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Common Situation 3 – Driver & Non-Family Passenger

Common Insurance Situations in Mass Auto Accidents

Common Situation 3
Driver (D), the sole owner, has one passenger in his vehicle. Passenger (P), not a resident of D’s household, owns several vehicles. The car goes off the road due to the negligence of D. This is a one-car accident. What coverages are available to P?

Answer to Common Situation 3
As in the prior hypotheticals, the passenger is entitled to Part 5 optional bodily injury coverage. Because the passenger is a guest occupant, there is no resort to Part 1 bodily injury coverage.

As for underinsurance coverage, the passenger is injured while occupying a non-owned motor vehicle. He/she will look to the highest limit on any one policy on his/her household. Keep in mind that the “offset” or “trigger” operates in this context as it does in all underinsurance contexts and therefore, he/she is only entitled to those underinsured dollars, which exceed the bodily injury coverage.

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