Auto Accidents Newsletters

Applicant's Duty to Read Application for Auto Insurance

The contractual agreement entered into when a policy of auto insurance is created is based on the application for insurance made by a prospective insured to an insurer. In situations where there are disparities between the policy as issued and the insured's understanding of the coverage he or she was applying for, or where errors or inaccuracies are found to exist in matters asserted or acquiesced in by the insured in the application, legal issues may arise concerning the extent of the insured's duty to have read the application so as to assure its accuracy and completeness.

Auto Insurance Coverage for Tow Trucks

The frequency of occurrence of vehicular accidents and various kinds of mechanical breakdowns that cause the disablement of cars and trucks on the streets and roads of the United States necessarily results in an extensive use of tow trucks to assist in the resolution of such situations and the removal of affected vehicles from the scenes of such accidents and breakdowns. The operations of tow trucks, and the variety of risks involved in their use, create a number of unique concerns in the area of motor vehicle insurance.

Cancellation of Auto Insurance for Misrepresentations in Application

While an insurer may sometimes cancel a policy for misrepresentations made during the application process, the insurer's right to do so may be limited by legal principles that take into consideration such things as the nature and extent of the misrepresentations made, the insurer's own diligence in determining the true facts of the situation, and the consequences for innocent third parties who have in effect placed their reliance on the insurer's action in issuing a policy whose issuance it has now come to regret.

Liability of Non-Manufacturing Seller in Automotive Products Liability Cases

A plaintiff in an automotive products liability case against the manufacturer or seller of a motor vehicle generally has to prove that the vehicle at the time of sale contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was used for its intended purpose and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the damage or loss for which the plaintiff seeks to recover damages. Under traditional legal principles, any party involved in the chain of transactions leading up to the retail sale of the vehicle, including the dealer who sold the car or truck, could be held liable in such a case. Motor vehicle dealers, like any party against whom a legal action is brought, would like to limit their potential liability to matters for which they can be shown to have a direct and undeniable responsibility.

Underinsured/Uninsured Motorists Stacking Provisions

Underinsured motorist coverage, sometimes abbreviated UIM, and uninsured motorist coverage, sometimes abbreviated UM, are included in motor vehicle insurance policies as a consequence of the fact that many owners and operators of cars and trucks either do not maintain adequate insurance coverage on their vehicles or operate those vehicles without any insurance coverage at all.