Auto Accidents Newsletters

Automobile "Rollover" Products Liability Cases

An automobile rollover accident is known as one of the most dangerous types of accidents that vehicle occupants can experience. When the rollover accident is not fatal, the resulting injuries are serious and disabling, with paralysis and traumatic brain injury commonly reported. Vehicle rollover litigation is very complex, even when the rollover involved a single car. A rollover accident is often the result of interactions among a driver's action or non-action, the vehicle's components, the roadway, and weather conditions. Many defective design actions have been litigated involving vehicle rollover accidents.

Per-Occurrence Liability for Auto Insurance

An automobile insurance policy can limit liability to a certain dollar amount for each accident or occurrence of loss suffered by an insured. Generally, per accident and per occurrence mean the same thing. One occurrence is a single, uninterrupted cause that can result in one or a number of bodily injuries or property damage. For example, if an insured's vehicle hits a car and that collision breaks the steering gear on the insured's vehicle causing it to hit another car, then only one accident occurred within the meaning of the insurance policy limitation. Therefore, there can be multiple claims of injuries and damages that arise from one accident.

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.

Underinsured/Uninsured Motorists Exhaustion Requirements

Underinsured motorist and uninsured motorist provisions in auto insurance policies often contain language stating that the underinsured or uninsured motorist coverage will not become available until the policy limits of all insurance policies that are applicable to the accident have been exhausted by the payment of judgments or settlements. Such exhaustion requirements are included in the policy because of the substitute or supplemental nature of the coverage and the understandable desire of the insurer to assure that all other available coverage has been applied before it is obligated to pay benefits under the underinsured or uninsured motorist provisions of the policy.

Underinsured/Uninsured Motorists Stacking Provisions

Underinsured motorist coverage, sometimes abbreviated UIM, and uninsured motorist coverage, sometimes abbreviated UM, are included in motor vehicle insurance policies as a consequence of the fact that many owners and operators of cars and trucks either do not maintain adequate insurance coverage on their vehicles or operate those vehicles without any insurance coverage at all.