I was struck by a motorist who did not see me while traveling in a heavy, blinding downpour. Will bad weather impact my liability and damages?
Some insurance policies specify that they do not pay on what they call “acts of God” – earthquakes, severe weather, etc. Others allow you to pay additional premiums for special coverages. A lot comes down to the provisions of your policy. Case studies show that if you were traveling at a lawful speed, and the visibility and road conditions were such that the other driver should have slowed down, you may have a good case.
On the other hand, if the weather was extremely bad, it may have been prudent to pull over and wait for the downpour to end (which is what the insurance adjuster will likely maintain).
Depending on how your case is presented, the weather can either work in your favor, demonstrating your disadvantage on the road, or provide an excuse for the motorist. Consult with an experienced attorney in your state about the legal merits of your claim. |