Hazards Covered
The PAP covers damages that the
insured is legally obligated to pay to other (third) parties. In a certain
states, an injured person is often entitled to policy benefits, regardless of
whether or not the vehicle operator was at fault. This is mandated by statutes
known as no-fault laws. These laws are discussed later in this topic.
Insurance coverage is for the
ownership, maintenance, or use of the automobile designated in the policy. The
basic policy also includes the following coverages:
- Other
Drivers and Interests
- Non-owned
Car
- Temporary
Substitute Automobile
- Newly
Acquired Automobiles
- Trailers
- Loading
and Unloading
OTHER DRIVERS AND INTERESTS
The policy covers accidents arising out of the operation of the
automobile by the named insured, resident spouse and
family members, or by any other person who reasonably believes that he or she
is entitled to use the vehicle. The PAP protects any member of an insured
household who uses a covered car, assuming that the driver has the named
insured’s permission. The PAP also liberally covers an insured’s spouse. In the
event that a named insured and his or her spouse become legally separated, the
spouse who leaves the household remains covered for 90 days or until that
person’s coverage is handled by another policy, whichever occurs first.
The policy also covers any person or organization legally
responsible for the use of the described automobile. It is important to note
that the coverage is not really for the employer, but rather coverage for the
named insured’s legal liability that is related to the use of the vehicle.
Depending upon the loss circumstances, after paying a claim, the insurer may be
in a position to pursue an insured’s employer for reimbursement.
The personal automobile policy excludes a person or organization,
including its agents or employees that operate an automobile repair shop,
public garage, sales agency, service station, or public parking place. An
exception is made when such an excluded person is a resident of the named
insured’s household, or for any partner, agent, or employee of such resident
while using a covered automobile.
NON-OWNED CAR
Coverage
The policy will cover the insured, his or her spouse, and resident
relatives while driving any other automobile (with certain limitations).
Similarly, the policy will cover persons or organizations legally responsible
for the insured’s use of any other automobile, except one that is owned or
hired by the applicable person or organization.
Non-owned car coverage provided by the policy responds as excess
insurance over any other insurance covering the borrowed automobile itself.
Exclusions
The personal automobile policy isn’t intended to cover automobiles
that are furnished or available for an insured’s regular use. The policy
specifically excludes any other automobile owned by the insured or a member of
his or her household because such automobiles should have their own insurance
coverage. An exclusion exists for any automobile other than a temporary
substitute automobile (discussed later in the topic) owned by or furnished for
regular use to the insured or a member of his or her household other than a
domestic servant.
The policy also excludes all automobiles used in the insured’s
business or occupation other than private passenger vehicles. Finally, no
coverage is available for any accident arising out of the operation of an
automobile repair shop, public garage, sales agency, service station, or public
parking place (these situations should be covered by a commercial auto policy).
Extended Non-Owned Coverage
The policy may be endorsed to cover the insured’s liability while
driving a non-owned automobile that is furnished for his or her regular use,
e.g., a company vehicle.
TEMPORARY SUBSTITUTE AUTOMOBILE
If the automobile described in the policy is unavailable while it
is being repaired or serviced, or during a period when it has been lost or
wrecked, the policy covers the use of any other automobile that acts as a
substitute, provided the insured does not own the automobile. No notice of the
substitution is required and no additional premium is charged.
NEWLY ACQUIRED AUTOMOBILE
If the automobile described in the policy is traded for a
different one, the newly acquired vehicle is automatically covered without
notice to the company. If the insured or insured’s spouse acquires a new car in
addition to the one described in the policy, similar automatic coverage is
extended to the new automobile. However, the extension applies only if the
company insures all of the automobiles that are owned by the insured on the
date of delivery of the new automobile. Also, the insured must notify the
company within a given number of days. Thirty-days’ notice is typical for
liability coverage, but shorter notice is likely when physical damage coverage
is involved. No automatic coverage would extend, however, if the insured’s
spouse who owns a car insured in another company were to acquire an additional
automobile.