Physical injuries requiring varying degrees of medical attention that range from the superficial to the extensive are a common consequence of motor vehicle accidents. Medical payments provisions have been included in auto insurance policies in order to provide insured persons and occupants of covered vehicles reimbursement of payments made in obtaining such medical treatment after an accident.
The mandatory nature of motor vehicle insurance in the United States means that the system under which cars and trucks are insured involves a three-part relationship among the vehicle owner or operator, the insurer, and the government of the state where the car or truck is located. The heart of the auto insurance business relationship, though, is the policy of insurance, a bilateral contract under which the insurer agrees to provide the requested insurance coverage on a vehicle and pay valid claims and the insured agrees that he or she will in return pay the premiums due under the policy. When an insured fails to make timely payment of the premiums or fails to pay them at all, the insurer's ultimate recourse is to cancel the policy for nonpayment of premiums.
Without trucks products could not get to the neighborhood store. But traveling the roadways with the artichokes and widgets are shipments of hazardous cargo, like flammable liquids, biomedical waste, and radioactive materials. When a truck containing molasses overturns on a highway, the resulting cleanup can be sticky. When a truck containing dynamite overturns on a highway, the cleanup is very risky.
An insurance company has a duty to fully investigate an insured's claim for benefits before denying it. A thorough investigation and fair evaluation of an insured's claim requires an insurance company to examine the insured's proof of loss statement and supporting documents. Further, the insurance company cannot ignore evidence that is available to it which supports the claim. That is, the insurance company cannot focus only on the facts that would justify its denial of the claim.
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.