News & Analysis as of

Car Accident Auto Insurance

"Look Mom No Hands!" But Lots of Rules for AI Cars in California

by Lewitt Hackman on

You may have heard the news: An Uber Technologies Inc. autonomous vehicle was involved in an accident in Arizona. A human driver in a Honda CRV turning left at a yellow light hit the self-driving Volvo as it was crossing the...more

What to do when insurance companies insist on their case manager

by Michigan Auto Law on

An insurance company claim adjuster cannot override a car accident victim’s right to choose his or her own case manager. But that doesn’t mean some Michigan auto insurance companies won’t try to push hard to control an...more

8th Circuit Denies UIM Coverage Again Based Upon Mo. Supreme Court Decision in Rodriguez v. General Accident Insurance Company

by Williams Venker & Sanders on

For a third time in four years, the 8th Circuit has denied UIM coverage to an insured based upon the Missouri Supreme Court’s decision in Rodriguez v. General Accident Insurance Company of America, 808 S.W.2d 379 (Mo. banc...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

by Field Law on

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having...more

Insurance Coverage – Exclusion for Vehicles “Normally Made Available”

by Low, Ball & Lynch on

Purchasing optional liability coverage for employees’ foreseeable personal use of company vehicles can prevent your employees from being financially at risk. Javier Medina v. Geico Indemnity Company ...more

UK: A new insurance framework for driverless cars – Government Bill provides details

by Hogan Lovells on

The Government has introduced the Vehicle Technology and Aviation Bill to Parliament, setting out in detail how the UK’s compulsory motor insurance framework will be amended to handle automated vehicles....more

Duggan’s new D-Insurance plans will be great for the auto accident lawyers, but terrible for everyone else

by Michigan Auto Law on

Does Mayor Duggan want to ‘repeal and replace’ Michigan’s auto No Fault law? Does Detroit Mayor Mike Duggan want to scrap Michigan’s auto No Fault law? Last night, during his State of the City address, the mayor...more

Avoid These Costly Mistakes When Hiring the Right Accident Lawyer

Auto accidents, by nature, are generally unplanned and unpredictable. In more serious accidents, catastrophic injuries can mean that lives are thrown into chaos. What’s more, in the days and even weeks and months following...more

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

by Carlton Fields on

In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Should you file a Lawsuit in your Car Accident Case?

Woodland Hills personal injury and car accident attorney Barry P. Goldberg is asked this question all the time. The answer may surprise you: “Don’t be afraid to file a lawsuit, if necessary!” The insurers know which lawyers...more

Court Finds Customary Use of Work Van for Personal Purposes is Regular Use and Not Covered Under Employee’s Personal Auto Policy

In Medina v. GEICO Indemnity (No. F072548, filed 2/8/17), a California appeals court ruled that a work van admittedly furnished to an employee for both business and personal purposes, being used for personal purposes at the...more

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

by Carlton Fields on

It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff’s...more

Liability for Loaning out your car— The Permissive User

Woodland Hills Personal Injury Attorney Barry P. Goldberg knows that lending a car to a friend can be a huge favor to them, but also can result in huge liability to you should that friend get into an accident. Vehicle owners...more

Will Florida's Crazy PIP Litigation Soon Be a Thing of the Past?

Following an automobile accident, injured parties need immediate funds to pay for medical expenses. To ensure that injured persons have the ability to obtain necessary healthcare, Florida law requires auto insurers to...more

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

by Carlton Fields on

Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more

Florida 4th DCA Reiterates Insurers Negligence Not Enough to Sustain Bad Faith Claim

by Rumberger Kirk & Caldwell on

Directs Judgment to be Entered in Favor of Insurer - In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed...more

Ohio Supreme Court Determines That The Independent Corroborative Evidence Necessary To Prove An Uninsured Motorist Vehicle Claim...

by Reminger Co., LPA on

In order to present an uninsured motorist claim when an accident is caused by an unidentified vehicle, a claimant must present independent corroborative evidence demonstrating that the accident was caused by the negligence of...more

Top 9 Mini Tort facts for repairing car accident vehicle damage

by Michigan Auto Law on

What you need to know on the Michigan Mini Tort maximum recovery limit, getting your car fixed and paid for, what do do if you’re in a crash with an uninsured driver, time limits to file a claim....more

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

by Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

California Drivers are Still Confused about Uninsured and Underinsured Motorist Coverage!

Woodland Hills personal injury lawyer Barry P. Goldberg is an expert on all things “uninsured” and “underinsured.” But, how does it work? What is it? Why is it not clear to everyone? Well, in short, it is neither logical...more

“Going and Coming” Rule Applied for Commute from Paid Hotel to Jobsite

Woodland Hills Personal Injury Attorney Barry P. Goldberg is always looking for sources of additional recovery in all serious motor vehicle accident cases because most negligent drivers simply do not carry enough liability...more

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

Insurance Coverage – Cancellation of Policy and Bad Faith

by Low, Ball & Lynch on

Trent Mills v. AAA Northern California, Nevada & Utah Ins. Exchange - Court of Appeal, Third District (September 20, 2016) - Under Insurance Code § 1861.03(c)(1), an insurer has a statutory right to cancel an...more

Why You Need an Attorney for an Uninsured Motorist Claim.

Woodland Hills personal injury lawyer Barry P. Goldberg is considered the “go to” resource for all things “Uninsured and Underinsured Motorist.” In fact, Mr. Goldberg receives regular calls from lawyers throughout California...more

Court Upholds Cancellation for Failure to Exclude or Add Driver on Request as a “Substantial Increase in the Hazard Insured...

In Mills v. AAA Northern CA, NV and Utah Ins. Exch. (No. C072644, filed 9/20/16), a California appeals court held that an insurer’s cancellation of a personal auto policy was valid where based upon the insureds’ failure to...more

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