However, simple it may look or sound, it is not very easy to evaluate an accurate compensation amount. There are many aspects to consider to arrive at an amount that will be payable by the defendant. It is not only the payable amount of the defendant that the Injury Lawyer in Guelph will considered, they need to see if the defendant is able to pay it as well. It is at this time that the insurance coverage comes into play and will determine the claim amount.
Auto Insurance Is Prime Factor
It is the insurance cover that is the prime source for paying for the damages. If it is adequate, then the matter is easily resolved, but if it is insufficient to meet with the demand then attaching the assets of the defendant might be considered. Therefore, auto insurance is what that is primarily considered, by the Injury Lawyer in Guelph. It is necessary to know and consider the rule of the state in which the accident occurred. Many states have mandatory rule for the drivers, to have auto insurance taken in their names.
Rule of The State
In Ontario, the operating insurance companies in the state has to offer uninsured or under motorist coverage or UIM. This insurance will enable you to get the desired claim amount even, if the driver does not have proper insurance coverage. The coverage for pedestrians will play an important role in this aspect. The Injury Lawyer in Guelph will also consider the insurance coverage of the pedestrian during the calculation of the compensation amount. It has to be seen whether or not the pedestrian has any medical insurance. If so, then all the medical bills must be paid from that insurance cover.
No Fault States
Accidents can occur in a no-fault state and in such cases the pedestrian insurance will meet with the bulk of the medical expenses. This will be applicable, even if the driver has some sort of personal insurance cover. Moreover, in some cases the driver is liable to pay for compensation even if he was not driving the vehicle. Therefore, knowledge of the law of Ontario law and the insurance cover is paramount by the Injury Lawyer in Guelph in such cases, so that you get the desired amount of claim.
Exceptions to the Case
If it is found that the pedestrian is at fault and was partially or fully responsible for the cause the accident, then the insurance company of the driver is not liable to pay any money as compensation for damages. In a no fault state if the pedestrian is guilty then compensation may be paid from his or the driver’s insurance depending on the degree of negligence. To read more Click Here