Many of these unusual — search for other pockets — claims in US motor vehicle accident injury litigation exist because the limits of
any applicable vehicle liability policy are low, assuming there is liability insurance at all.
Not exact matches
(2) The following benefits are deemed to be included in the motor
vehicle liability policy and are
applicable to an insured person in respect of the motor
vehicle liability policy:
Prior to the Directives the Green Card System provided for «insurers of
vehicles in participating states to issue Green Cards guaranteeing compensation to victims of motor accidents caused by the driving of such
vehicles abroad... in conformity with legal and regulatory provisions
applicable in the country of accident relating to
liability, compensation of injured parties and compulsory insurance».
Even when a
vehicle or
vehicle component has been designed and manufactured in strict compliance with current industry standards and
applicable regulations, the
vehicle may still be found defective in a personal - injury or wrongful - death products -
liability action if it is determined to contain a defect in its design, manufacture, or warnings that renders it unreasonably dangerous for consumers» use.
This (subject to terms and conditions of coverage) means a motor
vehicle without
liability insurance or a motor
vehicle not otherwise in compliance with the state's minimum financial responsibility requirements or other
applicable requirements under another state's law.
As
applicable in all other US States, it is mandatory for individual California car drivers, transporters, car rental companies and car dealerships to possess car insurance («
Liability» insurance in particular), for the
vehicles owned or operated by them.
An «uninsured motor
vehicle,» as described in subdivision (3) of this subsection, includes an «underinsured highway
vehicle,» which means a highway
vehicle with respect to the ownership, maintenance, or use of which, the sum of the limits of
liability under all bodily injury
liability bonds and insurance policies
applicable at the time of the accident is less than the
applicable limits of underinsured motorist coverage for the
vehicle involved in the accident and insured under the owner's policy.
Notwithstanding the provisions of this subsection, no policy of motor
vehicle liability insurance
applicable solely to commercial motor
vehicles as defined in G.S. 20 - 4.01 (3d) or
applicable solely to fleet
vehicles shall be required to provide underinsured motorist coverage.
(l) A party injured by an uninsured motor
vehicle covered under a policy in amounts less than those set forth in G.S. 20 - 279.5, may execute a contractual covenant not to enforce against the owner, operator, or maintainer of the uninsured
vehicle any judgment that exceeds the
liability policy limits, as consideration for payment of any
applicable policy limits by the insurer where judgment exceeds the policy limits.
(4) The named insured's underinsured motorist bodily injury coverage limits, if
applicable, shall be equal to the highest limits of bodily injury
liability coverage for any one
vehicle insured under the policy unless the insured elects to purchase greater or lesser limits for underinsured motorist bodily injury coverage.
Furthermore, if a claimant is an insured under the underinsured motorist coverage on separate or additional policies, the limit of underinsured motorist coverage
applicable to the claimant is the difference between the amount paid to the claimant under the exhausted
liability policy or policies and the total limits of the claimant's underinsured motorist coverages as determined by combining the highest limit available under each policy; provided that this sentence shall apply only to insurance on nonfleet private passenger motor
vehicles as described in G.S. 58-40-15 (9) and (10).
For purposes of an underinsured motorist claim asserted by a person injured in an accident where more than one person is injured, a highway
vehicle will also be an «underinsured highway
vehicle» if the total amount actually paid to that person under all bodily injury
liability bonds and insurance policies
applicable at the time of the accident is less than the
applicable limits of underinsured motorist coverage for the
vehicle involved in the accident and insured under the owner's policy.
In any event, the limit of underinsured motorist coverage
applicable to any claim is determined to be the difference between the amount paid to the claimant under the exhausted
liability policy or policies and the limit of underinsured motorist coverage
applicable to the motor
vehicle involved in the accident.
Notwithstanding the provisions of this subsection, no policy of motor
vehicle liability insurance
applicable solely to commercial motor
vehicles as defined in G.S. 20 - 4.01 (3d) or
applicable solely to fleet
vehicles shall be required to provide uninsured motorist coverage.
Under Delaware's SB 61, an underinsured car is defined as a
vehicle «for which there may be bodily injury
liability coverage in effect, but the limits of bodily injury
liability coverage...
applicable at the time of the accident are less than the damages sustained by the insured.»
If the principal operator of a motor
vehicle has successfully completed an acceptable accident prevention course, then the insurer of such motor
vehicle shall, for a period of three years following completion of the course, reduce the
liability premium of the insured by no less than 10 percent of the insurer's
liability base rate in the rating territory
applicable to such motor
vehicle.
Reduction in premiums for motor
vehicle liability, first - party medical, and collision coverages for certain named drivers (a) For each personal or family - type policy of private passenger motor
vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer a reduction of not less than 10 percent in premiums for motor
vehicle liability, first - party medical, and collision coverages to the policyholder if all named drivers, as listed or who should be listed on the policy application or provided in information subsequent to such application, of each motor
vehicle covered by such policy satisfy the requirements of subsection (b) or subsection (c), as
applicable, of this Code section.