| Arbitration for Motor Vehicle Insurance Disputes |
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| Arbitration (which is sometimes referred to as a type of Alternative Dispute Resolution, or ADR) is a procedure in which the parties to a dispute, for example, parties who disagree about some aspect of a motor vehicle insurance policy, voluntarily submit the issues they are unable to agree upon to the judgment of one or more disinterested persons, called arbitrators, and agree to abide by the judgment of the arbitrators, which is called an award. One significant thing to note about arbitration is that it takes place outside the court system and so can be conducted less formally and with less expense than a traditional judicial proceeding. More... |
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| "Escape Clauses" in Automobile Insurance Policies |
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| An automobile insurance policy may have a provision for "other insurance." When more than one insurance policy provides coverage for a loss, the "other insurance" clause can limit an insurance company's liability by defining the priority in which the policy should pay an insured's claim. There are three types of "other insurance" clauses: (1) pro rata; (2) excess; and (3) escape. More... |
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| Contingency Fee Arrangements in Auto Accident Cases |
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| When a person, who is injured in an automobile accident, needs an attorney to file a lawsuit against those who caused the person's injuries, the attorney's fees could prevent the injured person from proceeding. Most injured persons cannot afford to pay an attorney's hourly fee to bring a lawsuit to recover damages that could include medical expenses, lost wages, pain, future medical needs, and other expenses. To make litigation affordable for an injured person, attorneys in automobile accident cases do not charge an hourly rate or a fixed amount for legal fees. Instead, the attorney and injured person agree that the attorney's fee will be determined by the amount of the settlement awarded to the client. This is called a contingency fee arrangement. More... |
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| Tort Liability for Highway Maintenance |
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| The massive collapse of an interstate highway bridge in Minnesota in 2007 has served as a stark reminder of the problems created by the aging infrastructure in the United States. Numerous less dramatic examples of the consequences of failure to properly maintain and repair highways and associated structures such as bridges and tunnels have led to the bringing of legal actions claiming damages for deaths, personal injuries, or property damage caused by such occurrences. Such actions can involve both governmental units and contractors who perform highway repair and maintenance work on behalf of those governmental units. More... |
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| Insurance Coverage for Motorcycles |
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| Whether it is warmer weather or increased fuel costs, more motorcycles are evident on America's roads and highways. There is a greater danger involved in riding a motorcycle than in driving a car. As a result, insurance companies treat motorcycles and their riders differently than automobiles and their passengers. Such treatment does not violate the constitutional right of equal protection under the law. More... |
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