Does a public transportation company have a no fault clause in their insurance policy? 12 Answers as of April 01, 2013

I slipped and fell at a public transportation station. Does the company have a no fault clause in their insurance policy?

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Durham Jones & Pinegar | Erven Nelson
That should not concern you. Make a demand on the correct entity and on its insurance carrier. If they won't cooperate, file a lawsuit.
Answer Applies to: Nevada
Replied: 4/1/2013
Shean Law
Shean Law | John Shean
You should ask the public transportation station for the name of their insurance company. Contact the company and make a claim for medical payments coverage - if they have it. If you want to file a liability claim you have 180 days from the date of the accident to file a Tort Claim Notice if the station is owned by a governmental entity.
Answer Applies to: Indiana
Replied: 2/25/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
One would have to see the policy to answer a question about a clause in the policy. If the transportation company is telling you this, it would be necessary to see the communications they are providing you to make an informed answer to this question.
Answer Applies to: California
Replied: 2/25/2013
Robert Kubler | Robert Kubler
Well some public transportation companies are self-insured. If you have an injury file a tort claim with the public agency.
Answer Applies to: California
Replied: 2/25/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Question doesnt make a lot of sense. If the public transport is owned by the city it may be immune from liability unless it buys insurance for such an instance. Further more you dont get anything because you fall. You have to prove you fell because of the negligence of the company and none of your own.
Answer Applies to: North Carolina
Replied: 2/25/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    In Michigan, yes.
    Answer Applies to: Michigan
    Replied: 2/25/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Public entity does not have a no fault clause, however, they do have additional immunities as compared to non public entities. Also, keep in mind that you must file a notice of claim w/I 180 days of the incident pursuant to Government Code 910, which has some very general information that you must provide and if you don't do that you are prevented from pursuing them further. Trap for the unwary!
    Answer Applies to: California
    Replied: 2/25/2013
    John Russo | John Russo
    Is this a state operated entity? If it is a private transportation company then there is no such thing, but if it is a state operated entity then there could be an immunity clause in the state charter , not the insurance policy.
    Answer Applies to: Rhode Island
    Replied: 2/25/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    The term, "no fault" comes from car insurance laws which basically say that everybody has to take care of their own injuries and damages in a regular negligence situation. The real question which you are asking is whether the transportation station can get out of owing you for getting hurt on their property by having some sort of insurance policy that limits its damages. Theres a couple of problems with the question. First, it presumes the transportation station is at fault. Just because you get hurt on someone's property doesnt necessarily mean they are liable. You have to prove they were negligent. Secondly, your question ignores 11th amendment issues. The 11th amendment to the Constitution says you can't sue the state or any of its branches. This public transportation company may be protected by the 11th Amendment. OK, ignoring these first two issues and presuming that the station is liable and you can get around 11th amendment issues, the answer is that the station cannot contract with another party to limit or take away your right to sue. And since the state of Alabama is not a no fault state, there would be no such clause in the insurance policy. Odds are that you are in a situation where the station is probably not liable, but they have property insurance. Does that mean you are out in the cold? No. The policy probably has a medical payments provision that will pay medical bills only for someone hurt on their property regardless of fault.
    Answer Applies to: Alabama
    Replied: 2/25/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    That is very doubtful as Ohio is not a no-fault state. However, there are a myriad of statutes that protect public entities and restrict the damages that can be awarded against it. If the transportation company does have an insurance policy (it can also be self-insured), then its policy may have medical payments coverage that will pay medical bills for anyone injured on its premises, regardless of fault. That is in all likelihood as close you as are going to come to no-fault liability insurance.
    Answer Applies to: Ohio
    Replied: 2/25/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Not really a question relating to insurance coverage . But the rules of negligence, You need to speak directly with a lawyer about this . As to certain types of liability may be different with regard to a "public" or government run company .
    Answer Applies to: Illinois
    Replied: 2/25/2013
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