So you get hit by somebody who gets out of the car and says, "I had a sudden brake failure," or you get hit by somebody in a car and the police tell you they were passed out. They passed out behind the wheel and they caused the crash that way or you get hit by somebody who was avoiding an animal in the road. Up until very recently, all of those things, which have been called by the insurance industry "sudden emergency's" and they used to be the way the insurance companies could avoid paying your claim for injury. Recently, those laws have all changed. Sudden emergency is no longer a defense the insurance company can rely on.

Point of the matter is almost every occasion where somebody gets behind the wheel there's very rarely a situation where you see a sudden brake failure, but if you actually take the time to go and inspect the vehicle, what you find is almost always this is not a sudden brake failure, somebody cut the line. This is gross negligence on the part of the owner of the vehicle to maintain properly a car. It's metal on metal. It's no brake pad. That's the brake failures. In those situations, not only is the insurance company responsible, but they're probably responsible to a greater extent because of the aggravated liability.

The law used to have a bright line that said these are sudden emergencies and you can't look beyond that, insurance isn't responsible. Well that whole area of law has gone away in Colorado. If that's what an insurance company is telling you, and they still might be saying these words, you need to talk to an experienced injury attorney because that area of law is gone. For more information contact us at 303-782-9999 or start your free injury case evaluation today.



POST AUTHOR

Chad Hemmat

CHAD P. HEMMAT

Co-Founder & Lead Trial Attorney


Chad Hemmat is a co-founding principal partner of Anderson Hemmat. Mr. Hemmat directs all civil litigation operations at Anderson Hemmat. Litigation is the actual court process. Mr. Hemmat is personally involved in every case and insures that each client receives impeccable representation. Read more...


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