Part of the common law series |
Tort law |
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(Outline) |
Trespass to the person |
Property torts |
Dignitary torts |
Negligent torts |
Principles of negligence |
Strict and absolute liability |
Nuisance |
Economic torts |
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Defences |
Liability |
Remedies |
Other topics in tort law |
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By jurisdiction |
Other common law areas |
Assigned risk is a government-required method of providing insurance coverage to an individual by compelling insurance companies to service them when such companies would ordinarily not do so due to perceived risk of insuring the individual as a customer. [1]
Within the United States, several state governments have laws compelling insurers to provide automobile insurance and workers' compensation policies to individuals listed in assigned risk pools. [1]
In the United States, a state government, usually the Department of Motor Vehicles, assigns the risky motorists to automobile insurance companies. [2]
High risk drivers are often undesirable to insurance companies, and may not be able to purchase insurance through conventional means. [3] They are considered high-risk because of numerous speeding or other traffic tickets, or a recent history of motor vehicle accidents, or in states that have a point system, accumulation of so many points. The state DMV point system may be different from the insurance companies' point system. [4]
Several states in the U.S. have such assigned risk systems. [5] New York is a typical system. [6] The MVAIC, or Motor Vehicle Accident Indemnity Company, may assign high-risk drivers, and pays for victims of uninsured or underinsured motorists. [7] Uninsured means the driver or owner of a motor vehicle has no insurance at all, while an underinsured person has insurance, but the coverage is insignificant compared to the potential damages accrued from a tort lawsuit. [8] [9]
Vehicle insurance is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury resulting from traffic collisions and against liability that could also arise from incidents in a vehicle. Vehicle insurance may additionally offer financial protection against theft of the vehicle, and against damage to the vehicle sustained from events other than traffic collisions, such as vandalism, weather or natural disasters, and damage sustained by colliding with stationary objects. The specific terms of vehicle insurance vary with legal regulations in each region.
The Progressive Corporation is an American insurance company. In late 2022, Progressive became the largest motor insurance carrier in the U.S. The company was co-founded in 1937 by Jack Green and Joseph M. Lewis, and is headquartered in Mayfield, Ohio. The company insures passenger vehicles, motorcycles, RVs, trailers, boats, PWC, and commercial vehicles. Progressive also provides home, life, pet, and other insurance through select companies. Additionally, Progressive offers auto insurance in Australia.
Defensive driving describes the practice of anticipating dangerous situations, despite adverse conditions or the mistakes of others when operating a motor vehicle. It can be achieved by adhering to general guidelines, such as keeping a two- or three-second gap between the driver's vehicle and the vehicle in front to ensure adequate space to stop. It is a form of training for drivers that goes beyond road rules and the basic mechanics of driving techniques. Defensive driving reduces the risk of collisions and improves road safety.
Underinsured refers to various degrees of being insured for some real risks and uninsured for others, at the same time.
In its broadest sense, no-fault insurance is any type of insurance contract under which the insured party is indemnified by their own insurance company for losses, regardless of the source of the cause of loss. In this sense, it is similar to first-party coverage. The term "no-fault" is most commonly used in the United States, Australia, and Canada when referring to state or provincial automobile insurance laws where a policyholder and their passengers are reimbursed by the policyholder's own insurance company without proof of fault, and are restricted in their right to seek recovery through the civil-justice system for losses caused by other parties. No-fault insurance has the goal of lowering premium costs by avoiding expensive litigation over the causes of the collision, while providing quick payments for injuries or loss of property.
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to their body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
Many countries have adopted a penalty point or demerit point system under which a person’s driving license is revoked or suspended based on the number of points they’ve accumulated over a specific period of time. Points are given for traffic offenses or infringements committed by them in that period. The demerit points schemes of each jurisdiction varies. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement, or after a prescribed number of points have been accumulated.
The Insurance Corporation of British Columbia (ICBC) is a provincial Crown corporation in British Columbia providing vehicle insurance. ICBC was created in 1973 by the NDP government of Premier Dave Barrett.
An uninsured motorist clause is a provision commonly found in United States automobile insurance policies that provides for a driver to receive damages for any injury he or she receives from an uninsured, negligent driver. The owner of the policy pays a premium to the insurance company to include this clause. Although not exclusive, this coverage is typically added to an automobile insurance policy. In the event of a qualifying accident, the insurance company pays the difference between what the uninsured driver can pay and what the injured driver would be entitled to as if the uninsured motorist had proper insurance.
The Motor Insurers' Bureau (MIB) was founded in the UK in 1946 as a private company limited by guarantee and is the mechanism in the UK through which compensation is provided for victims of accidents caused by uninsured and untraced drivers, which is funded by an estimated £30 a year from every insured driver's premiums.
Auto insurance risk selection is the process by which vehicle insurers determine whether or not to insure an individual and what insurance premium to charge. Depending on the jurisdiction, the insurance premium can be either mandated by the government or determined by the insurance company in accordance to a framework of regulations set by the government. Often, the insurer will have more freedom to set the price on physical damage coverages than on mandatory liability coverages.
Collateral Protection Insurance, or CPI, insures property held as collateral for loans made by lending institutions. CPI, also known as force-placed insurance and lender placed insurance, may be classified as single-interest insurance if it protects the interest of the lender, a single party, or as dual-interest insurance coverage if it protects the interest of both the lender and the borrower.
In the United States, an SR-22 is a vehicle liability insurance document required by most state departments of motor vehicles (DMV) offices for "high-risk" insurance policies. An SR-22 is not an insurance policy, but a filing, or an add-on, that is added to a personal automobile liability insurance policy. Not all insurance carriers offer SR-22 filings in all territories. For instance, an insurer may offer traditional base coverage in a particular state but not issue an SR-22 in that state.
A traffic collision, also known as a motor vehicle collision, or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other moving or stationary obstruction, such as a tree, pole or building. Traffic collisions often result in injury, disability, death, and property damage as well as financial costs to both society and the individuals involved. Road transport is statistically the most dangerous situation people deal with on a daily basis, but casualty figures from such incidents attract less media attention than other, less frequent types of tragedy. The commonly used term car accident is increasingly falling out of favor with many government departments and organizations, with the Associated Press style guide recommending caution before using the term. Some collisions are intentional vehicle-ramming attacks, staged crashes, vehicular homicide or vehicular suicide.
Diminished value or diminution in value are the terms generally used to describe the loss in a property's market value after it was damaged in an accident and repaired. Diminished value is most often associated with automobiles but it is applicable to other property of value including real estate or collectibles such as jewelry and artwork. If a property was damaged and repair failed to restore it to its original market value then said property has suffered diminished value.
Accident management is the centralised handling of a motorist’s claim following a road traffic collision or other damages or mishaps that happen to a vehicle while on or off road. It is a cost-effective intermediary service which assists drivers in getting back on the road quickly and in managing the claims process alone. Whilst it is significantly more cost-effective for the innocent motorist, the service costs significantly more as a result - a cost borne by the insurer of the 'at-fault' driver.
Vehicle insurance in the United States is designed to cover the risk of financial liability or the loss of a motor vehicle that the owner may face if their vehicle is involved in a collision that results in property or physical damage. Most states require a motor vehicle owner to carry some minimum level of liability insurance. States that do not require the vehicle owner to carry car insurance include Virginia, where an uninsured motor vehicle fee may be paid to the state, New Hampshire, and Mississippi, which offers vehicle owners the option to post cash bonds. The privileges and immunities clause of Article IV of the U.S. Constitution protects the rights of citizens in each respective state when traveling to another. A motor vehicle owner typically pays insurers a monthly or yearly fee, often called an insurance premium. The insurance premium a motor vehicle owner pays is usually determined by a variety of factors including the type of covered vehicle, marital status, credit score, whether the driver rents or owns a home, the age and gender of any covered drivers, their driving history, and the location where the vehicle is primarily driven and stored. Most insurance companies will increase insurance premium rates based on these factors and offer discounts less frequently.
The Ontario Automobile Policy is a regulation under the Ontario Insurance Act enacted by the Parliament of Ontario to cover financial damages to persons and property after a car crash. All private companies registered to sell auto insurance in Ontario, are required to use the OAP for their private car insurance policy. The OAP is the legal contract that connects an Ontario driver with every Ontario based insurance company.
Vehicle insurance in France is an compensation-based insurance policy for terrestrial motor vehicles that are insured in France and circulate on French territory, as well as in the European Economic Area and the Green Card zone.
In 1930, the UK Government introduced a law that required every person who used a vehicle on the road to have at least third-party personal injury insurance. Today, this law is contained in the Road Traffic Act 1988. Section 143 of that Act requires that motorists be insured against liability for injuries to others and for damage to other persons' property, resulting from use of a vehicle on a public road or in other public places.