Newsletters

Medical Payments Coverage in Auto Insurance

Physical injuries requiring varying degrees of medical attention that range from the superficial to the extensive are a common consequence of motor vehicle accidents. Medical payments provisions have been included in auto insurance policies in order to provide insured persons and occupants of covered vehicles reimbursement of payments made in obtaining such medical treatment after an accident.

Collision Coverage

Under the collision coverage provision of a policy, an insurer agrees to pay an insured for damage to a covered vehicle caused by an accidental occurrence that is typically described as involving a "collision" or an "upset."

Transporting Hazardous Materials on Roadways

Without trucks products could not get to the neighborhood store. But traveling the roadways with the artichokes and widgets are shipments of hazardous cargo, like flammable liquids, biomedical waste, and radioactive materials. When a truck containing molasses overturns on a highway, the resulting cleanup can be sticky. When a truck containing dynamite overturns on a highway, the cleanup is very risky.

Manufacturer Defenses in Automotive Products Liability Cases

The basic elements of proof that a plaintiff has to establish in a products liability action against the 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 the vehicle was put to its intended use and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages. Vehicle defects can include shortcomings in the design of a vehicle, mistakes in the manufacture of its component parts or in their assembly into a complete car or truck, and failure to warn the purchaser or operator of a risk inherent in the use and operation of the vehicle. Manufacturers have a number of defenses available to them in seeking to prevent a plaintiff from succeeding in an automotive products liability action.

Personal Injury Protection under No-Fault Automobile Coverage

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.