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Shapiro & Appleton

In Trailer/Towed Vehicle Accidental Injury Cases, The Separate Insurance on the Trailer Behind The Vehicle May Provide Further Insurance Coverage

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My colleague, Rick Shapiro wrote an interesting article about finding additional insurance coverage in personal injury accidents where one car or truck is pulling a trailer (whether a large trailer, or one carrying a boat, ATV, or equipment).  Most court decisions have ruled that if there is separate insurance on a trailer, its insurance may apply even if no part of the trailer was damaged in the wreck.  Here is an excerpt:

Our personal injury lawyers have handled cases over many years involving accidents where a car or truck operated by a careless driver also had a trailer behind it towing an ATV, boat, or other equipment.  Also, our clients have actually been in their own car or truck and had their own trailer when they were in an accident caused by a negligent driver of another car or truck. The question a personal injury lawyer must investigate is exactly how many possible insurance sources apply to provide full compensation for a client who suffers personal injury or a wrongful death, especially if a trailer was involved.

Underinsured motorist coverage applies to add additional insurance when the liability insurance of the careless driver is inadequate, but each state has its own rules on how it applies in addition to liability coverage available from the “at fault” driver.

Also, referring to insurance that applies when a trailer is involved in an accident:

The same federal appeals court has applied the towed vehicle rule (a towed vehicle is a “used” vehicle, for purposes of a personal injury accident) in South Carolina (SC) and Virginia (VA) and it likely applies in North Carolina (NC) and West Virginia (WV).

Click
here for the full article about out of control trailers in car accidents.

 

 

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