Interaction of Collision and Comprehensive Coverage in Auto Insurance Policies

Collision coverage and comprehensive coverage in policies of motor vehicle insurance are interrelated with one another, as both types of coverage are intended to protect an owner or operator against loss resulting from damage to a covered vehicle itself rather than insuring against legal liability for personal injury or property damage suffered by others that results from operation of the covered vehicle.

Setoffs and Uninsured Motorist Insurance Policies

Some state statutes allow uninsured motorist insurance companies to setoff amounts that an insured received from workers compensation, Social Security, and settlements with a liability insurance company. Therefore, if an insured were injured in a car accident while driving in the course of his or her employment, the insurance company could offset the uninsured motorist benefits in the full amount of the insured's workers compensation judgment.

Auto Insurance Coverage for Newly Acquired Vehicles

When a vehicle owner has an automobile insurance policy and acquires a new vehicle, the new vehicle will be automatically covered to the same extent and policy amounts as the insured's other insured vehicles, if the insurance policy has a provision for newly acquired vehicles. A newly acquired vehicle can be a replacement vehicle or an additional vehicle. The term also includes purchased and leased vehicles.

Auto Insurance Coverage for Underage Drivers

Age and gender are two of the criteria used by insurers in the process of determining risks in the writing of motor vehicle insurance policies. As a result, auto insurance policies sometimes contain provisions that exclude from coverage incidents that occur while a covered vehicle is being operated by a driver under a specified age, or by a male driver under a specified age. Questions of coverage arise when, as is inevitable, such incidents of operation by underage drivers take place and result in injury or property damage.

Effect of Federal Motor Vehicle Safety Standards on Automotive Products Liability Cases

The National Highway Traffic Safety Administration, commonly known as NHTSA, an agency of the United States Department of Transportation, enacted an initial set of Federal Motor Vehicle Safety Standards, or FMVSS, in the late 1960s. NHTSA has amended and updated the FMVSS, and has added new standards to the original group of FMVSS, since that time. Every new motor vehicle sold in the United States is required to comply with all of the FMVSS that are applicable to that type of vehicle. (Due to differences in the configurations of passenger cars and trucks, certain of the FMVSS are limited in their application to one type of vehicle or the other.) In an automotive products liability case, a legal action in which a plaintiff seeks to recover damages from the manufacturer or seller of a motor vehicle for death, personal injury, or property damage caused by an alleged defect in the design or manufacture of the vehicle or by the failure to warn of a danger inherent in its use and operation, the FMVSS sometimes play a role in determining the outcome of the dispute between the parties.