I am often stopped and asked questions about motor vehicle insurance coverages. The following questions are commonly asked. Let me share my responses.
Question:
If my child causes injury to someone else while driving my car, am I responsible for that person’s injuries?
Answer:
Most often, no. If your child is licensed to operate a motor vehicle and you have given him or her permission then he or she is the one who is legally responsible for any injury to another. Unless you personally were somehow involved in the accident, then you cannot be held responsible for your child’s negligence. This would apply to anyone who lends a car to a friend, neighbor, associate or other person. The only real exception would be if you lent your car to someone who you either knew, or had reason to know, was not capable of safe driving. Then you would be considered negligent and therefore responsible under the theory of “negligent entrustment.” For example, if you lent your car to somebody who you knew was intoxicated, you would be on the hook.
Question:
I have underinsured insurance coverage on both my motorcycle and my automobile. If I am injured while riding my motorcycle by another person who is at fault, am I able to recover damages under both underinsured policies?
Answer:
Most often, no. You clearly cannot recover if you waived “stacked” coverage on your motorcycle policy. However, even if you had chosen stacked coverage on your motorcycle policy you still may not be covered under your auto policy due to a little known exclusionary clause contained in most auto policies. This language usually prohibits you from making a claim if you are driving another family vehicle if it was written on a separate policy. Unfortunately for you, most companies write separate policies for motorcycles and autos. Therefore you lose despite the fact that you are likely paying an extra premium to have stacked coverage.
Question:
My wife and I are covered under the same auto insurance policy, I chose limited tort and waived underinsurance motorist coverage. I am the only one who signed these waivers. If my wife or another family member is in an accident are they stuck by the waivers I signed?
Answer:
Yes. The only thing that counts is whether you (as the first named insured) signed the waiver forms. Assuming that you did, then all your family members are bound by your decision. I have a question. Why did she ever marry you?
Question:
I have a motorcycle but am unsure whether I can recover medical expense benefits under my policy if I am injured? Am I automatically covered like I am under my auto policy?
Answer:
Not necessarily. In Pennsylvania anyone who owns an automobile must carry a minimum of $5,000.00 to cover the costs of their own medical bills. (Usually after that, your healthcare carrier will pick up the bills). However, if you own a motorcycle, there is no requirement that an insurance company provide you with any medical coverage. Many companies don’t offer the coverage and don’t bother to explain that you are not covered. You had better be careful to check your motorcycle policy language. If there is no first party medical coverage, then look around to find a motorcycle insurance carrier who does provide such medical coverage.
Please feel free to corner me at a BVSA meeting; send me an email or call concerning any consumer oriented insurance questions. It is very important for you to have knowledge of your rights before something bad happens and it is too late.
Peter J. Hart, Esquire
