Grenadier, Anderson, Simpson & Duffett, P.C., lawyers in Alexandria, VA, Virginia

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.More...

Failure to Warn Issues in Automotive Products Liability Cases

The essential elements of proof that a plaintiff has to establish in a products liability action against a manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Claims of vehicle defect can include allegations of inadequacies in the design of a motor vehicle, errors in the manner in which its parts were manufactured and assembled into a complete car or truck, or failure to warn the purchaser or user of the vehicle of some risk inherent in its use.More...

Setoffs and Uninsured Motorist Insurance Policies

Some state statutes allow uninsured motorist insurance companies to setoff amounts that an insured received from workers compensation, Social Security, and settlements with a liability insurance company. Therefore, if an insured were injured in a car accident while driving in the course of his or her employment, the insurance company could offset the uninsured motorist benefits in the full amount of the insured's workers compensation judgment. More...

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. More...

Subrogation in Underinsured/Uninsured Motorist Cases

When an insurer pays a benefit under a policy provision for underinsured motorist coverage or uninsured motorist coverage, it is in effect paying a debt owed by the underinsured or uninsured driver, the person who is actually liable for the damages arising as a result of the event that led to the insurer having to make the payment. An insurer who makes such payments has a right, the right of subrogation, by which it is permitted to take legal action against the underinsured or uninsured motorist in an attempt to recover as much as possible of the amount the insurer has paid out. The insurer's subrogation right will only have value, as a practical matter, to the extent that the underinsured or uninsured driver has assets that can be seized by legal process to satisfy the judgment that the insurer obtains against the underinsured or uninsured driver in its subrogation action.More...