The ubiquitous taxicab is a fixture in the more densely populated areas of the United States. The sheer numbers of such vehicles, and the intensive nature of the manner in which they operate, create types and volumes of risks that implicate numerous issues in the area of auto insurance and the insurance coverage afforded in incidents involving such vehicles.
The basic elements of proof that a plaintiff in a products liability action against the manufacturer or seller of a car or truck has to establish are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was used for its intended purpose and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss for which the plaintiff is seeking to recover damages. Allegations of product defect in automotive products liability cases include inadequacies in vehicle design, errors in the manufacture of vehicle parts and their assembly into a completed car or truck, and failure to warn users of a vehicle about dangers inherent in its use.
State legislatures have authorized motorist insurance companies to exclude coverage, including uninsured motorist coverage, for any damages from an intentional act in their policies. Public policy prohibits insurance coverage for intentional acts because a person should pay for his or her intentional injury to another person. Further, the courts have held that injuries caused by an intentional act are not caused by "accident."
The costs incidental to motor vehicle accidents, thefts of cars and trucks, and similar vehicle-related occurrences in the United States are immense. In addition to the human costs, consisting of some 40,000 fatalities and hundreds of thousands of injuries annually, the yearly economic cost of such incidents is extremely high. The understandable governmental response to this situation has been the widespread enactment of legislative provisions which, in an attempt to assure that at least some reimbursement is made available to persons who suffer injuries from vehicle-related causes, make it compulsory for the owners and operators of motor vehicles to acquire and maintain insurance on their vehicles in order to be allowed to operate those vehicles on the public streets and highways.
The system of motor vehicle insurance in the United States is based on the ever-changing risk and loss experience of insurers, which in turn is created by the way in which individual drivers operate their cars and trucks on an everyday basis.
