Auto Accidents Newsletters

Property Coverage under Auto Insurance Policies

While statistics on the deaths and personal injuries caused by motor vehicle accidents are understandably the most vivid and immediate reminders of the societal costs incident to the extensive use of cars and trucks in the United States, property damage resulting from vehicular accidents in this country has its own significant economic impact. Motor vehicle insurance policies accordingly contain numerous provisions dealing with various kinds of property damage and loss.

"Escape Clauses" in Automobile Insurance Policies

An automobile insurance policy may have a provision for "other insurance." When more than one insurance policy provides coverage for a loss, the "other insurance" clause can limit an insurance company's liability by defining the priority in which the policy should pay an insured's claim. There are three types of "other insurance" clauses: (1) pro rata; (2) excess; and (3) escape.

Crashworthiness Issues in Automotive Products Liability Cases

In order to succeed in a products liability action against the manufacturer or seller of a motor vehicle, a plaintiff has to show 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. Automotive products liability cases may involve allegations that a car or truck was defective in some aspect of the way in which it was designed, in the manner in which its parts were manufactured and assembled into a complete vehicle, or due to a failure to warn the purchaser or user of the vehicle of some danger inherent in its use and operation. Cases involving the doctrine of crashworthiness (which is sometimes referred to as enhanced injury or second collision) constitute a subset of those cases in which it is alleged that a design defect in a vehicle was the cause of the injuries complained of.

Tort Liability for School Bus Operations

The elongated yellow body of a school bus is a familiar sight on the streets and roads of the United States. Because of the frequency and scope of their operations and the manner of their employment, school buses inevitably become involved in motor vehicle accidents and other incidents that result in the bringing of legal actions seeking to recover damages for death, personal injury, or property damage caused by such incidents.

Attorneys Retained by Auto Insurers: Duty to the Insured

When a lawsuit is filed against an automobile insurance company's insured for damages allegedly suffered by a claimant in an automobile accident with the insured, the insurance company has a duty to defend the insured. A part of the insurance company's duty can be the right to retain an attorney for the insured's defense and to pay that attorney's fee. Because the insurance company selects and pays the defense counsel, questions arise regarding who is the attorney's client and whether the attorney owes a duty to only the insured or to both the insured and the insurance company.