Act of God
What is an Act of God?
Although the word relates to God, it is not religious in this context; rather, it is a jargon used to indicate that something was neither caused by nor could have been avoided by people.
Acts of God are frequently not covered by insurance policies. In order to avoid paying a claim for damages, an insurance company may attempt to claim that something is an act of God, even if it doesn’t quite fit the criteria. Acts of God are more frequently encountered in the context of home insurance, but they can also occasionally apply to vehicle accident situations.
Common Examples of Acts of God:
- Perils of the Sea
- Sudden Death
Acts of God Regarding Auto Accident Claims
Sickness and untimely death are major factors in vehicle accident scenarios because they are seen as acts of God. Consider the scenario of someone having a heart attack while driving. They most likely won’t be able to steer their car. If they strike your vehicle, they can argue that the accident was caused by an act of God, negating your claims for damages and injuries.
In some circumstances, you can overcome this safeguard. For instance, if the driver’s doctor advised him not to drive because he had a high chance of having a heart attack, such information could have an impact on the outcome of a future lawsuit. This is due to the fact that the other driver’s heart attack was anticipated and possibly even likely, given the circumstances.
It must be a physical cause that is unavoidable or compelling for something to be regarded as an act of God.
This typically signifies that human intervention could not have prevented the accident. Imagine, for example, that a motorist hits your automobile after losing control of their vehicle in a sizable puddle. While the puddle itself was an act of God, the driver’s loss of control of his car was not.
It would not be a good defense for an insurance company if the act of God itself didn’t cause your accident.
How Your Attorney Can Establish Liability: Act of God vs. Driver Negligence
Finding culpability is crucial in an accident claim. Your attorney must examine whether each of the drivers involved in the collision performed with the degree of care that a reasonable person would exercise in the same situation. Poor weather is frequently a significant factor in determining whether the driver was operating carelessly or recklessly.
What is Reasonable Care?
Driving at the posted speed limit is not practical while it is raining heavily because visibility is much reduced. Similar to wet and slick pavement, snow and ice can significantly reduce a vehicle’s ability to brake and come to a complete stop. A sensible driver would probably drive more slowly and increase the following distance behind other vehicles under these road conditions.
Auto Collisions That Are Not an Act of God
The driver had complete control over his speed. Therefore an incident where visibility is poor due to severe rain, snow, or sleet and a driver slams on their brakes, hydroplanes, and rear-ends your car is not an example of an act of God. No excuse for poor driving exists in nature.
Auto Collisions That May Be Considered an Act of God
Your car is abruptly pushed into oncoming traffic by the forces of a tornado. Because there was nothing the motorist could have done to prevent the crash, this situation may be appropriately referred to be an act of God, depending on other circumstances.
Contact a Personal Injury Attorney After a Vehicle Accident
If an insurance company is rejecting your claim on the grounds that the accident was not caused by an act of God, you should contact an attorney so they may investigate your case to see if a real act of God caused your injuries. Many insurance providers will try to construe this idea more broadly than necessary in order to avoid having to compensate you for the damages you deserve. With the help of an attorney, you can receive the compensation you deserve.
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