After getting involved in a car accident, a lot can happen. For example, you may be considered at fault even when not and get sued by the involved party as the cause of the accident. So, when one is accused of causing a car accident, will your car insurance company get you a car insurance lawyer? Read on as we answer this question and provide more information on insurance company lawyers and car accidents.
Car Insurance Company Policy on Defending You
Generally, all care insurance providers share the same language dictating that the insurer is responsible for providing a lawyer if the policyholder is involved in a car accident and is sued for damages. This can be found in the contractual duty to defend obligation that is part of insurance liability policies. That’s why particular consumers purchase liability insurance to protect themselves financially after an accident.
When Can the Insurance Company Deny You a Lawyer?
Like most legal rules, there are exceptions to the insurance company’s duty to defend the policy. Here are the circumstances when the insurer may not be obligated to provide you with a lawyer.
- If You Didn’t Give Notice of the Accident
Failure to notify your insurance company about the accident according to the specific time limit on the policy makes their duty to defend void. This happens significantly if the wait has affected the company’s capability to investigate the accident or minimize losses connected with the driver’s claim.
Be sure to read the policy detailing your responsibility to inform the insurer about accidents that will trigger claims or coverage. The insurance company’s time limit could be five or ten days. There are usually no viable excuses for not contacting an agent or the company in time. However, if you were medically or mentally incapable of notifying the insurer about the accident, that may qualify as a good enough reason to excuse you from giving proper notice.
- If the Damages Exceeds Your Policy Limitations
If the insurer has already paid out the accident damages and your coverage insurance premium limit has been met, the insurer’s duty to defend will not apply. It will make more sense to get a personal lawyer in this situation.
- The Accident was Intentional
The entire insurance coverage becomes void if the insured caused the accident intentionally. For example, some insurance companies refuse to cover the costs of accidents connected with drunk driving and DUI.
What Happens If the Insurance Company Doesn’t Offer You a Lawyer?
When your insurance company decides they can’t provide you with a lawyer, the first step is to get their decision into writing and understand their reasoning before proceeding. If you disagree with the insurance company and want a reconsideration, write the side of your story professionally. Be generous with the details and specifications, and ask for clarification from the insurance company.
Conclusion
Car insurance disclosures can be difficult to read. However, if you have questions about your policy, contact your insurance company to help you review the duties and obligations expected of you before it’s late. Alternatively, you can have a lawyer review the document to help you understand the policy terms.
