News & Analysis as of

Uninsured and Under-Insured Motorists Bodily Injury

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

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In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Cozen O'Connor

Claims Notes: April 2024

Cozen O'Connor on

Some jurisdictions consider the ISO-form "bodily injury" definition to be ambiguous as to whether emotional distress requires physical harm to be bodily injury. Many insurers have amended bodily injury to expressly require a...more

Ward and Smith, P.A.

Significant Legislative Changes for North Carolinians Injured in Car Accidents

Ward and Smith, P.A. on

Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Segal McCambridge

Michigan Court of Appeals Expands Unlawful Taking Rule

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Under the Michigan No-Fault Act certain situations will disqualify a person from receiving Personal Injury Protection/Personal Protection Insurance (“PIP”) benefits....more

Searcy Denney Scarola Barnhart & Shipley

What You Need to Know About Florida’s No-Fault Car Insurance Law

Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s...more

Houston Harbaugh, P.C.

Third Circuit: Pennsylvania auto insurers need not obtain new UIM election forms when a new vehicle is added to an existing policy

Houston Harbaugh, P.C. on

On September 29, 2022, the Third Circuit Court of Appeals held, as a matter of first impression, the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) only requires auto insurers to seek elections of...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court reaffirms invalidation of regular-use exclusion to preclude UIM coverage

Houston Harbaugh, P.C. on

On September 7, 2022, the Superior Court of Pennsylvania held in Jones v. Erie Insurance Exchange that “the regular-use clause of an insurance contract contravenes Section 1731” of the Pennsylvania Motor Vehicle Financial...more

Morris James LLP

You’ve been injured in a car accident. Now what?

Morris James LLP on

It is a sad fact of life that people are injured in car accidents every day on Delaware roads. The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently announced that the number of...more

Michigan Auto Law

Personal Liability and Property Damage auto insurance: What you need to know

Michigan Auto Law on

Personal liability and property damage auto insurance – which is also more commonly known as PLPD – describes the minimum amount of car insurance that a vehicle owner must have in order to comply with the auto insurance...more

Butler Weihmuller Katz Craig LLP

More Than One Collision, But How Many Accidents?

Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both to liability and uninsured/underinsured motorist (“UM”) coverages. ...more

Rumberger | Kirk

The Faults of House Bill 719 Repealing Florida’s No-Fault System

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Florida’s status as a no-fault state may be coming to an end as the legislature sends Senate Bill 54 to the desk of Governor Ron DeSantis. Florida is one of the minority of states that requires motor vehicle owners to carry...more

Ward and Smith, P.A.

Eyes on the Road: What to Do If Injured By a Distracted Driver

Ward and Smith, P.A. on

Driving while multitasking is an accident waiting to happen. Each year, distracted driving kills thousands of people and injures hundreds of thousands more. It's a growing epidemic that led to April being designated...more

Morris James LLP

Car Accident FAQs

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1. When should you hire a lawyer for a car accident? Most car accident victims would benefit from hiring a lawyer. A good personal injury lawyer can explain your legal rights and also give you practical, strategic advice...more

Weber Gallagher Simpson Stapleton Fires &...

Delaware Superior Court Addresses Whether UIM Benefits are Available to Parties that Live in the Same Household but are Unrelated...

On November 20, 2020, the Superior Court of Delaware confirmed that coverage denials that rely on plain policy language outlined in an automobile insurance policy’s Insuring Agreement, as opposed to a policy exclusion, are...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2020

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ADDITIONAL AND NAMED INSUREDS/PRIORITY- Court Rules “C/O” Company In Contract Not An Additional Insured- A construction worker sued Blue Woods Management Group, Inc. alleging that he was injured while working... ...more

Michigan Auto Law

What Happens When My Car Gets Hit While Parked?

Michigan Auto Law on

It can be an unpleasant and confusing situation when your car is hit by another vehicle while parked.  It only makes matters worse  when the at-fault driver  takes off without leaving a note or any contact information., When...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

SUM Endorsement In Commercial Automobile Policy Issued To LLC Deemed To Cover Its Sole Member As “Insured” Alan Tekel was struck by a vehicle.  After Tekel settled with the driver of the vehicle for the full limit of the...more

JUSTICENTER

What Compensation is Due for Your Uber or Lyft Accident?

JUSTICENTER on

According to a University of Chicago and Rice University joint study of traffic accidents in various cities across the country, rideshare services like Uber and Lyft contribute to a two to three percent increase in traffic...more

Michigan Auto Law

Auto Insurance Recommendations For New Michigan No-Fault Law

Michigan Auto Law on

People often ask me “how much car insurance do I need?” Never has this question been more important than now. Michigan drivers now face the biggest changes in auto No-Fault insurance since the No-Fault Act was enacted in...more

Ward and Smith, P.A.

Identifying All Sources of Underinsured Motorist Coverage for Injured Parties in NC Car Accident Cases

Ward and Smith, P.A. on

Underinsured Motorist ("UIM") coverage is an incredibly important source of insurance in car accident cases involving personal injuries. Liability insurance pays claims for someone when they are at-fault for an accident;...more

Searcy Denney Scarola Barnhart & Shipley

Multivehicle Accidents

If you have been involved in a multivehicle car accident, making sure you receive just compensation for your injuries will require a thorough investigation and the ability to navigate the unique insurance issues involved....more

Sheppard Mullin Richter & Hampton LLP

Insurer’s Mistake in Treating Non-Resident Relative as an Insured Under UM Coverage Of Umbrella Policy Did Not Create Coverage by...

Melissa Komorsky v. Farmers Insurance Exchange, et al. — Cal.Rptr.3d –, 2019 WL 1451275 (Cal. Ct. App., March 1, 2019), Second Appellate District Court of Appeal, Case No. B286443. An uninsured motorist struck and killed...more

Ward and Smith, P.A.

Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina

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In 2015, there were over 250,000 reported car accidents in North Carolina. And, unfortunately, statistics suggest that nearly every driver will be involved in at least one car accident in their lifetime. Given these numbers,...more

Pullman & Comley, LLC

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

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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

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