The Auto Insurance Contract

Due to the nature of the business, and the reputation it has earned, auto insurance is generally viewed as a field that is trying to dupe you. However, some of this is a general uninterested view of the actual auto insurance contract itself that leads some to believing it is something that it is not. Consider a few facts of your auto insurance contract below and get ahead of the auto insurance “game”.

An auto insurance contract is what is generally referred to as a contract of adhesion. What this means is that the contract is written by the seller and agreed upon by the buyer with an “as is” or “take it or leave it” agreement. This adhesive nature leads to any ambiguities in the contract being read by the law in the favor of the insured, not the insurance company.

An auto insurance contract is an aleatory contract, meaning that the contract is valid even if unequal values are exchanged or one party benefits more than the other. For instance, an insurance policy could be called into action a month after being signed, meaning the insured has only paid one premium and the insurance company may have to pay thousands.

An auto insurance contract is a conditional contract in that the insured must pay their premiums, file a claim, participate in an unplanned insured event, and the insured product must be insurable. In other words, the insured must meet these conditions and the contract is enforced.

An auto insurance contract is one of the utmost good faith in that both parties must act in good faith to fulfill the contract

An auto insurance contract is what is referred to as a contract of indemnity. Indemnity is the entire meaning of insurance altogether, indemnity meaning that the insurance company promises to make whole the insured that suffers the loss.

An auto insurance contract will hold all of the above and if you don’t sign you don’t have the insurance. To put it lightly, be prepared to make the above agreements and you will have auto insurance!