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.

Violation of Traffic Laws as Proof of Negligence

In an automobile accident action against a driver for damages suffered in a car collision, the driver's violation of a traffic law can be evidence of his or her negligence. The law calls negligence based upon the violation of a specific requirement of law "negligence per se." Negligence per se means that as a matter of law negligence existed. While the violation of a traffic law is negligence as a matter of law, the violation does not mean that the driver is liable unless the negligence was the proximate cause of the plaintiff's injury. Negligence is ordinarily a question for a jury. It only becomes a question of law when a court determines that only one conclusion can reasonably be drawn from the evidence. If the violation of the traffic law is treated as negligence per se, the question of negligence will not be given to the jury.

Underinsured/Uninsured Motorists Mandatory Coverage

Requirements for providing or offering underinsured motorist coverage and uninsured motorist coverage are not uniform. In some states, it is mandatory for insurers to provide a specified amount of underinsured motorist and uninsured motorist coverage; the amounts that are specified may coincide with the minimum required liability insurance coverage in the state. In other states, insurers are merely required to make such coverage available to the purchasers of auto insurance policies. In yet other states, the subject of underinsured motorist and uninsured motorist coverage is considered to be a voluntary matter between the insurer and the insured.

Role of Auto Accident Reconstruction Experts

Automobile accidents can be very messy. In order to determine what led to an accident, an automobile accident reconstruction expert can be employed. The expert will try to determine the most probable reason for the accident. Automobile accident reconstruction experts use information from the accident scene, witnesses, the damaged vehicles, and other sources to make conclusions about how the accident happened and, sometimes, why it happened. The expert can be called to testify at a trial on his or her conclusions in an effort to help the jury.

Underinsured/Uninsured Motorists Stacking Provisions

Underinsured motorist coverage, sometimes abbreviated UIM, and uninsured motorist coverage, sometimes abbreviated UM, are included in motor vehicle insurance policies as a consequence of the fact that many owners and operators of cars and trucks either do not maintain adequate insurance coverage on their vehicles or operate those vehicles without any insurance coverage at all.