When An Accident Is Not Really An Accident
A definition of an accident is something that is unexpected and unintentional. If you go by that definition, many car accidents are not really accidents, but are"crashes". Though this seems like a play on words, it may make a big difference if you're involved in one of these types of accidents. Some insurance companies may not cover any expenses in these cases. Here are three types of crashes in which it may be difficult to receive compensation from the at-fault driver's insurance company.
Accidents caused by drunk or drugged drivers:
Driving under the influence is considered preventable because a person chooses to drink alcohol or do drugs and then get behind the wheel. If that driver hits another car as a result of their intoxication, it is not usually considered accidental. The fact that they intentionally decided to drive despite being under the influence can be considered deliberate. While some insurance companies may cover expenses caused by their insured DUI drivers, you may not get enough to cover your total expenses.
Accidents that are deliberate:
Any type of collision that is on purpose is not an accident. Crashes of that type include road rage, using a car as a weapon and fraud. An example of a fraudulent accident is the classic "swoop an stop" collision where you get boxed in by a car behind and one or two cars next to you while another car cuts you off in front causing you to brake or swerve, hitting one the cars boxing you in. In all of these cases, you are unlikely to recover any costs from the other driver's insurance company. In the "swoop and stop" situation, you may even be considered at fault even though you didn't cause the accident.
Extreme negligence and reckless driving:
Many accidents are caused by reckless or careless driving. Examples of such driving include running red lights, not checking for traffic while changing lanes, talking on a cell phone and texting while driving. While some may argue that not all of these acts are deliberate, they are considered preventable. In many states, talking on a cell phone or texting is a direct violation of the law. While many insurance will cover some forms of negligence, they may not cover everything.
If you are involved in an accident that you feel that was not really an accident, and the other driver's insurance will not pay, click here for more info and contact an attorney who specializes in car accident cases. They can help you gather evidence for any potential criminal violations against the other driver and get the best settlement for you.