Auto Accidents Newsletters

Auto Coverage for Mass Transit Vehicles

Mass transit vehicles such as buses play an important role in carrying out the necessary activity of enabling the residents of the United States to conduct their public and private business. The sheer volume of human activity involved in mass transit operations, and the number and types of vehicles employed in mass transit around the country, create numerous issues related to the motor vehicle insurance aspects of the mass transit business.

Exclusions for Violations of Law in Motorists Insurance

Insurance companies do not defend their insureds in criminal proceedings based on automobile collisions. However, nearly all automobile collisions result from infractions of traffic regulations. The fact that an insured was violating a law at the time a covered accident occurred does not relieve an insurance company's duty to defend that insured in a civil action or its duty to pay for the injuries or damages caused by the insured.

Failure to Warn Issues in Automotive Products Liability Cases

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.

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.

Setoffs and Underinsured Motorist Insurance Policies

An automobile insurance policy may contain a set-off clause, which provides that an insured cannot recover bodily injury benefits under both the liability coverage part and the underinsured motorist coverage part of the policy. When an insured fully recovers his or her losses under the liability provision of an automobile insurance policy, the insured could not then seek to recover under the underinsured motorist provision of the same policy.