But, these icy conditions can cause confusion as to who is responsible and insurance companies can use this confusion to their advantage.
The first thing to remember is that not all car wrecks are the result of negligence – this is rare but is a reality. As a result, insurance companies can use this to their advantage. You may hear such phrases as “natural accumulation,” “act of God,” or “unavoidable accident” from the insurance company trying to downplay or even deny your claim. While these are legitimate defenses in rare cases, don’t just take the word of the insurance adjuster – they are not on your side!
Now, under normal conditions, most people would know that the other driver is at fault. But, in icy conditions, their insurance carrier will likely try to claim that the accident was caused by an act of God. They will essentially state that because their insured driver has no control over the weather, they would have no control over the driving conditions and therefore not responsible for the accident.
In reality, however, the accident wasn’t caused by the ice, it was caused by the defendant driving too fast in the icy conditions. Thus, your claim is valid and you should be compensated. However, insurance companies have little interest in the truth. They will latch onto the act of God defense and argue it in an attempt to avoid liability
Insurance companies will use every reason to try and reduce or deny your claim. They have been trained to look for these loopholes and defenses and they will try to use your lack of expertise to their advantage. To level the playing field, contact an attorney that represents you and your best interests.
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