Abusive language during automobile accident

10 things that you need to know about you genera car insurance

Assault is a threat of immediate bodily violence that creates a reasonable fear that the threat will be carried out. Abusive language, such as is occasionally exchanged following an automobile accident, does not constitute an assault unless it creates this fear. “Battery” is the actual infliction of violence upon a person. Both assault and battery are torts for which the assailant may be held liable for damages, and, as we have seen, in the absence of some restrictive statement in the contract, they might be covered under automobile liability general car insurance if they arose out of the ownership, maintenance, or use of an insured automobile. They are expressly excluded in the FAP under Exclusion (b), Part I, as “bodily injury or property damage caused intentionally by or at the direction of the insured.” (Assault and battery is, of course, intentional acts.) They do not have to be excluded in the BAP because, unlike the FAP, which is written on an occurrence basis (liability coverage only), the former is written on an accident basis, and no intentional act could be deemed to be an accident.

However, there is a significant difference between the two contracts with respect to the types of risk insured family cars vs. business cars and this has a distinct bearing on the subject of assault and battery. For example, the BAP is extensively used to insure taxis and buses. The owners of these vehicles are common carriers of persons for hire, and consequently they owe the duty of exercising the highest degree of care for the safety of their passengers. Drivers of buses and taxis are in constant contact with fare-paying members of the public and frequently under trying circumstances. When altercations between driver and passenger arise, there is always a possibility that some technical act of assault or battery will result for which the insured owner may be held liable either as a common carrier or as an employer responsible for the acts of his employees). It is obvious, therefore, that the insured owner needs protection against the civil liability arising out of assault and battery committed by his employees, and this protection is granted by the BAP condition which has been quoted above. Of course, if the insured driver of the public automobile is also its owner, it would be counter to public policy to protect him against the consequences of his own criminal acts. And this, too, is provided for in this condition. Need general car insurance?

Automatic Reinstatement with you general car insurance

With respect to liability and medical payments insurance, it is clear from the language of both policies and also from well-established custom that the payment of a loss resulting from one accident or occurrence does not exhaust or reduce the limits of liability available for subsequent accidents during the term of the policy.
However, under forms of property insurance like physical damage coverage, the thing insured is the described automobile, and, once it has been destroyed and the purchased insurance paid out as a loss, it is a question whether any further coverage exists without a reinstatement and the payment of an additional premium. To clarify this point, the BAP contains a condition that.

This provides for automatic reinstatement, provided that it is legitimately deserved. For example, an insured who has had a partial collision loss, for which he was paid, say, $500, light, later on, without ever having had the car repaired, suffer a theft loss and claim the full actual value for an undamaged car. According to the terms of this condition, the insurer, if it could prove that the collision damages had never been repaired, would be entitled to reduce its limit of liability by the $500 paid previously.
The FAP makes no express mention of automatic reinstatement fol¬lowing a loss, but in practice physical damage claims and coverage would probably be handled in the same way as under the BAP. Get general car insurance today! Enter your zip code above and start comparing.

Leave a Reply