| No-fault Coverage |
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| No-fault insurance coverage essentially provides a less expansive insurance coverage than that of the traditional system, limiting the right of parties to bring traditional fault-based legal actions and the availability of certain types of damages that cannot be directly measured in economic terms, such as damages for what the law terms "pain and suffering," which often make up the bulk of the damages awarded in a traditional court action. In return, the no-fault system attempts to indemnify persons who have suffered personal injury or property damage in an auto accident more quickly and efficiently than can be accomplished by traditional methods, and also to reduce costs for all the participants in the insurance system. No-fault insurance laws often contain exceptions to their limitations on coverage and allow the bringing of traditional court actions in cases where serious injuries are involved. More... |
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| Auto Insurance Coverage for Leased and Rented Vehicles |
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| A rental car or leasing company may not be required to provide automobile insurance coverage for its renters or lessees during the rental or lease period. Further, an insurer of a renter or lessor can exclude any liability coverage for their customers. The specific provisions of a vehicle rental or lease agreement should be carefully reviewed to decide whether minimum insurance coverage is provided for renters or lessees. More... |
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| Underinsured/Uninsured Motorists Stacking Provisions |
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| 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. More... |
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| Conflict of Laws Issues in Motor Vehicle Insurance Disputes |
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| Motor vehicles, by the nature of their mobility, freely move among the states. Accidents can occur in an insured's home state or another state. The laws of the states can differ on how they interpret the terms of an insurance policy. Which law should be applied is the subject of rules for conflict-of-laws or choice-of-laws decisions. 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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