• Phone: 301-251-1811
  • Fax: 301-251-1882
  • Email Us

John C. Monahan

204 Monroe Street, Suite 105 Rockville MD 20850-4444 U.S.A. View Map

Auto Accidents

Overview of Underinsured/Uninsured Motorist Coverage
Because a substantial number of owners and operators of cars and trucks in the United States fail to maintain adequate insurance coverage or operate their vehicles without any insurance coverage at all, many motor vehicle insurance policies contain provisions for underinsured motorist coverage, sometimes abbreviated UIM, or uninsured motorist coverage, sometimes abbreviated UM. The intent of such provisions is to give persons insured under auto insurance policies and innocent third persons some of the insurance protection they would have enjoyed if the underinsured or uninsured motorist with whom they are involved in an accident had maintained adequate insurance coverage on an uninsured or underinsured vehicle. More...
Drunk Driving Exclusion in Automobile Insurance Policies
Drunk driving or driving while under the influence of alcohol or a controlled substance is illegal. Public policy does not permit a criminal to profit from a criminal act. Commonly, insurance companies include a clause in their automobile insurance policies that prohibit an insured from receiving damages for bodily injuries or death that occurred in an automobile accident caused by drunk driving. A drunk driving exclusion can be a separate clause in the policy or drunk driving could be excluded under the policy's crime exclusion. More...
Automobile Insurance Policies: Refusals to Insure
An automobile insurance company has the right to choose whom it will insure. If an applicant for automobile insurance is deemed to be a bad risk, the insurance company can refuse to issue an insurance policy. Ordinarily, the insurance company does not have to give the applicant a reason for refusing to insure him or her. However, insurance companies must act in good faith in their dealings with insureds and applicants. Although an insurance company can refuse to insure someone, they cannot refuse to insure a person for an improper reason. The same applies to the cancellation of an insurance policy. More...
Underinsured/Uninsured Motorists' Consent to Settle
Underinsured motorist and uninsured motorist provisions in many auto insurance policies contain clauses that exclude coverage if the insured, without the consent of the insurer, makes a settlement with or obtains a judgment against an uninsured or underinsured motorist who is liable for the damages caused by an accident. These clauses, which are called consent to settle, consent to settlement, or consent to action clauses, are included in the policy because the interests of an insured, who may hope to obtain a quick settlement with an uninsured or underinsured motorist and may be less concerned about the size of the settlement, often differ from the interests of his or her insurer, which hopes to recover from the liable party every possible dollar of the amounts it is required to pay out under its policy. More...
Effect of Recall Campaigns on Automotive Products Liability Cases
The basic elements of proof that a plaintiff has to establish in a products liability action against a manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was used for its intended purpose and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the damage or loss for which the plaintiff seeks to recover damages. Vehicle defects for purposes of establishing liability in such a case include shortcomings in the design of a vehicle, errors in the manufacture of its component parts or in their assembly into a complete car or truck, and failure to warn the purchaser or operator of risks inherent in the use and operation of the vehicle. Safety-related recall campaigns covering a vehicle involved in such an action can have an effect on the outcome of the dispute between the parties. More...

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. John C. Monahan website is powered by LexisNexis® Martindale-Hubbell®. || Sitemap