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.

Omnibus Clauses in Auto Insurance

An omnibus clause in an automobile liability insurance policy extends coverage under the policy to those using an insured automobile with a named insured's express or implied permission. The clause is also known as an additional insureds clause. State statutes generally require automobile liability insurance companies to provide omnibus clauses in their insurance policies.

Auto Insurance Notice Requirements

Because the business of motor vehicle insurance is a complicated one that may necessitate the transmittal of a great deal of information between the parties to an auto insurance policy, issues related to the duties of an insurer and an insured to give notice to one another of matters affecting the status of a policy or the occurrence of events having significance to policy coverage frequently arise. These issues can include such things as modifications to the policy itself, the status of the insured with respect to his or her premium payment obligations, the occurrence of an event triggering coverage under the policy, or cancellation of the policy by the insurer.

Overview of Underinsured/Uninsured Motorist Coverage

Because a substantial number of owners and operators of cars and trucks in the United States fail to maintain adequate insurance coverage or operate their vehicles without any insurance coverage at all, many motor vehicle insurance policies contain provisions for underinsured motorist coverage, sometimes abbreviated UIM, or uninsured motorist coverage, sometimes abbreviated UM. The intent of such provisions is to give persons insured under auto insurance policies and innocent third persons some of the insurance protection they would have enjoyed if the underinsured or uninsured motorist with whom they are involved in an accident had maintained adequate insurance coverage on an uninsured or underinsured vehicle.

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.