There are many different types of policy you can buy when insuring your vehicle. Because of the rapidly rising cost of the premiums, many more people are driving either underinsured or uninsured. It’s therefore wise to add the relevant coverage. In most clauses you can expect to see a promise to pay the damages for bodily injury or property damage which a covered person can recover from whoever owns or drives an uninsured motor vehicle. For these purposes, a “covered person” is you, a family member or anyone else inside your vehicle when the accident occurs. If you have the right to sue the owner or driver of the other vehicle, your own insurance company will pay the damages you recover (assuming that owner or driver does not have the money to pay you in full). The key consideration is the limit on the amount you can recover. All insurers put a limit on liability. This is usually a maximum and a provision to prevent you from being paid twice. So, if there’s another possible claim you could make under a workers’ compensation law or something similar, you must use that remedy first and only claim the additional amount from your own insurer.

Many people think the maximum limits on uninsured and other policies are inadequate and so buy an umbrella policy. As in the case of rain, this tops up their personal coverage. This is a two-way street. It can be a financial life-saver if your policy limits will force you to use your own savings to pay some of your medical expenses. Equally, it will protect your assets if a court orders you to pay damages exceeding your conventional policy limits to a person you injured.

This brings us to a new case in Texas where Sandra Gervais Laine sued Farmers. The facts are simple. Ms Laine was driving her mother home when a drunken, uninsured driver crashed into her car and killed her mother. She had an uninsured policy limited to $250,000 and an umbrella policy adding $1 million. A jury awarded Ms Laine damages of $175,000 for the wrongful death claim and exemplary damages of $1.5 million for causing the death of her mother while drunk. You might think this looks good for Farmers making a total payment of $1.25 million. Except that, under Texas law, there’s a fixed legal principle. An insured cannot recover from his or her own insurance company the exemplary damages awarded against another driver. So the most Ms Laine could recover was $175,000. The moral of this case is a hard truth. Everyone is assumed to know the law. So even if you read and understand the terms in the different policies offered through the auto insurance quotes, you can still be caught out because you do not know the law of your own state.

For most people, it’s not economic to take legal advice on all the different policies before deciding which to buy. Even if you could afford it, just how much of the law of insurance are you supposed to learn before you can make an informed decision? This leaves you with little real choice. When you receive the auto insurance quotes, read as much as you can. If there’s anything looking important you do not understand, ask the insurance company what it means. Before you sign up, the companies are always helpful. Get as much as you can clear before you sign. It’s usually too late to ask when a claim is being made.

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