Auto Insurance – Common Issues
In “fault” states, the threshold question, of course, is whose fault was the accident. Insurers commonly become embroiled in disagreements over who went through the stop sign, or was speeding, distracted, or driving over the center divide.
Issues can also arise over:
- Whether a driver was a “permissive user” of the automobile.
- Whether the car was being operated for an excluded (e.g. “commercial”) purpose.
- Whether the first party (the insured) or a third party (the other driver(s)) property damage, bodily injury, medical, future medical, wage loss or other damage assessments are reasonable.
- Whether the amount of the liability, under-insured motorist, uninsured motorist or other insurance limits in place are adequate, and if not, who is responsible.
- Whether any material misstatements or misrepresentations were made by the insured on the policy application, and if so, to what effect.