Will your car insurance company provide an attorney?
What happens if you ever get into a car accident? Can it appear like you are at fault? You have the likelihood of being sued by the other party involved if they consider that you caused the accident even if you are not at fault. So, the most common question that often arises is whether the car insurance company will hire a lawyer for you or not. Today, the question is resolved by the cheapest car insurance companies who have been in business for a long time.
The car insurance company must defend you; therefore, they should offer legal representation if you are ever sued. In many cases, the automobile insurance company must pay the value of the claim to the declared victim. In several cases where the car insurance company does not pay the value or the full value of the claim, you have the potential to be sued.
How Do Car Insurance Policies Defend You?
Typically, every car insurance policy contains similar language that states that the insurer will provide the policyholder with an attorney if you ever face a car accident and are sued for damages as a result of the accident. ‘accident. The contractual “duty to defend” part of the insurance company is obligated to offer each part of the different varieties of liability coverage in your policy. Some consumers purchase liability insurance to ensure that they are not personally in financial difficulty if an accident involves property, their car, or a small business.
Situations in which your insurance company may not offer a lawyer
As with many legal rules, there are various exceptions to the duty to defend. Now let’s see the different situations where the insurance company is not automatically obliged to defend you in the event of a car accident.
- You failed to give accident notice
The obligation to defend lapses if the insured fails to present the notice of accident to the insurer, at least within the time limits prescribed by the insurance policy. This is true if the delay compromised the ability of the insurance company to properly investigate the accident or minimize losses related to the other party’s driver’s claim.
It cannot be taken as an excuse for not giving the insurer notice within the specified time. Specifically, let’s say you were seriously injured and needed to be hospitalized or you are not physically/mentally able to notify the insurer of the accident. In this case, it will be a mitigating circumstance, excusing your failure to give proper notice.
Don’t take the risk. Always do this the same day or the next day if you ever have a car accident where you cannot notify the insurer.
- An intentional act caused the accident
If the insured is accused of having acted intentionally or of having caused the automobile accident, he can cancel the entire coverage and have his duty of defense canceled.
Car insurance policies provide insurance coverage just for being negligent for the actions, not the actions were done intentionally. Therefore, whatever the reason, the insured is accused of having intentionally caused the car accident because there is a good chance that the insurer will refuse to offer coverage for the accident and refuse to pay. offer the lawyer a chance to defend the insured in almost all lawsuits brought for the accident.
You can take, for example, drunk driving. A few insurance companies argue that drunk driving is driving done intentionally on behalf of the insured driver; so if there is a DUI-related auto accident, the insurer may deny coverage for any claims that arise from the accident.
- The damage caused by the accident to the other driver exceeds the limits of the policy
The other vital exception to the insurer’s obligation is to provide an attorney who can apply. At the same time, the damage is already paid by the insurer who respects the coverage limit of your insurance premium. Generally, after the insurer has paid, there is no further obligation to the insured.
It is essential to note the legal obligations of the insurance company in this circumstance which may differ from state to state. Therefore, while you are in a situation, it will make a lot of sense to talk to a personal injury lawyer yourself.
What if the insurance company does not offer a lawyer?
You may be the one responsible for the car accident and you encountered a lawsuit from the other driver. However, your insurance company mentions that they are not obligated to pay a lawyer to defend you in court. So what should you do? The first step would be to get the insurer to declare it on the basis of the decision in writing.
You can then decide how to proceed after accepting the insurance company’s reasoning. Therefore, all you have to do is find the cheapest car insurance companies who can provide you with a lawyer.