Law Offices of McDonnell & Kent, Inc.
The system of motor vehicle insurance in the United States is based on the ever-changing risk and loss experience of insurers, which in turn is created by the way in which individual drivers operate their cars and trucks on an everyday basis.
State legislatures have authorized motorist insurance companies to exclude coverage, including uninsured motorist coverage, for any damages from an intentional act in their policies. Public policy prohibits insurance coverage for intentional acts because a person should pay for his or her intentional injury to another person. Further, the courts have held that injuries caused by an intentional act are not caused by "accident."
When an automobile accident occurs, there can be many causes. Some causes can make a car distributor or manufacturer liable for the injuries and damages in an automobile accident case. For instance, a manufacturer can be liable for damages caused by its failure to exercise reasonable care in the design of an automobile.
While the popular impression of the flammability of motor vehicles may be exaggerated due to such things as the manner in which they are portrayed on television and in the movies, cars and trucks do contain flammable materials, and they obtain their motive power through the use of flammable fuel. As a result they occasionally catch fire, causing damage to themselves and to objects around them. Fire coverage under policies of motor vehicle insurance has been devised in order to reimburse vehicle owners for the loss and damage sustained in such incidents.
If a motor vehicle driver had permission to use an insured vehicle and has an accident, the vehicle owner's automobile insurance policy may provide coverage. The permission had to be given by a named insured on the policy. The permission could be either express or implied. The permission had to exist at the time of the accident.