Insurance plans for automobiles often include wording that states: “If you are involved in an automobile accident, your insurance company will provide you with a Georgia personal injury attorney to represent you in the event that you are sued for damages.
” Contractual “responsibility to defend” is a legal obligation that emerges from all forms of liability insurance. As a result, customers purchase liability insurance to ensure that they are not financially responsible for any accidents that occur on their property, their small company, or their automobile (auto insurance).
However, specific exclusions to the insurance company’s responsibility to defend are included in the majority of plans, if not all. A civil action brought by another motorist against an insured may essentially nullify the insurance company’s commitment to defend the policyholder, including the requirement to appoint a lawyer to represent the insured in court.
WHEN YOUR INSURER WON’T PAY FOR A LAWYER FOR YOU
There are exceptions to the obligation to defend, just as there are exceptions to most legal “laws”. If you’ve been involved in an automobile accident, here are several scenarios in which your car insurance company may not be compelled to defend you.
- Notification Of The Incident/Claim Wasn’t Given
It’s possible that the insurer’s responsibility to defend is nullified if the insured policyholder fails to notify them of the accident within the time restrictions provided in their insurance policy.
Especially if the insurance company’s capacity to adequately investigate the accident and/or reduce its losses in connection with the other driver’s claim has been endangered by the delay, this is important to note.
You must carefully review your policy for wording that outlines your need to inform the insurer of any accident that may result in a claim or coverage.. There is a maximum time restriction of five or ten days for this.
A firm may have the power to deny coverage for an accident if you fail to notify your insurer of the accident within that time frame and you don’t even have a legitimate reason for not calling an agent. As a result, they might refuse to supply you with a counselor if you are sued for the accident.
- The Car Crash Was The Result Of A Deliberate Action
Coverage may also be denied if the policyholder is suspected of purposefully causing the accident.
Negligence and not purposeful conduct are covered by most automobile insurance plans. It’s extremely possible that the insurer would deny coverage and refuse to supply a lawyer to defend an insured in any lawsuits brought against him or her as a result of the vehicle accident for any reason whatsoever.
- The Other Car’s Collision Damages Exceed The Insurance Policy’s Coverage
Lastly, the insurer’s need to provide legal representation may be waived if your policy’s coverage limitations have already been met, which is a significant exception to the general rule.
It is common for insurers to have no further obligation to their insureds once they have paid their policy limits, including no obligation to pay further money to settle disputes or to continue providing the guarantee with a lawyer.
- In The Event Of A Car Accident Lawsuit, What Happens To Me?
An accident in which the other motorist claims that you were at fault might lead to a lawsuit. Insurance companies not providing legal representation is one thing, but if the insurer also argues that the collision is not covered (because of whatever explanation), any money won by the other motorist in court will be paid by your insurance company as well.
After an automobile collision in which the other driver seems to have been at fault, getting your personal lawyer involved may lead the insurance company to reevaluate its view on the matter.
It’s possible that your lawyer will see something about your incident that you haven’t or design a plan that you haven’t thought of. The insurance company could at least alter its stance and determine that defending the case against you rather than attacking you and your lawyer makes more commercial sense.