Should my insurance company pay for damages even though the plaintiff's didnt wear seatbelts i dont think that was my fault so i dont think i should pay for the damages to that
2007-12-17 07:51:23 · 14 answers · asked by bergendan216 2 in Politics & Government ➔ Law & Ethics
Who did the police rule at fault?
2007-12-17 07:58:50 · answer #1 · answered by wizjp 7 · 0⤊ 1⤋
I am guessing that you have been found at fault for the accident itself, yes?
If so, you are the one that pays regardless of what the other party was doing or not doing.
Let's say you rear-end someone in an accident, because their brake lights didn't work. You had no way of knowing they were stopping, so you hit them. The ticket goes to you and you are liable.
It is unfortunate, but you have to be ever watchful for the other guy--even the idiots and lawbreakers.
2007-12-17 16:01:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well I know you may not like my answer, but whoever cause the accident should be responsible, if the person did not have that seat belt on if you have proof then bring it before a judge, but again if the accident was your fault you still will be the rightful person, the person who did not have a seat belt on may only get a fine for not wearing the seat belt.
2007-12-17 15:56:37 · answer #3 · answered by chocgirl38 1 · 0⤊ 1⤋
If the accident was your fault, your insurance company will probably have to pay whether they wore seat belts or not. The police can ticket them for that, but the insurance company cannot withold payment.
2007-12-17 15:55:49 · answer #4 · answered by tone 6 · 0⤊ 1⤋
You most likely will have to. Let's put it this way, if they were speeding and you hit them, it's still your fault and have to pay the damages even though they were breaking the law.
2007-12-17 15:58:11 · answer #5 · answered by BBHunter 5 · 0⤊ 1⤋
Usually at trial the judge will assign damages based on his estimate of how much is your fault and how much is theirs - it's called "contributory negligence".
If he says "Your damages are $10,000, but half of those damages are because you weren't wearing a seat belt", then he'll rule against you in the amount of $5,000.
Richard
2007-12-17 16:00:49 · answer #6 · answered by rickinnocal 7 · 1⤊ 1⤋
In states that have seat belt laws, there is usually a provision that says the law cannot be used to defend bodily injury claims.
The claims adjuster's job is to investigate accidents and determine the best way to handle claims.
2007-12-17 15:56:56 · answer #7 · answered by regerugged 7 · 0⤊ 1⤋
When you purchased insurance, you gave the insurance company the right to make that decision. You're out of it. It may not be fair, but that's the way it works.
2007-12-17 16:10:05 · answer #8 · answered by scottclear 6 · 0⤊ 1⤋
It doesn't matter what you think.
You contracted with the insurance company, and you agreed to allow them the defense if anything arose. that makes it solely up to them, and I am sure they are well versed on the legal ways to keep their payouts to a minimum.
2007-12-17 16:06:39 · answer #9 · answered by Barry C 6 · 0⤊ 1⤋
no... If they weren't wearing seat belts then it's their fault. They wouldn't of got hurt if they were obeying the law.
2007-12-17 15:55:08 · answer #10 · answered by Justus R 1 · 0⤊ 1⤋