Auto Accidents
| Underinsured/Uninsured Motorists' Consent to Settle |
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| Underinsured motorist and uninsured motorist provisions in many auto insurance policies contain clauses that exclude coverage if the insured, without the consent of the insurer, makes a settlement with or obtains a judgment against an uninsured or underinsured motorist who is liable for the damages caused by an accident. These clauses, which are called consent to settle, consent to settlement, or consent to action clauses, are included in the policy because the interests of an insured, who may hope to obtain a quick settlement with an uninsured or underinsured motorist and may be less concerned about the size of the settlement, often differ from the interests of his or her insurer, which hopes to recover from the liable party every possible dollar of the amounts it is required to pay out under its policy. More... |
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| Disclosure Obligations and Motor Vehicle Insurance Policies |
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| Automobile insurance policies may have a clause that requires an insured to disclosure information to his or her insurance company that would allow the insurance company to determine if there is a valid defense to a claim against the insured. This disclosure obligation, which could be part of an insurance policy's cooperation and assistance provision, requires the insured to make a truthful disclosure of all information reasonably requested by the insurance company. More... |
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| Coverage for Hit-and-Run Accidents |
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| A typical hit-and-run accident is a collision between two vehicles, and one of them leaves the accident scene. However, there are other types of hit-and-run accidents. A hit-and-run accident may also involve chain reaction accidents, flying auto parts, auto debris on the road, and objects thrown or shot from other vehicles. More... |
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| Proof of Loss Obligations |
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| When an insured has suffered a loss and wants to prove coverage under an automobile insurance policy, the insured must show the issuance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and notice and proof of loss to the insurance company. The proof of loss must give the insurance company adequate data from which it can determine its liability under the policy. The proof of loss must be in writing and set forth the injuries or damage sustained. A valuation of the loss should also be provided. More... |
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| Personal Injury Automobile Accident Cases |
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| If an insurance policy covers accidents of travel, it must be shown that a death or disability resulted from such a risk before benefits can be paid. A death caused by the collision of automobiles is clearly within the ordinary interpretation of accidental means. This result is not prevented by any negligence of the insured. Courts feel that clauses of this nature must be given a reasonable construction. If the insurance terms are not expressly limited, some courts will extend coverage to situations where the use of an automobile was not an important factor or where the particular loss was fairly removed from an event that involved the use of an automobile. Other decisions, however, are not as generous. Some courts will not trace back an injury to an automobile or extend benefits to a particular loss or expense. More... |
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