Auto Accident Newsletters

Subrogation in Underinsured/Uninsured Motorist Cases

When an insurer pays a benefit under a policy provision for underinsured motorist coverage or uninsured motorist coverage, it is in effect paying a debt owed by the underinsured or uninsured driver, the person who is actually liable for the damages arising as a result of the event that led to the insurer having to make the payment. An insurer who makes such payments has a right, the right of subrogation, by which it is permitted to take legal action against the underinsured or uninsured motorist in an attempt to recover as much as possible of the amount the insurer has paid out. The insurer's subrogation right will only have value, as a practical matter, to the extent that the underinsured or uninsured driver has assets that can be seized by legal process to satisfy the judgment that the insurer obtains against the underinsured or uninsured driver in its subrogation action.

Household/Family Members Exclusions in Motorists Insurance

Exclusions in a motorist insurance policy that deny coverage to members of an insured's family or household may or may not be valid in a particular case. Further, several factors must be considered before an injured party may be found to be a member of an insured's family or household. It is best to check current case law before accepting that these exclusions in a motorist insurance policy bar an injured person's recovery from the insured's policy.

Fleet Auto Insurance Policies

A mention of the topic of auto insurance generally brings to mind the myriad policies that cover the individual owners and drivers and individual cars and trucks that operate every day on the streets and highways of the United States. In many cases, though, fleets of greater or lesser numbers of vehicles owned by a single entity and operated by many different individuals are sent out on the roads in order to carry out the business of their owners. The existence of such fleets creates unique issues in the area of motor vehicle insurance.

Auto Insurance Coverage for Permissive Users

If a motor vehicle driver had permission to use an insured vehicle and has an accident, the vehicle owner's automobile insurance policy may provide coverage. The permission had to be given by a named insured on the policy. The permission could be either express or implied. The permission had to exist at the time of the accident.

Contingency Fee Arrangements in Auto Accident Cases

When a person, who is injured in an automobile accident, needs an attorney to file a lawsuit against those who caused the person's injuries, the attorney's fees could prevent the injured person from proceeding. Most injured persons cannot afford to pay an attorney's hourly fee to bring a lawsuit to recover damages that could include medical expenses, lost wages, pain, future medical needs, and other expenses. To make litigation affordable for an injured person, attorneys in automobile accident cases do not charge an hourly rate or a fixed amount for legal fees. Instead, the attorney and injured person agree that the attorney's fee will be determined by the amount of the settlement awarded to the client. This is called a contingency fee arrangement.