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Know your insurance policy

If an ambulance is responding to an emergency and negligently causes an accident that hurts you, in most instances they are immune and you cannot recover for the damages they cause. According to the Emergency Medical Services Act (210 ILCS 50/3.150), and the Illinois Tort Immunity Act (745 ILCS 10/5-106), emergency responders are not liable for the injuries they negligently cause while operating a motor vehicle in emergency situations. Liability does attach if their actions are reckless. However, this is a difficult standard and insurance companies know it.   

Generally, if you are hit by someone who does not have insurance to cover your loss, you can make a claim under your own policy. This is known as an uninsured motorist claim. Under normal circumstances, if an emergency responder negligently hurts you, you should be able to make an uninsured motorist claim. However, by adding exclusionary provisions, insurance companies use fine print to limit this obligation. For instance, some policies specifically exclude uninsured coverage when you are hit by a car owned by a governmental entity. Other policies will provide a narrow definition of “uninsured” to allow the insurance company to deny claims when the car that struck you has some form of immunity.  

There is an ancient legal maxim: “Equity will not suffer a wrong to be without a remedy.” But insurance companies get around this legal maxim through fine print. Remember to read your policy before agreeing to its terms. Ask questions. If your agent will not or cannot answer your questions, it is time to see a different agent.  

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