What is Assigned Risk Coverage?

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One of the goals of the system of motor vehicle insurance in the United States is to see to it that insurance coverage on the owners and operators of cars and trucks be as widespread as possible so that those who suffer personal injury or property damage in auto accidents can be assured that they will be recompensed for their losses. A complicating factor along the path to reaching this goal is that the records of some drivers and the risk assessment practices of insurers may combine to make it impracticable for those drivers to obtain the required amount of insurance coverage at an affordable premium level, or even to obtain such coverage at all. Assigned risk coverage has been devised as a means of overcoming this difficulty.

State-Assigned Risk Plans

State-assigned risk plans basically operate by creating a pool made up of those drivers who would otherwise not be able to obtain necessary insurance coverage and apportioning the responsibility for providing coverage on the members of that pool among the insurers who write motor vehicle policies in the state. As a consequence of the unique and higher-risk nature of the assigned risk business, state laws covering assigned risk plans often contain detailed provisions concerning application for, participation in, and termination of assigned risk coverage.

How Is It Regulated?

The business of insurance in the United States, including that of motor vehicle insurance, has traditionally been regulated by the separate laws of each state rather than by a single unified body of federal law. As a result, legal standards governing the nature and operation of assigned risk coverage plans will vary from state to state and will be found in the state statutes regulating the business of insurance and in court decisions dealing with matters of insurance law.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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