Europe car accident

[gerard2006]

Jurisdiction

New York

Folks - this is a very general question. I was talking to an umbrella policy company and asked if they cover auto liability worldwide and they said they do but filing has to be in the US. I asked why a European car accident would have its trial in the US if it's locals there involved and the agent said often these trials move to the US. Is there any accuracy in that statement?

Thanks

 

[army judge]

Sorry, the responders on this site know a little about US laws.
They know LESS, as in ALMOST NOTHING about laws outside of the USA.

 

[cbg]

.

 

[Zigner]

Folks - this is a very general question. I was talking to an umbrella policy company and asked if they cover auto liability worldwide and they said they do but filing has to be in the US. I asked why a European car accident would have its trial in the US if it's locals there involved and the agent said often these trials move to the US. Is there any accuracy in that statement?

Thanks

It really doesn't matter whether it's an accurate statement. The insurance company you were talking to was explaining their policy.

 

[adjusterjack]

I was talking to an umbrella policy company and asked if they cover auto liability worldwide and they said they do but filing has to be in the US. I asked why a European car accident would have its trial in the US if it's locals there involved and the agent said often these trials move to the US.

Is there any accuracy in that statement?

No, there isn't. The agent is clueless.

This is from a standard personal umbrella policy:

"This policy applies to an "occurrence" or offense which takes place anywhere in the world."

There is nothing in the policy that limits where a lawsuit may occur. Though, if you live in the US, you are likely going to be sued in the US. But it is possible that you can be sued in another country and the insurance company will be obligated to handle it there.

Wherever you plan on buying an umbrella policy, as for a sample of the policy booklet so you can read it before buying.

 

[zddoodah]

I was talking to an umbrella policy company and asked if they cover auto liability worldwide and they said they do but filing has to be in the US.

I'm assuming you don't have more info than this, but what does "the filing" mean? I assume it refers to litigation, but maybe not.

I asked why a European car accident would have its trial in the US if it's locals there involved and the agent said often these trials move to the US. Is there any accuracy in that statement?

Define "often" and "move."

As the first response noted, none of us know anything about the legal system in any of the nearly 50 sovereign nations in Europe. However, it is not possible for a trial to "move" from any European country to the United States.

As a general matter, a court in the U.S. would not have jurisdiction over a lawsuit arising out of an auto accident that occurred in Europe unless one or more defendants is a citizen or resident of the U.S. For example, an auto accident that occurred in Albania and which involved residents of the UK and Albania would not be properly filed in any U.S. court. However, an Andorran could sue in Tennessee if he/she alleged that a resident of Tennessee caused an auto accident that occurred in Andorra.

There is also a doctrine called forum non conveniens that might cause a U.S. court to decline to hear a case over which it otherwise has jurisdiction.

In any event, a particular umbrella policy could, in theory, exclude coverage for liability based on jurisdiction or the location of litigation. You'd have to read the policy to know for sure.

 

[gerard2006]

Got it - I took your advice and obtained a policy contract and thankfully found an insurer that seems like they cover liability worldwide

Can somebody help me validate what Coverage B means - does it mean to say that the policy will cover me in the the underinsured person's country? So if I have an accident in Albania where the other underinsured driver is at fault, my insurance will cover my healthcare costs, etc in Albania correct? Secondly, can somebody explain the last bullet no.3 right at the bottom in layman's terms? Thanks

POLICY TERRITORY
Coverage A- Bodily Injury, Personal Injury, and Property Damage Liability. 1. This insurance applies to a loss anywhere in the world.
MUP 0001-NY (03/21) Page 3 of 13
Coverage B- Excess Uninsured and Underinsured Motorists Bodily Injury Insurance.
1. Applies to loss which is sustained during the policy period within the policy territory defined in the uninsured motorists insurance (including underinsured motorists) of the automobile liability primary insurer listed in the Umbrella Schedule


DEFENSE AND SETTLEMENT
Coverage A- Bodily Injury, Personal Injury, and Property Damage Liability.

1. If a claim is made or a suit is brought against a covered person for damages because of a loss to which this insurance applies:

1. At our discretion, we may investigate any loss and settle any claim or suit. We have a duty to provide a defense at our expense by counsel of our choice unless the loss is covered by your primary insurance or other insurance.
   
   
2. When we have a duty to defend, we will defend a covered person against any such claim or suit even if the allegations are groundless, false, or fraudulent.
   
   
3. We have the right but not the duty to join, at our expense, with the covered person or any primary insurer in the investigation, defense, or settlement of any claim or suit which we believe may require a payment under this policy. When we have no duty to provide a defense, we will not contribute to costs and expenses incurred by the covered person or any primary insurer, or which any primary insurer is obligated to provide.
   

 

[adjusterjack]

Coverage B- Excess Uninsured and Underinsured Motorists Bodily Injury Insurance.
1. Applies to loss which is sustained during the policy period within the policy territory defined in the uninsured motorists insurance (including underinsured motorists) of the automobile liability primary insurer listed in the Umbrella Schedule

Read that carefully and you'll see that you will have to determine the UM/UIM coverage of the primary policy to know what will be covered by the umbrella policy.

 

[gerard2006]

Well it's $50 additional on the Umbrella for $1m UIM coverage so it won't exactly follow the primary policy correct? Thanks

 

[adjusterjack]

Assume nothing.

Read the primary policy.