Compulsory Auto Insurance Coverage

The costs incidental to motor vehicle accidents, thefts of cars and trucks, and similar vehicle-related occurrences in the United States are immense. In addition to the human costs, consisting of some 40,000 fatalities and hundreds of thousands of injuries annually, the yearly economic cost of such incidents is extremely high. The understandable governmental response to this situation has been the widespread enactment of legislative provisions which, in an attempt to assure that at least some reimbursement is made available to persons who suffer injuries from vehicle-related causes, make it compulsory for the owners and operators of motor vehicles to acquire and maintain insurance on their vehicles in order to be allowed to operate those vehicles on the public streets and highways.

Auto Coverage for Mass Transit Vehicles

Mass transit vehicles such as buses play an important role in carrying out the necessary activity of enabling the residents of the United States to conduct their public and private business. The sheer volume of human activity involved in mass transit operations, and the number and types of vehicles employed in mass transit around the country, create numerous issues related to the motor vehicle insurance aspects of the mass transit business.

Assigned Risk Coverage

State assigned risk plans basically operate by creating a pool made up of those drivers who would otherwise not be able to obtain necessary insurance coverage and apportioning the responsibility for providing coverage on the members of that pool among the insurers who write motor vehicle policies in the state. As a consequence of the unique and higher-risk nature of the assigned risk business, state laws covering assigned risk plans often contain detailed provisions concerning application for, participation in, and termination of assigned risk coverage.

Proof of Loss Obligations

When an insured has suffered a loss and wants to prove coverage under an automobile insurance policy, the insured must show the issuance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and notice and proof of loss to the insurance company. The proof of loss must give the insurance company adequate data from which it can determine its liability under the policy. The proof of loss must be in writing and set forth the injuries or damage sustained. A valuation of the loss should also be provided.

Setoff Provisions in No-fault Insurance Policies

When an insured files a lawsuit against an insurance company, the insurance company can file a counter claim against the insured to reduce the amount of the insured's claim by an amount that the insurance company claims that the insured owes to it. The amount owed can be unpaid premiums or funds received by the insured from other sources that would exceed the amount of the insured's loss. This is called a setoff, an offset provision, or a benefit-set off provision. In the case of no-fault insurance, setoffs exist for a number of benefits that an insured could obtain due to an automobile accident.