Although most drivers on the road think nothing of a little rain, there can be some serious outcomes to driving while it is raining. Slippery roads and poor visibility during rain can cause car accidents. If you are injured in a car accident that took place while it was raining, you may be able to file a personal injury claim and receive damages to help pay for your lost wages, medical bills, and pain and suffering.
If you are injured in an accident that took place while it was raining out, the most important part of your claim will be determining who is at fault for the accident. Most drivers believe that because of poor weather conditions, their responsibility for causing a car accident is somehow less serious. This is not the case, as insurance companies will mostly always assert that it is every driver’s responsibility for exercising extra caution while driving during the rain.
Insurance companies determine who is at fault in every car accident, despite the surrounding weather conditions. For instance, you may have been speeding in an attempt to get home and out of the rain faster and caused an accident. This would mean you are at fault for the accident and would most likely not receive damages for your personal injury claim. On the other hand, the other driver could have been weaving in and out of traffic and rear ended you, or forgot to turn on his or her lights or windshield wipers, which would mean he or she was at fault in the accident. There is also the possibility that both you and the other driver were driving extremely cautiously and still collided due to the poor weather, which would mean you share fault for the accident.
The insurance company will take into account all of the details and conditions surrounding the car accident to determine fault. The driver found at fault will affect the outcome of your personal injury claim as well as if you receive compensation and how much.
After an insurance company determines who is at fault for the accident, the driver at fault will be responsible for damages. Although the weather may be taken into account in some instances, it does not excuse a driver’s fault. Depending on your location at the time of the accident, there are different rules regarding who will pay for claim. For example, in a fault state, the at-fault driver is wholly responsible for paying your personal injury damages. In a no-fault state, it doesn’t matter who is responsible for the accident and your own insurance company will compensate you. There are other variations of these fault rules in other states.
If your claim is rejected or you are found at fault for an accident, you can always attempt to appeal the decision. It may also be a good idea to find a personal injury lawyer to help you file your claim and request a fair and correct amount of compensation. A lawyer will also help you negotiate your personal injury claim with the insurance company or companies involved.