In theory, when a driver has been found at-fault for a given accident, that same driver’s insurance becomes responsible for covering the cost of any accident-related damage or injuries. Yet a personal injury case does not always get resolved so simply. Sometimes there are limits on the coverage provided by that negligent driver’s insurance.
The obligations of an insurance company
It must make a payment to the policy holder, one that matches with the level of support promised in the policy. Every policy spells out a limit. The insurer does not have to make a payment that exceeds that limit. If a policy holder’s damages exceed that limit, the insurer does not have to cover those same damages.
What is the principle feature of a reasonable settlement?
It does not call for payment of any money that is greater than the amount of money available to the defendant. Consequently, the limitations placed on the insurer’s payment put a limitation on the size of the settlement.
How do a policy’s limitations square with an accident victim’s rights?
If those limits mean that a defendant has only a small amount of money to provide that victim, that fact does not remove the victim’s right to initiate court proceedings. There may be other assets available to the defendant. The number and value of those assets determines the likelihood that the plaintiff/victim will be able to satisfactory award. In other words, the court’s judgement may not fully compensate that injured plaintiff/victim.
How might a lawyer help a client to obtain a more satisfactory judgement, given such circumstances?
Personal Injury Lawyer in Medicine Hat can investigate the extent of a defendant’s assets. The lawyers can study the scene of a collision and check to see if there might be someone besides the defendant that was partly responsible for the fact that the vehicles collided. Lawyers can interview witnesses. The witnesses to a slip and fall incident might indicate that the victim was not paying attention to where he or she was stepping at that particular moment.
An attorney would have the ability to make sure that the insurance company for the responsible driver did not push the client to accept an agreement before all the victims have attained to a maximum medical improvement (MMI). By pressuring a claimant, an insurer might try to reduce the amount owed for medical expenses. Clients that agree too early do not get covered for future medical expenses.
An attorney could make certain that any repairs were completed in a satisfactory manner. If a repaired engine started to smoke, an attorney’s efforts could be directed at demanding the client’s right to withhold any payment until the engine had been fixed in an effective manner.