More Than One Collision, But How Many Accidents?

• Published date: 26 August 2021
• Law Firm: Butler Weihmuller Katz Craig LLP
• Author: Mr Matthew J. Lavisky

Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both to liability and uninsured/underinsured motorist ("UM") coverages. Insurance policies often contain language providing that the applicable coverage limit is the most the insurer will pay in any one accident regardless of the number of vehicles involved.

This seems simple enough but "few insurance policy terms have 'provoked more controversy in litigation than the word 'accident.'"¹ This is unsurprising since determining the number of accidents will determine the amount of coverage available under the insurance policy. Counting the number of impacts or collisions does not answer the question because "a single accident may involve more than one impact or collision."²

In the context of liability coverage, the majority rule is that:

Collisions with multiple vehicles constitute one occurrence when the collisions are nearly simultaneous or separated by a very short period of time and the insured does not maintain or regain control over his or her vehicle between collisions. When collisions between multiple...