Have you been in a car accident and heard the insurance company use the term “Act of God” to deny your claim? It might sound like a legitimate reason, but in most car accident cases, it’s not. This defense is rare, and it’s crucial to understand why it’s often misused to avoid paying what you are rightfully owed.
Understanding the “Act of God” Defense in Legal Terms
In legal terms, an “Act of God” refers to an event outside of human control or foresight, caused exclusively by the forces of nature. Think of events like hurricanes, earthquakes, or floods. Insurance companies sometimes try to apply this defense to car accidents, arguing that a natural event was the primary cause of the accident, not the driver’s negligence.
Why “Act of God” Rarely Applies to Car Accidents
While extreme weather can contribute to accidents, it’s very uncommon for a car accident to be solely and directly caused by an “Act of God.” For this defense to hold up, the natural event would have to be so overwhelming and unexpected that no human intervention could have prevented the accident.
For example, if a tornado literally lifts your car and throws it into another vehicle, that might be considered an “Act of God.” However, driving in heavy rain, snow, or fog – while hazardous – is generally not considered an “Act of God.” Drivers are expected to adjust their behavior to these conditions. Failing to do so, and causing an accident as a result, usually points to driver negligence, not a natural disaster.
Don’t Let Insurance Companies Misuse This Defense
Insurance companies are businesses, and sometimes they may try to use uncommon defenses like “Act of God” to minimize payouts. If you’ve been in a car accident and your insurance company is claiming it was an “Act of God” to deny your claim, it’s essential to question this.
Here’s what you should do:
- Gather Evidence: Collect all possible evidence about the weather conditions and the accident itself. Police reports, weather reports, photos, and witness statements can be crucial.
- Question the Insurance Company: Ask the insurance company to clearly explain why they believe the accident was solely due to an “Act of God.” Demand specific evidence to support their claim.
- Seek Legal Advice: Consult with a car accident attorney. An attorney experienced in personal injury law can assess your case, understand the validity of the “Act of God” defense in your situation, and fight for your rights against the insurance company.
Get the Compensation You Deserve
Being involved in a car accident is stressful enough without insurance companies trying to avoid their responsibilities. Don’t let them cheat you with a misused “Act of God” defense. Understand your rights, gather evidence, and seek legal help to ensure you receive the compensation you are entitled to for your injuries and damages.
For a free consultation and to discuss your car accident case, call us today at 312-500-4500. We are available 24/7 to answer your questions and help you understand your options.
