Search Site
Menu

Auto Insurance Coverage for Unexpected Situations: Occupying and Using a Car

Automobile insurance policies are intended to protect drivers and passengers from harm in the event of an accident or injury caused by the use or operation of an automobile. As a recent case of the Virginia Court of Appeals shows, the extent of the coverage provided by your Virginia automobile policy may be broader than you think, especially when it involves activities unrelated to driving.

United Services Automobile Association v. Bruce A. Estep

For example, in the case of United Services Automobile Association v. Bruce A. Estep, Mr. Estep was injured by a luggage cart while loading his car in a hotel parking lot. Estep sought medical benefits from United Services Automobile Association (USAA), but USAA claimed that Estep’s policy did not cover his injuries.

The key issue was whether Estep’s injuries “arose out of the ownership, maintenance, or use of a motor vehicle” and whether he was “in or upon, entering, or alighting from’ the vehicle when he was struck.” The court found that there was a causal relationship between the accident and the use of the vehicle as a vehicle, as transporting luggage is a valid and expected use of a vehicle, and one cannot transport the baggage without first packing the vehicle.

The court also found that Estep was “occupying” his car under his USAA policy when he was injured by the rolling luggage cart, as his actions of loading his car with luggage and his plans to promptly leave the hotel were related to his occupancy of the car, and his physical presence halfway inside his car was sufficient enough to trigger coverage under his policy language. Thus, USAA was liable and awarded Estep $30,000 in medical benefits.

Scope of Auto Insurance Coverage: Non-Driving Uses of a Motor Vehicle

This case highlights the fact that your auto policy may extend coverage to events you may not consider.  Many accidents can occur while using a motor vehicle beyond mere driving. These activities may include loading and unloading items, performing maintenance or repairs, resting or sleeping in the vehicle, utilizing the vehicle as a source of power for tools or equipment, or using the vehicle for storage purposes. Such scenarios present a gray area in defining the scope of coverage provided by an auto insurance policy. It is not uncommon for disputes to arise between policyholders and their insurance companies concerning the interpretation of policy language, leading to disagreements over claims and requiring the intervention of an experienced attorney.

The moral of the story, if you are injured in any way involving an automobile, you will be well-served to contact us at Curcio Law as we are experienced personal injury lawyers and deal with automobile insurance policies daily.

OUR RESULTS
  • "$2,000,000.00 Auto Pedestrian Hit by Car / Brain Injury"

  • "$2,000,000.00 Pedestrian Hit By Bus / Broken Foot, Surgery Complications & Partial Choroidal Detachment"

  • "$2,000,000.00 Wrongful Death Settlement"

  • "$1,900,000.00 Pedestrian Hit By Truck / Fractured Pelvis & Multiple Surgeries"

  • "$1,500,000.00 Auto Accident / Wrongful Death"

  • "$1,200,000.00 Auto Accident / Broken Neck, Punctured Lung"

  • "$847,500.00 Dangerous Dog Bite / Facial Injury, Scarring"

  • "$600,000.00 Tractor Trailer Crash / Neck Injury, requiring surgery"

  • "$595,000.00 (Jury Verdict) Auto Accident / Broken Foot"

  • "$546,905.00 Auto Accident / Neck injury, Herniated Disc"

Meet Our Attorneys
Our Awards & Memberships
  • Best Personal injury lawyers in Alexandria
  • NTL-40-under-40
Client Reviews
  • google
    5.0/5.0

    I recently got hit by a drunk driver and had severe pain in my back so I contacted Curcio Law and had Justin as my attorney. Justin was a great attorney he guided me through the process and resolved my case in a matter of time. Justin updated me mult...

    Read more

    Benhanan Hadgu

  • google
    5.0/5.0

    Justin Curcio helped my father with a John vs Doe accident. He was always available and always answered our questions in depth and extensively. He made it very obvious that he really cares for his clients and always wants what’s best for them and a...

    Read more

    Begum Kucuk

  • google
    5.0/5.0

    I am so grateful that Tom Curico was my lawyer in a recent injury case. His persistence & due diligence went well above my expectations leaving me with a settlement I was not expecting. His attention to detail and thoroughness made the best outcome...

    Read more

    MICHELE SNODDY

  • google
    5.0/5.0

    The Curcio Law Firm (particularly Tom Curcio and Justin Curcio) did an excellent job of representing me in my personal injury case. I was severely injured in a car/bike accident. They are smart, experienced in personal injury matters, easy to work wi...

    Read more

    milton whitfield

  • google
    5.0/5.0

    Don’t look twice in your search in Virginia for an attorney. I did a few google searches for a lawyer after I got rear ended by 2 cars and suffered injuries. Other firms weren’t as responsive or were more focused on gloating about their credentia...

    Read more

    Kevin Hernandez

See all reviews
Contact us

Quick Contact Form