A car can mean a lot to different people, and for many automobile aficionados, a car is so much more than a car. For those with trucks, the use of lift kits is a way to personalize their ride and give it a style all of its own.
However, laws are in place regarding what truck owners can do with their vehicles, and what they do to their trucks affects what happens in the event they cause a car accident. What happens if the other driver had a lifted truck? Does that affect what types of damages you can seek?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Check Your Local State Laws
Every state has its own set of laws regarding installation of a suspension kit or aftermarket vehicle modification. Some states are fairly lax in their regulations on car modifications while others are strict with their regulations on what is and what is not street legal.
It is important to contact your local license branch to see what these regulations are following the car accident. You should be able to figure out fairly quickly whether the truck that hit your vehicle was following state law.
What Types of Risks Are Possible?
Several risk factors are presented when it comes to lifted vehicles, increasing the chance of an accident, as well as the type of injuries sustained:
- Lifted vehicles have an increased chance of rollovers, thereby increasing the chance of death or serious bodily injury to the driver and others involved;
- The chance of rear-ending the car in front of them increases because of the lift kit. Because the car’s bumper is raised, it has a higher potential to total a lower profile car, truck or SUV. This could lead to a higher chance of fatalities, as well.
- Decreased visibility is also a risk factor when cars are lifted. Even being lifted an additional six to eight inches can cause problems.
- Because the bumper is elevated due to the lift, so are the headlights. They could then glow into the direct line of vision of the driver looking in his or her rear-view window, causing difficulty to see or react properly.
- The lift kits also have a tendency to throw off the car’s center of gravity, which makes it harder for the drivers to stop or avoid any hazards that appear. This could be dangerous for both the driver of the lifted truck, as well as those on the road.
Insurance companies see the above risks and they throw up red flags when it comes to covering cars that have aftermarket modifications and for good reason.
Effect of Aftermarket Vehicle Modifications on Insurance Coverage
It is up to the driver of the vehicle to ensure that his or her car is insurable. Most insurance companies handle cars that have increased requirements when it comes to aftermarket modifications to cars. Many do not cover any modifications at all, while some require extra coverage for the additional, off-road components added to the truck.
How this affects someone hurt in an accident involving a lifted truck is that driver or owner of the truck may not have adequate insurance to cover damages to either his or the other party’s car.
That means if the accident happens in an at-fault state, the injured party who was not to blame for the accident might be left high and dry when trying to get compensation for his or her injuries. That hardly seems fair to many.
If the parties are in a no-fault insurance state, that factor will not matter at all. However, if fault is a factor, that could involve the injured party needing to file a claim with his or her uninsured motorist policy.
The driver who was injured can go after the lifted truck owner personally for damages that go above and beyond, but this will need to be done through a personal injury law suit and not through insurance. A personal injury attorney can advise you on how to proceed in this type of situation.
Contact an Attorney Today
If you have been in a car accident and the other driver had a lifted truck, you may want to contact an attorney regarding any questions you have on what damages you can seek.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
