Auto Insurance – Defense of Negligence

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You had an auto accident and feel that the other party is completely responsible and you know that the auto insurance companies will see it the same. But what if there is something that you are forgetting about, something that makes it possible for the auto insurance company to place a fraction of blame on you? What kinds of defenses against negligence are there for someone who seems to be at blame for an auto accident?

One of the most obvious defenses of negligence in an auto accident that auto insurance companies like to look at is the assumption of risk. What type of risk did you know was involved before you entered the possibility for the accident? For instance, you may believe that the other party is 100% responsible for an accident where they ran a red light, but what if the other party was going 100 mph trying to make it through a red light? Even though the light is green, you still have a responsibility to make sure the intersection is clear before entering the intersection.

Who had the last clear chance to avoid the accident? If an auto insurance company sees that you had an accident while entering the interstate from an on ramp and the other party had nobody in the lane next to them, that party could have some responsibility for the accident. Even though they had the right of way to be in that lane, they also have the responsibility to avoid the accident as they had the "last clear chance" to do so.

After the negligence is determined based on considering both of the above then the auto insurance company will not necessarily pay for everything that has happened to your car. Make sure that you are mitigating your damages immediately after your accident, if your car is making a noise that is only getting worse, stop driving it! Auto insurance companies will only repair those things that were directly caused by the accident, not after the accident.



Source by Steve Newsome