Responsibility and insurance coverage

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• Identify people policies and possible payers

  Find possible policies, obtain the actual documents and distinguish ordinary auto coverage from commercial filings and retained amounts.

  16 questions in Identify people policies and possible payers

  • Whose insurance might apply?
  • Does full coverage tell me what I actually have?
  • How do I obtain and read the declarations and policy?
  • What if the insurance card is expired or the insurer denies coverage?
  • Could a household, employer or umbrella policy matter?
  • Was the person driving permitted, listed, unlisted or specifically excluded?
  • Was the vehicle owned, temporarily substituted, borrowed, rented or insured under a nonowner policy?
  • What if two or more policies may apply in different orders?
  • Could a named-driver exclusion affect PIP or UM/UIM as well as liability?
  • How can I find out how much insurance the other driver has?
  • What if the same insurance company insures both drivers?
  • Could an MCS-90 matter even if the trucking insurer denies ordinary policy coverage?
  • How do self-insurance, a self-insured retention and a deductible affect who handles my claim?
  • What do public carrier insurance filings establish, and what is still missing?
  • Does a freight broker’s $75,000 bond pay my crash injuries?
  • Is this policy for public liability, cargo, the truck itself or an injured employee?

• Understand responsibility and fault disputes

  Understand fault disputes, shared responsibility and how facts, traffic rules and the Driver Handbook fit together.

  10 questions in Understand responsibility and fault disputes

  • Who decides who caused the wreck?
  • Does a police report or ticket settle fault?
  • What if more than one person contributed?
  • Can someone other than the driver be responsible?
  • How do I document a disagreement about what happened?
  • Does lacking a license or insurance settle who caused the wreck or whether another claim exists?
  • Can not wearing a seat belt affect my injury claim if I did not cause the wreck?
  • What if the other driver says a sudden medical episode caused the wreck?
  • What changes if the wreck happened in a parking lot or on private property?
  • How can a lawyer use the Driver Handbook when fault is not clear?

• Make a claim against the other driver

  Open and track a claim against the other driver while keeping coverage and responsibility questions separate.

  4 questions in Make a claim against the other driver

  • How do I open a claim with the other driver’s insurer?
  • What if its customer will not respond?
  • What if it says its driver was not covered?
  • Can I use my own coverage while responsibility is disputed?

• Use collision and property coverage

  Compare collision and comprehensive coverage, deductibles, appraisal and the separate benefits your car may need.

  6 questions in Use collision and property coverage

  • How do I distinguish collision from comprehensive and identify which may apply to this damage?
  • When do I pay a deductible?
  • How might a deductible be recovered later?
  • What can an appraisal process decide and what can it not decide?
  • What if the damaged car was parked rather than being driven?
  • Can using my coverage resolve repairs without deciding the other driver’s legal responsibility?

• Use PIP and medical payments coverage

  Check PIP and MedPay benefits, rejection records and the documentation for qualifying expenses or income loss.

  6 questions in Use PIP and medical payments coverage

  • How do I find out whether PIP or MedPay applies?
  • How are PIP and MedPay different?
  • What expenses or income documentation should I collect?
  • How do I obtain and check the actual PIP rejection record rather than assume no coverage?
  • Does using benefits resolve the injury claim?
  • What if I did not earn wages but regularly performed essential household services?

• Handle uninsured underinsured and unknown drivers

  Explore uninsured, underinsured and unknown-driver claims, including policy identity and the effect of a release.

  7 questions in Handle uninsured underinsured and unknown drivers

  • What if the other driver has no insurance or too little insurance?
  • What if I cannot identify the driver?
  • Which UM or UIM coverage may protect me?
  • What should I check before settling with the other driver?
  • Why might my own UIM claim require additional legal steps?
  • How do I check whether a UM/UIM rejection actually applies to this policy and person?
  • Can I combine or stack coverage from more than one auto policy?

• Understand insurance limits and shared funds

  Understand per-person and accident limits, competing claims, defense costs, higher layers and insurer insolvency.

  11 questions in Understand insurance limits and shared funds

  • What if available insurance will not cover everyone’s losses?
  • How do per-person and per-accident limits differ?
  • What if several vehicles or policies are involved?
  • What happens if an insurer becomes insolvent?
  • Are property-damage limits separate from the bodily-injury limits?
  • What if one crash damages several cars and other property?
  • What minimum auto liability insurance does Texas require?
  • Can defense expenses use up the insurance available to pay injuries?
  • How do primary, excess and umbrella layers attach?
  • Could one commercial limit be shared by injury, property and cleanup claims?
  • What if the trucking company cannot pay its retained layer?