what type of lawyer deals with employee car insurance coverage

Why hire an insurance lawyer?

You've come to the right place. Whether you are an insurance premium holder (who makes payments to an insurance company), or the insurance company who provides the premium for financial protection against certain types of loss, an insurance law lawyer can help.

Does a commercial auto policy cover an employee who is sued?

The standard commercial auto policy provides no coverage for the employees who are sued, even if the accident took place on company time. The intent of the commercial policy is to protect the company (employer) from liability – not the employee.

What does a car insurance dispute attorney do?

A car insurance dispute attorney will review your claim, at no cost or obligation to you, and determine whether you have a valid claim dispute against your insurer. Do I Have the Right Coverage to File a Legitimate Claim?

What is employee’s auto insurance?

The Employee’s Insurance Most personal auto insurance policies will provide protection for vehicles titled to individuals and used for a business purpose. The only exception is “livery” – carrying goods or people for a fee.

How do I fight an insurance company?

If you are not satisfied with your health insurer's review process or decision, call the California Department of Insurance (CDI). You may be able to file a complaint with CDI or another government agency. If your policy is regulated by CDI, you can file a complaint at any time.

How do you scare insurance adjusters?

The best way to scare insurance carriers or adjusters is to have an attorney by your side to fight for you. You should not settle for less.

How do you handle an insurance claim?

How to make a claimStep 1: File a police report. ... Step 2: Document any damage. ... Step 3: Review your coverage. ... Step 4: Contact your insurance company. ... Step 5: Prepare for the insurance adjuster. ... Step 6: Review the settlement offer. ... Step 7: Receive the claim payment and repair the damage.

Can someone sue you for a car accident if you have insurance in Texas?

There are several reasons why a victim might sue you for a car accident, even though you have car insurance. Your insurance provider may deny liability for the car accident. If so, the victim might sue you to seek compensation for damages caused by the car crash.

What happens if you don't agree with insurance adjuster?

The company must grant you this right and assign someone within the insurance company to look at the facts of your case and determine whether the adjuster made a mistake. If an internal review fails to reverse the adjuster's decision, you can file an official complaint against the insurance company.

What should you not say to an auto insurance adjuster?

Never say that you are sorry or admit any kind of fault. Remember that a claims adjuster is looking for reasons to reduce the liability of an insurance company, and any admission of negligence can seriously compromise a claim.

Are insurance adjusters honest?

While some insurance companies may avoid paying what your claim is worth, the majority of claims adjusters in California are honest and respectable insurance experts. Most car insurance companies in California settle claims quickly and fully.

What are unfair claim settlement practices?

The US National Association of Insurance Commissioners classified these unfair claims-settlement practices into four basic categories: 1) misrepresentation of insurance policy provisions; 2) failing to adopt and implement reasonable standards for the prompt investigation of claims; 3) failing to acknowledge or to act ...

Do insurance companies try to get out of paying?

Insurance companies will seek to decrease or eliminate payments for injuries caused by an insured person's actions. After becoming injured, victims of accidents want nothing more than to move on from the traumatizing experience.

Should I get a lawyer for a car accident that was my fault in Texas?

Hiring an attorney after any type of car accident is a good idea, regardless of who was at fault. It may be difficult to prove fault in some accidents when both parties are partially to blame, and an attorney can help navigate complex car accident claims for a party on either side of the table.

How long does an insurance company have to settle a claim in Texas?

How Long Does an Insurance Company Have to Settle a Claim? Texas requires insurance companies to make their final settlements by the end of 5 business days after the approval of the claim.

Is Texas a no fault state for auto accidents?

No, Texas is not a No Fault state. Texas is an at-fault state. This means that the person responsible for the accident is also responsible for paying for damages. Texas' auto laws allow injured accident victims the ability to hold liable parties accountable for the damages they caused.

What to do if your car insurance company denies your claim?

If you believe your insurance company has handled your claim unfairly, contact a car insurance dispute attorney to review your case.

What is collision insurance?

Collision: covering damage to your car from an accident with another car. Comprehensive: covering losses due to flood, fire, or theft. Uninsured Motorist Coverage: applicable when you are hit by an uninsured or hit-and-run driver.

What is medical insurance?

Medical Payments/Personal Injury Protection: applicable to treatment of injuries of the driver and passenger in your own vehicle. Property Damage Liability: covering damage inflicted on another’s property. Collision: covering damage to your car from an accident with another car.

What happens if a car accident is denied?

When a car accident occurs and a claim is denied, it can place a serious financial burden on the policyholder. For these individuals, it is important to understand that the coverage available under their policies and to obtain the assistance of an attorney who can help dispute the insurance company’s actions.

What is commercial auto insurance?

Every business should purchase commercial or business auto insurance to fully cover company-owned vehicles driven by employees for business purposes during working hours. The business is responsible for purchasing commercial auto insurance coverage for all vehicles that have the company name on the title. If a business owner has an employees who occasionally utilizes personal vehicles for company purposes and the company has no commercial auto insurance, the business owner should at minimum secure “hired/non-owned” auto insurance as part of a general business liability policy.

Why do auto insurance companies charge more for commercial coverage?

Due to the higher number of potential drivers and the greater risk diversity, insurers charge more for commercial coverage. On the other hand, the good news is that commercial auto insurance typically offers more coverage than personal policies.

What is a company car?

A company car may be a standard sedan or a pickup truck, work truck, van or any other vehicle owned by the employer but driven on a regular basis by employees. It may be a vehicle that is routinely in possession of one employee, or simply one of many vehicles in a company motor pool that are driven by any number of employees.

Does a business need to have auto insurance?

If a business owner has an employees who occasionally utilizes personal vehicles for company purposes and the company has no commercial auto insurance, the business owner should at minimum secure “hired/non-owned” auto insurance as part of a general business liability policy.

Is the higher cost justified by insurers?

The higher cost is justified by insurers due to the fact that, once the vehicle is commercially insured, any employee of the company is permitted to drive the vehicle (assuming they have company permission) and is covered.

Does private auto insurance cover other vehicles?

A careful reading of your private auto insurance policy on your personal vehicle will likely reveal the fact that coverage does not extend to “other vehicles regularly furnished for your use such as business vehicles.” Many drivers are unaware of this crucial gap in private insurance coverage and wrongly assume that their personal policy will cover accidents that occur in a company-owned vehicle. To ensure full coverage in either scenario, that gap can be filled by purchasing Extended Non-Owned Coverage for specific named individuals who may drive a company car on non-company purposes. This additional coverage, added to your personal auto insurance policy, will protect you from liability if you have an accident in the company car. Many Extended Non-Owned Coverage policies automatically cover the policyholder and spouse. However, to extend coverage to other family members, any person in your household who might at any time have occasion to drive the company-owned car should be also listed as a named driver.

What is the primary coverage for an employee's car?

If an accident occurs while an employee is operating their car on an errand for the employer, the employee’s personal insurance is the primary coverage, and should be looked at to provide protection. Employees should check with their own insurance carriers to be sure ...

What is personal auto insurance?

Most personal auto insurance policies will provide protection for vehicles titled to individuals and used for a business purpose. The only exception is “livery” – carrying goods or people for a fee.

How much does Mary's auto insurance pay for the damage to the car?

Mary’s auto insurance also pays for the damage to the parked car, $10,000. Mary’s insurance will pay her legal expenses and up to $290,000 of the judgment (her $300,000 limit of liability less the $10,000 paid for the damage to the other vehicle) Mary is responsible for the amount of the judgment above her insurance.

What is the liability section of a business auto policy?

The liability section of the Business Auto Policy provides protection for bodily injury and property damage for which the insured company is liable. Under common law, employers are responsible for the actions of their employees.

What is the purpose of business auto insurance?

The intent of the business auto policy is to protect the company (employer) from suit. Most insurers will add “employees as additional insured” for a small extra premium. Remember, the insurance on a particular vehicle is always primary.

Does a business auto policy cover an employee's car?

Most business auto policies include no coverage for damage to an employee’s car. Coverage can be purchased. However, it is generally not worth the extra cost. It also does not change the fact that employee’s coverage is still primary. Even after buying the extra coverage, the business auto policy will only pay if there is no insurance on ...

Do employees have to check their own insurance?

Employees should check with their own insurance carriers to be sure of their coverage. Explain to the agent or insurer the business circumstances in which the vehicle will be used. Full disclosure of business use will prevent coverage problems once a claim occurs. Most insurance companies will not increase premiums for occasional business use.

When does an insurer have to provide a lawyer?

A third important exception to the insurer's duty to provide a lawyer may apply when damages paid out by the insurer meet the policy's coverage limits. In general, once the insurer has paid the policy limits, it has no further duty toward the insured—no duty to pay any further money to resolve claims, and no duty to continue to provide ...

What happens if another driver sues you?

When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you. When you're being accused of causing a car accident, and someone else has filed a personal injury lawsuit against you, your car insurance company will usually hire a lawyer to defend your case in court. Read on for the details.

What happens if an insured fails to give notice of an accident?

If the insured policyholder fails to give the insurer notice of the accident, at least within the time limits specified in the insurance policy, the duty to defend might be voided.

What is intentional act in insurance?

Intentional Act Causing a Car Accident. If the policyholder is accused of having acted intentionally to cause the car accident, that could also void coverage (and therefore nullify the duty to defend). Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions.

What happens if you are injured in a car accident?

Generally, if you were seriously injured and in the hospital, or were otherwise physically and/or mentally incapable of notifying the insurer of the accident, that will qualify as an extenuating circumstance excusing your failure to give proper notice. Don't chance it. If you get into a car accident and you're capable of notifying the insurer, ...

What happens if you don't give your insurance notice of an accident?

If you fail to give your insurer notice of the accident within that time period, and you don't have a good excuse for not contacting an agent, the company may have the right to refuse to provide coverage for the accident. And, by extension, they may refuse to provide you with a lawyer if you get sued over the crash.

Does auto insurance cover intentional actions?

Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions. So, if, for whatever reason, the insured is accused of intentionally causing the car accident, there is a very real chance that the insurer will refuse to provide coverage for the accident and will refuse to provide a lawyer ...

What is the employer's liability for a car accident?

After a serious traffic accident at work, one of the most urgent issues will be determining if the employee driving the vehicle is personally responsible for the accident. Most states have vicarious liability laws that make an employer responsible for the actions of their workers.

What is the responsibility of an employer for an accident?

The employer’s responsibility includes paying for injuries and property damage caused by an employee while driving a company vehicle. In most cases of auto accidents on work time, the employer’s liability coverage indemnifies the employee against lawsuits by third parties. This means the employer’s insurance company protects ...

What is a general liability policy?

A general liability policy protects your employer by paying for damages to third parties caused by all kinds of situations, like a customer slip and fall on company property.

What is workers compensation?

Liability and workers’ compensation are two different types of insurance: Workers’ compensation insurance covers an employee for any work-related injury. This includes injuries sustained in a car accident while in the course of a work-related task. Workers’ compensation benefits cover the injured employee’s medical expenses, out-of-pocket expenses, ...

What is not covered by insurance?

There are situations when a company’s insurance will not cover an employee who causes a car accident during work. 1. Criminal Activity. An exception to employee indemnification applies when the employee is committing a crime while driving a company vehicle.

What is a third party claimant?

Third-party is the term used for individuals or businesses other than you and your employer. If you cause an accident while driving the company car, the occupants of the other car who ask for money are third-party claimants. Accidents happen to the best of drivers. If you’ve been in a car accident during work, it’s normal to be upset and anxious, ...

Can you get a car accident while working?

Having a car accident during work without proper coverage can be disastrous, so think twice before accepting that job. An employer’s commercial policy may cover an employee’s vehicle while the employee is actively working, but not while commuting to and from work.

When to Contact a Lawyer About an Insurance Claim

Should you contact a lawyer to discuss your insurance claim? Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include:

Can a Lawyer Help After Your Insurance Claim is Denied?

If you have to ask that question, it might already be too late, according to Brian Page, an associate attorney at Stewart J. Guss, a law firm specializing in injury accidents.

Is a Lawyer Worth It?

Sometimes, attorneys will take an insurance claim case on contingency. That’s where you don’t pay unless the attorney wins your case. Standard attorney’s fees are usually 33% of the recovered amount if it’s resolved before a lawsuit is filed and 40% once litigation begins.