Auto Accidents Newsletters

Disclosure Obligations and Motor Vehicle Insurance Policies

Automobile insurance policies may have a clause that requires an insured to disclosure information to his or her insurance company that would allow the insurance company to determine if there is a valid defense to a claim against the insured. This disclosure obligation, which could be part of an insurance policy's cooperation and assistance provision, requires the insured to make a truthful disclosure of all information reasonably requested by the insurance company.

Expert Witnesses in Automotive Products Liability Cases

A plaintiff in a products liability action against the manufacturer or seller of a motor vehicle is generally required to prove that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was put to its intended use and that the defect caused the loss for which the plaintiff is seeking to recover damages. The types of alleged vehicle defects that may be made the subject of an automotive products liability action include shortcomings in the design of the vehicle, mistakes made in the manufacture of its parts or in their assembly into a completed car or truck, and failure to warn the purchaser or operator of the vehicle about dangers inherent in its use and operation. Because products liability actions involve complex technical issues of science and engineering, expert witnesses are normally made use of by both sides in trying to either prove a case of liability or establish a defense.

Failure to Warn Issues in Automotive Products Liability Cases

The essential elements of proof that a plaintiff has to establish in a products liability action against a manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Claims of vehicle defect can include allegations of inadequacies in the design of a motor vehicle, errors in the manner in which its parts were manufactured and assembled into a complete car or truck, or failure to warn the purchaser or user of the vehicle of some risk inherent in its use.

Insurer's Duty to Fully Investigate an Insured's Claim

An insurance company has a duty to fully investigate an insured's claim for benefits before denying it. A thorough investigation and fair evaluation of an insured's claim requires an insurance company to examine the insured's proof of loss statement and supporting documents. Further, the insurance company cannot ignore evidence that is available to it which supports the claim. That is, the insurance company cannot focus only on the facts that would justify its denial of the claim.

Mediation of Coverage Disputes: Uninsured and Underinsured Motorist Insurance

Mediation is a form of alternative dispute resolution that can be used by an insurance company and an insured to settle a dispute between themselves regarding uninsured or underinsured motorist coverage as well as other disputes. The alternative to mediation would be a lawsuit. In mediation, a third person, who has experience with insurance disputes, meets with the insurance company and the insured to try to work out a solution on which both parties can agree.