Auto Accidents Newsletters

Fleet Auto Insurance Policies

A mention of the topic of auto insurance generally brings to mind the myriad policies that cover the individual owners and drivers and individual cars and trucks that operate every day on the streets and highways of the United States. In many cases, though, fleets of greater or lesser numbers of vehicles owned by a single entity and operated by many different individuals are sent out on the roads in order to carry out the business of their owners. The existence of such fleets creates unique issues in the area of motor vehicle insurance.

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.

Rights of Injured Passengers in Auto Accident Cases

Passengers injured in automobile accidents have a right to recover compensation for their losses. It does not matter whether the driver of the vehicle in which the passenger was riding or the driver of another vehicle was at fault for the accident. In fact, a number of automobile insurance policies may be available to compensate an injured passenger. Of course, under some insurance policies, the passenger may be an excluded person. For instance, an automobile insurance policy with a passenger for consideration exclusion clause would not cover the passenger, who routinely paid the driver to take the passenger on errands or to an airport.

Trailer Exclusions in Auto Insurance

There are all kinds of trailers. There are mobile home trailers, boat hauling trailers, car hauling trailers, horse trailers, and campers. Some automobile insurance policies exclude all trailers from coverage. Some permit coverage of a trailer only if it is designed for use with a private passenger automobile and is described in the insurance policy. Commercial truck trailers and semi-trailers have their own insurance needs and are beyond the scope of this article.

Underinsured/Uninsured Motorists Mandatory Coverage

Requirements for providing or offering underinsured motorist coverage and uninsured motorist coverage are not uniform. In some states, it is mandatory for insurers to provide a specified amount of underinsured motorist and uninsured motorist coverage; the amounts that are specified may coincide with the minimum required liability insurance coverage in the state. In other states, insurers are merely required to make such coverage available to the purchasers of auto insurance policies. In yet other states, the subject of underinsured motorist and uninsured motorist coverage is considered to be a voluntary matter between the insurer and the insured.