Making an Insurance Claim if Another Motorist Runs You Off the Road
One of the strangest forms of car accidents, at least as far as auto insurance claims are concerned, is that where another car runs you off the road and causes you to crash into another object. It may be strange, but it is still a car accident and you are still entitled to a claim. Here are a few things you should know before making such a claim:
Contact Isn't Necessary
The first thing you should know is that in these cases, the law may allow you to make an accident claim without having to prove that there was contact between you and the other car. This is understandable because another car doesn't have to hit you to cause an accident. An example of a contactless accident is a road rage situation in which the other driver wants to intentionally hit your puny car with their huge off-roader; in such a case, the angry motorist can easily drive you off the road. Therefore, you can still make a claim whether there was contact or not.
You Have to Prove the Defendant's Fault
Of course, you will need to prove the defendant fault if you want to pursue a third party claim. This will not be easy in the case of a contactless accident; proving that someone caused your accident without actually hitting you isn't easy. In practical terms, you may need eyewitnesses, accident investigators, police reports, and video footage to prove the other motorist liability. In some cases, you may also be lucky enough to have the other motorist admit their liability. Absence all the above, you may have no option but to file a first party claim with your insurance company.
Actual Damage and Injury Necessary
Although you may not be required to prove contact between your car and the other car, you will definitely be required to prove actual damages for you to get a settlement check. You aren't entitled to a claim just because you got scared or you experienced a near miss. You need to prove that your car was damaged or that you were injured (or both), and it is those injuries or damages that will form the basis of your claim. Otherwise, the other driver may just get a ticket for their traffic law violation, but you won't get any compensation.
As you can imagine, this form of accident claim is likely to be complicated. Like other complicated car accident cases, you should rely on the expertise of a car accident attorney.
Share