Elements of Auto Insurance Contracts

Before signing an auto insurance contract, we are involved in understanding some basic terms related to the car insurance policy.The phrase "your covered auto" also applies to several other particular circumstances.

Usually, physical damage coverage will apply to newly acquired vehicles (whether additional or replacement vehicles) only if you request the coverage within 30 days of the acquisition. However, liability coverage for a replacement vehicle is automatically provided until the end of the policy period.

The liberalization clause states that if the insurance company makes a change to its policy form which provides broader coverage without a premium charge (for example, if it drops a policy exclusion), that change will automatically apply to your policy on the date the change goes into effect in the insured’s state. This simply eliminates the need of the insurance company to endorse all existing policies when coverage is expanded without a change in premium.

Cancellation is an important issue. In most states, the reasons for which an insurance company is permitted to cancel a policy are limited—if the policy has been in effect for at least 60 days or is a renewal policy.

The general agreement is a very brief statement. It means simply that all of the remaining provisions of the contract (the policy terms) apply. The reason that the general agreement is so brief is that each coverage section contains a much more detailed insuring agreement.

Exclusions involve some of the most heated—and most often litigated—disputes over insurance language.Some exclusions exist simply to remove coverage for above-average risk factors which are not anticipated in average rates and premiums, and that the coverage is often available for an additional charge.

This is the case with respect to audio, visual and data equipment and the tapes, records, and other media used with such equipment. The basic policy form excludes coverage because these are items of value which have an above-average exposure to theft losses (they are easily removed and are often targets for thieves).

On the other hand, some people want specific drivers excluded from coverage. These special exclusions have become increasingly common in recent years.

Liability is probably the most important kind of automobile insurance. It covers moneys owed when one automobile driver causes bodily injury to another person or damage to another person’s property.

Injury or damage suffered by a driver who causes an accident is not a matter of legal liability. Being liable means being legally responsible for damages suffered by a third party (someone other than the driver or owner of the vehicle).

If a driver who causes injury or damage suffered by another person can be shown to be at fault, that driver may be held liable for the accident.

In other words, if one driver is liable for an accident, then the other party may be entitled to compensation for injuries or damage or both. Compensation may be in the form of money paid to the injured party for tangible damages (such as a medical bill or the cost to repair a damaged vehicle) and/or money paid for intangible damages (such as pain and suffering).