How to Take Legal Action against Car Driver Who Does Not Hit you

Motorcycle Attorney
Common Legal Tips

Coverage prior to compensation – that is the “black letter law” for insurance. Let us say you are injured in a California car accident. Before getting compensated for the injuries you have sustained, there has to be coverage under the auto insurance policy. If there is a collision, there is likely coverage for that.

Generally, sideswipe collision, rear-end collision, and pedestrian accident, are usually covered by insurance companies. However, what if a car (driver) does not actually hit you? What if it speeds towards you and somehow you jump out of its way and get injured in the fall? In this case, your personal injury attorney has to argue that the accident actually “arose out of” either the ownership of the car or its use.

Most auto insurance policies have a provision stating that the insurance firm will compensate an individual for bodily injury or a property’s damage “arising out of the ownership, maintenance, or use” of the vehicle.

At the minimum, “arising out of” means there has to be some connection between the car as well as the accident. The state courts understand the term in broad terms. At the minimum, there has to be enough involvement between it and the accident. Below are some examples from the cases unfolded in the state, where the court and the jury found the accidents did actually “arise out of” the car’s ownership, maintenance, or its use.

  • The loss occurred due to a drive-by shooting incident.
  • The loss occurred owing to teenaged people throwing eggs that injured pedestrian.
  • The loss occurred due to truck that went off road since it was loaded negligently.

Below are some counter-examples to this scenario.

  • Sexual assault did not “arise out of” car’s use
  • Dog bite from canine who jumped out of moving car did not “arise out of” its use
  • Road rage incident that led to driver’s death did not “arise out of” its use

The point is “arising out of” is one of the legal arguments to be made by your motorcycle attorney against the insurance firm involved. This phrase is purposefully not precise to give the insurer grounds to deny your claim.

Talk to an experienced California motorcycle attorney to take your case forward. They have all the expertise in the field to make sure that your claim is not denied due to a lack of understanding of legal terminologies.

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