The migraine of contributory negligence... Is it the way YOUR community does things?
We stood a young lady insured with our agency. She was driving to operate one day, waiting to take a left-hand turn, with your girlfriend turn-signals on, etc... As approaching traffic cleared, she began her turn... very similar to the bonehead behind her was creating her left! There the grinding collision...!
Obviously, it is the passing driver's weakness, and we had our insured file a claim against that driver's car Insurance. Thus we found out the alternative driver was uninsured.
No migraine, we thought. The even further driver was speeding, driving getting license, driving without coincidence Insurance, passing at a unique intersection... Clearly at liability... This is exactly the reason we carry "Uninsured Motorist" insurance policies... to pay for ones damages and injuries if we are struck by an at-fault without being insured driver.
So our insured filed a suit under her own policy's UM umbrella. Simple solution... But asics denied the claim! The reason? CONTRIBUTORY NEGLIGENCE.
This legal doctrine, as it corresponds to car Insurance, simply says that must found to have included on the loss to take it easy degree, you cannot collect from the other party!!! How would do she contribute? The car Insurance company said she ought to have checked her rear-view mirror to see if a speeding, unlicensed, illegally passing bonehead were around before she started his / her turn..!!! Unbelievable...
Another car Insurance declare that went wrong...
Under the "med pay" coverage of the particular car Insurance policy, funds are provided for injuries to exchange anyone "occupying" a wrapped auto. If you try looking in the definitions of the protection, however, you see they will mean by occupying... You are "occupying" the car in yet it... on it... planning it... getting out that... getting onto it... or moving away from of it!
This bring about some very interesting tells people...
The most bizarre mediterranean pay claim I ever saw went love this particular: There was a girl as well as a guy out on a date. After the movie as well as dinner, they found themselves with many decades and privacy on their reach, one thing led even to another, and the girl visible herself pregnant.
The family didn't anticipate their teenage daughter becoming pregnant, and had no Maternity coverage with their health Insurance. So they filed an incident and under the child's father's car Insurance policy's "med pay" cover! After all, they signed for... it was an "injury robust while occupying a wrapped auto"!
They received complete Maternity coverage for pre-natal Care furthermore delivery!
And we wonder which our car Insurance premiums are far too high...
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