Auto Insurance Policy Exclusions
Most car owners assume that their auto insurance policy provides wider coverage than it actually does. Unless you have purchased comprehensive coverage for your car, there may be several situations under which you have no coverage. You can find auto insurance coverage exclusions to your coverage in your insurance policy. Automobile insurance policies typically exclude certain injuries and damages from coverage. Exclusions listed in the auto policy must not be inconsistent with the requirements of the Motor Vehicle Financial Responsibility Act and other legislative or Division of Insurance regulation of coverage. Coverage may be excluded where the injured person sustains injury as a result of his own, intentional act, or where the injured person is operating a motor vehicle as a converter without a good faith belief that he is legally entitled to operate or use the vehicle. Coverage may also be excluded where an insurer is authorized to cancel or refuse to renew coverage for one or more, but less than all of a policy’s named insureds. Other common exclusions of liability coverage for bodily injury include liability assumed by the insured under contract, obligations under workers’-compensation law, injuries to an insured or resident relative of an insured, and injuries arising out of the use of the insured vehicle when it is rented to others or being repaired, serviced, or used by a person in the car business.
What is a Household Exclusion?
Auto insurance companies often try to limit their risk by precluding certain classes of persons from the scope of coverage under the policy. For example, automobile insurance carriers commonly seek to preclude family members from recovering damages against an insured under the insured’s liability coverage. Also, even though a family member may, under tort law, be “legally entitled to recover” from a named insured on an auto policy so as to invoke uninsured or underinsured motorist coverage, the policies will often preclude that family member from being an “insured” so as to block the benefits of the UM or UIM coverage. Such preclusion applies even to friends in some cases and is most recognizable in the policies in the form of the “family exclusion” or the “household exclusion.” The household exclusion will commonly exclude claims of persons residing in the same household and who are related by blood, marriage or adoption, an exclusion that would not apply to same sex co-habitants under current law. Application of the household exclusion does not trigger uninsured-motorist coverage. If UM coverage were available, the household exclusion would be rendered ineffective because a resident relative of the insured could always turn to UM coverage. A related exclusion, the “living with” or “residence” exclusion has been held to be ambiguous and to require actual intent to dwell or reside with another person, on a permanent basis and for the foreseeable future, to exclude uninsured-motorist coverage.
What is a Named Driver Exclusion
Another related exclusion, the “named insured exclusion,” which excludes liability coverage for bodily-injury claims of a named insured under that insured’s policy when the injury is caused by another insured under the same policy. A named-driver exclusion permits an insurer to exclude from coverage those drivers whose records would otherwise render the policy subject to cancellation, nonrenewal, or a significant increase in premiums. Such exclusions are by statute consistent with public policy, to prevent an entire family being denied coverage because usual family policies cover all family members. As a practical matter, there will be very few “insureds” who are not members of the Named Insured’s household, and permissive insureds are more likely to be tortfeasors than tort claimants against named insureds.
Other Types of Exclusions
An insurer may exclude coverage for one or more, but less than all of the persons insured under a particular policy—because of claim experience or driving records, in which case “the policy may provide that the insurer shall not be liable for damages, losses, or claims arising out of this operation or use of the insured motor vehicle, whether or not such operation or use was with the express or implied permission of a person insured under the policy.” The exclusion may be invoked to preclude coverage for any coverage under an automobile policy, including uninsured and underinsured motorist coverage. When a specified driver is excluded by endorsement, the exclusion is broad enough to exclude coverage for vehicle owner who is sued under a negligent-entrustment theory for permitting that excluded driver to use his vehicle.
How an Attorney Can Help with Personal Injury Claim
If your auto insurance company denied your personal injury claim, you may be able to file a lawsuit to obtain the compensation necessary to pay for your medical treatment and expenses. At the law offices of Suarez & Montero Car Accident Lawyers, an attorney can review your policy and the written reason for your denial to ensure that you have a valid claim. After a car accident, it is incredibly important for you to contact a Florida car accident attorney. The Law Offices of Suarez & Montero represents accident victims injured in various types of accidents. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:
• Distracted Driving Accident Lawyers
•Drunk Driving Accidents
• T-Bone Car Accidents
• Road Rage Car Accidents
• Head-on Collisions
• Rollover Accidents
• Rear-end Car Accidents
• Left Turn Accidents
• Failure to Yield Car Accidents
• Sideswipe Accidents
• Merging Accidents
• Lane Change Accidents
• Construction Zone Car Accidents
• Truck Accidents
• Semi-Truck Accidents
• Bicycle Accidents
• Train Accidents
• Pedestrian Accidents
• Boating Accidents
