Loss of control of vehicle
Losing control of a vehicle is often a common cause of many accidents, but from the study and analysis of the cause of this loss of vehicle control a different guilt can be determined in an accident with some circumstances.
The so-called aquaplaning, gravel on the road, oil stains, animals or obstacles in the road, vehicle defect or any of its elements, a traffic rules breach by any other road user, etc., can determine the responsibility of a third in an accident that apparently was caused by a loss of control of vehicle. Therefore, we have to make always a detailed study of the evidences that we have from the accident to check the possibilities to prove all these circumstances and assess the viability of any claim.
However, even in cases of loss of vehicle control by exclusive guilt of the driver, when the passengers are injured or even disabled, or when the driver dies, it can be claimed to our own insurance, some based on the tort liability for the accident and others, because the driver, most likely, have contractual coverage from the insurance itself, which we will always pay close attention given that they cannot deduct any kind of guilt, but they may not apply if it is proved that the driver was driving under the influence of alcohol or psychotropic substances or any other circumstance expressly excluded in the contract and was properly reflected and highlighted in the particular conditions thereof.
Loss of control of a vehicle is often acommon cause of many accidents , but the study and analysis of the cause of this loss of control of the vehicle may determine fault other than that of the driver in an accident in these circumstances. .
Aquaplaning, gravel on the road, oil slicks, animals or obstacles on the road, a defect of the vehicle or of any of its components, a traffic offence by another road user, etc., may determine the liability of a third party in an accident that has apparently been caused by a consequent loss of control of the vehicle that was being driven. As a result of all the above, a very detailed study should always be carried out of the evidence from the accident in order to evaluate the possibilities of accrediting these circumstances and evaluating the viability of any claim against third parties.
However, even in the cases of the loss of vehicle control due to the exclusive fault of its driver, with injuries to the rest of the occupants and permanent disabling injuries or death of the driver, they can be claimed from the insurer , some based on non-contractual liability deriving from the accident and the others, those of the driver, very probably, with the contractual coverage of the policy itself, which a lot of attention should always be paid to given that in these circumstance it is not possible to deduct any kind of fault, but they may not be applied if it is accredited that the driver was under the influence of alcoholic beverages or psychotropic substances or any other substance that was expressly excluded from the contractual obligations and that was duly reflected, highlighted and accepted in the particular conditions of it.
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