Accident Not Her Fault, Plaintiff Forced to File Bad Faith Insurance Claim

St. Louis, MOThe proof will come out not in the pudding but in the lawsuit. However, allegations stemming from a bad faith insurance lawsuit and the accompanying bad faith insurance claim filed by a Missouri woman gives one pause to wonder why anyone ever bothers with insurance. That said, there is little doubt as to why the insurance bad faith attorney has so much grist for his mill.

According to an account in the Madison St. Clair Record dated June 8th of this year, Alicia R. Rogers was out driving on March 27th when her car was struck by another car driven by an uninsured motorist. The other driver had failed to heed a stop sign and thus was deemed to be at fault in the accident.

Rogers, who did carry insurance and was not considered at fault in the March 27th accident, might be forgiven for thinking that she was properly covered by insurance and had acted responsibly—as she had for many years—by ensuring she subscribed to the moral and legal obligations expected of anyone who uses the public thoroughfares.

The other driver, who was deemed at fault, was not insured.

However, according to the text of Rogers' bad faith insurance lawsuit her insurer, Affirmative Insurance of Illinois cancelled her policy May 17th, refusing to pay her any benefits.

"Defendant's decision to rescind the contract was made in Bad Faith and without a legal basis," the suit states.

According to the three-count lawsuit the plaintiff sustained permanent and progressive injuries to her head, neck, back and shoulder as the result of the March 27th collision. Rogers also incurred lost wages and medical expenses. Her car was damaged and depreciated as the result of that damage. The plaintiff also incurred costs for towing, rental and related costs for inconvenience.

According to the lawsuit, the text of which was summarized in the Madison St. Clair Record, Rogers had been a client with Affirmative for many years, presumably paying her premiums to the insurer according to the terms and conditions of the contract.

Most would assume that when the client of an insurance company faithfully pays premiums in good faith, he could expect coverage and compensation according to the terms and limits of the policy, which serves as a legal contract between the insured and the insurer.

Rogers' lawsuit, filed May 29th in St. Clair County Circuit Court, seeks an unspecified judgment in addition to attorney's fees, costs and other relief deemed fair and just by the court.

There are various reasons why a motorist may choose to drive without first securing adequate insurance. Perhaps it is due to a poor driving record, which makes that driver a poor risk. The higher the risk, the higher the cost of premiums. An oft-cited piece of modern folklore suggests that some drivers operate without insurance because the fine, if they are caught, is often less than the cost of insurance.

Such a lack of moral responsibility where it comes to others on the road stands in sharp contrast with the moral code of those who insist on being properly covered in the event of an accident. It is the moral and responsible thing to do. That's why it comes as such a shock when bad faith insurance, in the face of such a series of events, is even an issue let alone an allegation. When someone who appears to have done all the things is denied, the presence of a bad faith insurance claim is both a sign of alleged unjust behavior on the part of one, and justice in the making for the other.