Auto Accidents Newsletters

Impact of Riders/Endorsements on Auto Insurance Policies

A rider is a paper attached to a document that amends the document. In an automobile insurance policy, a rider can modify the conditions of the insurance policy. It can increase or decrease the policy’s benefits. It can add exclusions from coverage, like a crime exclusion clause. The use of the rider means that the entire policy does not have to be rewritten if a change needs to be made. Riders are also known as endorsements, slips, or rubber stamps.

Settlement Obligations under Automobile Insurance Policies

An automobile insurance policy can contain a clause that requires an insured to obtain the consent of the insurance company before settling a lawsuit with an uninsured motorist. Some states require the consent-to-settle clause by statute. In the absence of a statutory requirement, many courts have upheld consent-to-settle clauses. Those states that do not enforce such clauses often cite public policy. They fear that an insurance company will be able to avoid paying its share of uninsured motorist coverage by failing to consent to a settlement. Other courts find that such clauses can reduce settlements by creating another step for the insured take.

Trailer Exclusions in Auto Insurance

There are all kinds of trailers. There are mobile home trailers, boat-hauling trailers, car hauling trailers, horse trailers, and campers. Some automobile insurance policies exclude all trailers from coverage. Some permit coverage of a trailer only if it is designed for use with a private passenger automobile and is described in the insurance policy. Commercial truck trailers and semi-trailers have their own insurance needs and are beyond the scope of this article.

Underinsured/Uninsured Motorists Exhaustion Requirements

Underinsured motorist and uninsured motorist provisions in auto insurance policies often contain language stating that the underinsured or uninsured motorist coverage will not become available until the policy limits of all insurance policies that are applicable to the accident have been exhausted by the payment of judgments or settlements. Such exhaustion requirements are included in the policy because of the substitute or supplemental nature of the coverage and the understandable desire of the insurer to assure that all other available coverage has been applied before it is obligated to pay benefits under the underinsured or uninsured motorist provisions of the policy.

Uninsured Motorists Insurance and Government Vehicles

After an automobile collision, many things can affect whether or not an injured person can recover his or her damages from the owner or driver of the vehicle that negligently caused his or her injuries. Among those factors is whether the vehicle was owned by a governmental entity, like a city or state. Often, governmental entities have immunity from suit by injured persons. In those cases, an injured person may seek to obtain insurance benefits under his or her insurance’s uninsured motorist provision. Because the injured person is unable to sue the governmental entity, the vehicle may be considered uninsured for purposes of the insurance policy.