the employer
If an employee has been responsible for inflicting injuries due to his reckless driving while on duty, his employer may also be partially liable in paying damages to the victim.

The victim’s contributory acts

Some plaintiff’s performances may minimize the liability of the defendant. These include improper use of cell phones, playing loud music and alcohol intake among others.

Statutes of Limitations

In a personal injury litigation, the plaintiff is only given a limited period in filing his case in court. Thus, he must deal with his case promptly or just ask an automobile accident lawyer to take care of his claim immediately.

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