| Personal Injury Protection under No-Fault Automobile Coverage |
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| Personal injury protection ("PIP"), also known as ''no-fault benefits'' or first-party benefits, coverage is an extension of automobile insurance coverage. It pays, up to a certain amount, an insured's health care expenses and other damages, like lost wages and income continuation benefits, due to an automobile accident regardless of who was at fault. Several no-fault automobile insurance states require drivers to carry PIP coverage. In some states, insurance companies are required to offer PIP coverage. Insureds can then purchase it, if they choose. More... |
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| Overview of Underinsured/Uninsured Motorist Coverage |
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| Because a substantial number of owners and operators of cars and trucks in the United States fail to maintain adequate insurance coverage or operate their vehicles without any insurance coverage at all, many motor vehicle insurance policies contain provisions for underinsured motorist coverage, sometimes abbreviated UIM, or uninsured motorist coverage, sometimes abbreviated UM. The intent of such provisions is to give persons insured under auto insurance policies and innocent third persons some of the insurance protection they would have enjoyed if the underinsured or uninsured motorist with whom they are involved in an accident had maintained adequate insurance coverage on an uninsured or underinsured vehicle. More... |
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| Failure to Warn Issues in Automotive Products Liability Cases |
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| The essential elements of proof that a plaintiff has to establish in a products liability action against a manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Claims of vehicle defect can include allegations of inadequacies in the design of a motor vehicle, errors in the manner in which its parts were manufactured and assembled into a complete car or truck, or failure to warn the purchaser or user of the vehicle of some risk inherent in its use. 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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| Setoffs and Uninsured Motorist Insurance Policies |
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| Some state statutes allow uninsured motorist insurance companies to setoff amounts that an insured received from workers compensation, Social Security, and settlements with a liability insurance company. Therefore, if an insured were injured in a car accident while driving in the course of his or her employment, the insurance company could offset the uninsured motorist benefits in the full amount of the insured's workers compensation judgment. More... |
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