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THE PERSONAL AUTO
POLICY
Insurance for personal
automobiles, like other types of insurance, is
constantly changing. It has to, because the events
that the policy needs to respond to also change. There have been minor
changes to the policy over the past few years.
Most of these changes have been made were the result
of court rulings or in some cases changes in
definitions. The basic coverages have
not changed. Below is an explanation of the
coverages in the Personal Auto Policy.
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Coverage
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The
Personal Auto Policy provides coverage for Liability
and Physical Damage for eligible persons and
vehicles. Specifically, the Personal Auto Policy
coverage sections consist of Part A -Liability
Coverage, Part B - Medical Payments Coverage, Part C
- Uninsured Motorists Coverage and Part D - Coverage
for Damage to Your Auto. Each coverage part has its
own insuring agreement, exclusions, limit of
liability and other insurance provisions. This
format evolved due to the ISO goal to constantly
clarify the coverage intent of its policy forms. In
this case, a longer policy is a necessary evil since
the pre-Personal Auto Policy form style of having
key provisions apply to several coverage parts
became increasingly vulnerable to
misinterpretations. The latest edition of the PAP is
more complex as it appears to be striving for more
clarity by adding wording to several exclusions and
definitions. In particular, this applies to the
exclusions for coverage to sound reproducing
equipment and the definition for newly acquired
autos. |
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Part A - Liability
pays damages for bodily injury or property
damage for which the insured becomes legally
liable because of an accident. Besides payment
for bodily injury and property damage, the
policy also considers damages to include
prejudgment interest and defense costs. This
section also provides supplemental protection
including the cost of bail bonds, loss of
earnings and other reasonable expenses. The maximum
daily coverage for loss of earnings was
substantially increased and now it is a more
realistic coverage supplement. Part A excludes
coverage for intentional acts, damage to
property owned or controlled by the insured,
bodily injury occurring in the course of work
and several other situations. |
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Part B - Medical Payments
Coverage pays for
reasonable expenses incurred for necessary medical
expenses and/or funeral services due to bodily
injury. The BI must involve an insured and be due
to a covered accident. A different definition of
insured applies to this part. Coverage is provided
to an eligible insured as either a vehicle occupant
or as a pedestrian. Coverage under Part B also
extends to passengers in the covered auto. The exclusions are for
losses involving vehicles with less than four
wheels, vehicles used as a residence, a public or
livery conveyance, vehicles owned by or available
for the regular use by any insured. Losses occurring
during employment, while operating a vehicle without
permission, involving an insured's business and
several other situations are also excluded. The
Limit of Liability section explains that the limit
shown in the policy declarations is not affected by
the number of insured persons, claims made, vehicles
and premiums shown in the declarations, as well as
the number of vehicles involved in a given accident.
It also states that duplicate payments will not be
made under the same policy. The duplication wording
is used in several areas of the Personal Auto
Policy. |
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Part C - Uninsured
Motorists Coverage.
This section's insuring agreement promises to pay
for bodily injury suffered by an insured which
arises out of the negligent party's ownership,
operation or maintenance of an uninsured motor
vehicle. This coverage "floats" with family
members in any vehicle in which they are riding.
Some types of damages that are paid from this
coverage are lost wages, medical expenses,
rehabilitation expenses or pain and suffering. |
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Part D - Damage to Your
Auto - - The insuring agreement
states that coverage under this part takes care of
"collision" and "other than collision" damage to any
"covered auto" shown in the declarations. The policy
defines collision as damage caused by your vehicle
being upset (turned over, moved, etc.) or by the
impact with another vehicle or object. Other than "collision" is
defined as damage from falling or flying objects,
fire, theft, explosion, earthquake, windstorm,
vandalism, riots, birds/animals, broken glass, hail,
water or flood. A coverage extension called
Transportation Expenses is available under this
part; it is extended to a non owned car or trailer
which takes the place of a covered auto that's
inoperable because of theft, breakdown or
destruction. The replacement vehicle is covered as a
temporary substitute auto. The policy pays for daily
expenses up to $20, up to a total of $600 caused by
a loss of use of a covered auto due to collision,
other than collision, or the legal liability for
loss of use expenses to the non owned vehicle's
owner. The expense coverage is
available after 48 hours for a theft loss and after
24 hours for any other eligible cause of loss. In
either case, coverage ends when the covered car is
again available or a settlement has been paid.
Exclusions.
No coverage exists for cars used to carry persons or
goods for sale, for damage caused by wear and tear,
freezing, breakdown or road damage to tires. Other
excluded causes of loss include radiation/nuclear
accidents, war, civil upheavals and loss to
electronic entertainment equipment. Certain
exceptions apply to such equipment that's installed
in a certain way or which perform certain functions.
Unfortunately, you're also out of luck if the loss
is caused by confiscation from the government. Damage
To Your Auto are losses to owned camper bodies and
trailers that aren't listed on the declarations, non
owned autos used without permission, awnings,
radar/laser detectors, custom furnishings/equipment
for pickups or vans, non owned vehicles used in
personal auto sales, repairs, storing or parking or
other excluded businesses or vehicles used in races. |
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Part E - Duties after and
accident or loss.
Now that the PAP has explained what it is
responsible for, it is time to tell an insured about
her or his duties. Briefly, an insured must tell the
company details about any accident/loss and
cooperate in the process, including any legal
action. An insured must also be willing to undergo
physical exams, take oaths, give permission to seek
medical and other relevant records, give proof of
loss, make police reports, protect and preserve
property and submit property to inspections and
appraisals.
Eligibility
Generally, the Personal
Auto Policy is designed to cover private passenger
autos which include vans and pickup trucks; but the
latter automobile types must be under 10,000 pounds
gross vehicle weight. Qualifying vehicles must be
owned either individually or jointly. Eligible joint
ownership is restricted to two or more residents or
relatives. The Personal Auto Policy must be endorsed in order to
properly protect the interest of non related
residents who jointly own a vehicle. For more
information,
Rating
Of course, the actual
rating of personal auto insurance depends strictly
upon an individual company. Historically, age,
marital status, location, use of the vehicle,
violations and losses are the areas used to generate
a auto rate. Recently, companies have also
added insurance scoring (which looks at various
factors provided by credit collection agencies) to
determine the likelihood of a auto loss.
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Guild & Landis, Inc.© 2007
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