Coverage Flashcards
No Fault Threshold
P must show there has been a death, permanent & serious disfigurement, or serious impairment of a body function arising out of the operation of a motor vehicle
Determining if P suffered serious injury
Question of law to be decided by the court if it finds:
- no factual dispute exists concerning the nature and extent of P’s injuries or
- any factual dispute concerning the nature and extent of P’s injuries is not material to determining whether the injury is “serious”
FIrst Party Claim
Driver and his insurer claim arising out of contract
Third Party Claim
Driver and the other driver based on tort
Minimum Coverage
Under No-Fault Act, minimum 250k coverage per person, 500k per accident, and 10k for property damages
Minimum Coverage for taxi/limo/uber
taxi- 300k
limo/uber- 1 million
Drivers of uber/lyft required to maintain 50k per person, 100k per incident and 25k for property damage
Property Damage Coverage
minitort provision allows small claim up to 3k for damage not covered, more than 50% at fault is a bar
intentional harm to property
failure to secured insurance
liability for damage to lawfully parked vehicles
Damages unavailable if driven w/o insurance
SOL is 1 year
Motorcycles
Not required to purchase no fault insurance
public highway- personal liability insurance
Off-road recreation- no insurance
Parked Vehicles
Not compensable where the vehicle parked in such a way to cause unreasonable risk of injury, injury was a direct result of physical contact, or the injury occurred from operating, entering, alighting from vehicle