Search Site
Common Insurance Situations in Mass Auto Accidents
Common Situation 4
Danny is driving Doris’ auto. Danny hits child victim who is riding on a bicycle. Danny is negligent. Danny owns his own car. Danny and Doris live in separate households. What coverages are available to the child?
Answer to Common Situation 4
Bodily injury coverage on Doris’ vehicle is the primary bodily injury coverage. There is “excess” bodily injury coverage on cars in Danny’s household. For excess bodily injury, always bear in mind the language in the standard Massachusetts Auto Insurance Policy from Part 5, which states:
“If someone covered under this Part is using an auto that he or she does not own at the time of the accident, the owner’s auto insurance must pay its limits before we pay. Then, we will pay, up to the limits shown on your coverage selection page, for any damages not covered by that insurance.”
This form of “stacking” or “layering” of insurance coverages is still permitted even though there is no “stacking” in the uninsured/underinsured context.
However, in this context, you must be aware of something called the regular use exclusion. Assuming that Danny does not regularly drive Doris’ auto, that exclusion will not apply and there can indeed be “stacking” or “layering” of bodily injury coverages.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0Colleen Santora is the kind of attorney you want in your corner. She is incredibly attentive, sharp, and thorough, but what really sets her apart is that she gets things done. When you have Colleen representing you, you know your case is not going t...
-
5.0/5.0
Colleen was amazing. I appreciated her professional expertise and her dedication to helping me get a fair settlement. I am so glad she was my attorney and I highly recommend her.
-
5.0/5.0
My lawyer at this firm was Colleen, she is amazing! Everything was explained to me from the beginning, timeframe was awesome. She is a very knowledgeable lawyer. I would recommend this Law Firm.
-
5.0/5.0
I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...
-
5.0/5.0
Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...
Choose a location to review
Feinberg & Alban PC Law office locations:
Awards & Affiliations
Contact us
