Part 1: Bodily Injury to Others - Statutory Coverage
Under this part, we will pay damages to people injured or killed by your auto in Massachusetts accidents. The damages we will pay are the amounts the injured person is entitled to collect for bodily injury through a court judgement or settlement. We will pay only if you or someone else using your auto with your consent is legally responsible for the accident. The most we will pay for injuries to one or more personsas a result of bodily injury to any one person in any one accident is $20,000. Subject to this $20,000 limit, the most we will pay for injuries to two or more people as the result of bodily injury to two or more people in any one accident is $40,000. This is the most we will pay as the result of a single accident no matter how many autos or premiums are shown on the Coverage Selections Page.
We will not pay:
1. For injuries to guest occupants of your auto
2. For accidents outside of Massachusetts or in places in Massachusetts where the public has no right of access.
3. For injuries to any employees of the legally responsible person if they are entitled to Massachusetts worker's compensation benefits.
The law provides a special protection for anyone entitled to damages under this Part. We must pay their claims even if false statements were made when applying for this policy or your auto registration. We must also pay even if you or the legally responsible person fails to cooperate with us after the accident. We will, however, be entitled to reimbursement from the person who did not cooperate or who made any false statements.
If a claim is covered by us and also by another company authorized to sell auto insurance in Massachusetts, we will pay only for our proportionate share. If someone covered under this Part is using an auto he or she does not own at the time of the accident, the owner's auto insurance must pay its limits before we pay. Then, we will pay up to the limits shown on your Coverage Selections Page, or for any damages not covered by that insurance.
Part 2: Personal Injury Protection
The benefits under this part are commoly known as "PIP" or "No-Fault" benefits. It makes no difference who is legally responsible for the accident.
We will pay the benefits described below to you and other people injured or killed in auto accidents. For any one accident, we will pay as many people as are injured, but the most we will pay for injuries to any one person is $8,000. This is the most we will pay no matter how many autos or premiums are shown in the Coverage Selections Page.
We will pay three kinds of benefits:
A. Medical Expenses
We will pay all reasonable expenses incurred as result of the accident for necessary medical, surgical, X-ray, and dental services. This includes prosthetic devices. It also includes ambulance, hospital, professional nursing, and funeral services.
B. Lost Wages
If an injured person is out of work because of the accident, we will pay lost wages up to 75%of his accident. or her average weekly gross wage or equivalent for the year ending on the day immediately before the accident. We will not pay for the loss of any other type of income. If the injured person was unemployed at the time of the accident, we will pay up to 75% of the amount he or she actually lost in earning power as a result of the accident.
C. Replacement Services
We will reimburse the injured person for reasonable payments made to anyone outside his or her household for necessary services that he or she would have performed without pay for the benefit of the household, had he or she not been injured.
We will pay PIP benefits to or for:
1. You, or any other person, if injured while occupying your auto with your consent.
2. You, or anyone living in your household, if injured while occupying an auto which does not have Massachusetts Compulsory Insurance or if struck by an auto which does not have Massachusetts Compulsory Insurance or if struck by an auto which does not have Massachusetts Compulsory Insurance.
3. Any pedestrian, including you, if injured by your auto in Massachusetts or any Massachusetts resident who, while a pedestrian, is struck by your auto outside of Massachusetts.
Benefits are paid only for expenses or losses actually incurred within two years after the accident.
If the accident is in Massacchusetts, or if it is outside Massachusetts and the injured person does not sue for damages, we will pay benefits within a reasonable amount of time - usually thirty days. If the accident is outside Massachusetts and the injured person does sue, then we can wait for a settlement or judgement before paying benefits.
Some people have a wage continuation program at work. If so, we will pay them only the difference between the total we would ordinarily pay under this Part and the amount of the program payments. We will, however, reimburse the program if it allows benefits to be converted into cash or additional retirement credit. Sometimes program benefits are reduced or used up because of payments to the person injured in an accident. In that case, we will pay for lost wages resulting from any other illness or injury that person has within one year of our last payment. The exact amount of our payments under this paragraph will be determined by Massachusetts Law.
Some people have a policy of health, sickness, or disibility insurance or a contract or agreement with a group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of expenses. If so, we will pay up to $2000 of medical expenses for any injured person. We will also pay medical expenses in excess of $2000 for such injured person which will not be paid by a medical expense provider. In either case our total payment for medical expenses, lost wages, and replacement services will not exceed $8000.
Within two years after an accident, we may, at our option, pay the cost of renewing or continuing in force a policy of health, sickness, or disability insurance for anyone covered under this part who is unwilling or unable to pay such cost. Our payment will not exceed the cost of renewing or continuing such policy for a period of two years after the accident. Also, our payment will not operate to reduce the benefits otherwise payable under this Part.
We will not pay PIP benefits to or for:
1. Anyone who, at the time of the accident, was operating or occupying a motorcycle or any motor vehicle not subject to motor vehicle registration, or a motorized bicycle, including a moped.
2. Anyone who contributed to his or her injury by operating an auto (a) while under the influence of alcohol, marijuana, or a narcotic drug, (b) while commiting a felony or seeking to avoid arrest by a police officer, or (c) with the specific intent of causing injury to himself, herself, or others.
3. Anyone who is entitled to workers' compensation benefits for the same injury.
When you purchased this Part you were given the choice of either excluding yourself, or yourself and household members , from some or all of the PIP coverage. The portion of each claim you may have agreed not to be covered for is called a "deductible." You paid a smaller premium if you chose a deductible. In that case, we will only pay up to the difference between $8000 and the amount of your deductible. The deductible is shown on the Coverage Selections Page.
If anyone is entitled to PIP benefits and also to benefits under another Part of this policy, we will pay from this Part first.
We will not pay PIP benefits to or for asn injured person, to the extent those benefits would duplicate expenses or losses recovered by that person in a court judgement or settlement.
If anyone covered under this policy is also entitled to PIP benefits from any other auto policy, the total benefits payable will not be more than the highest amount payable under whichever one of the policies would have paid the most. In that case, each insurer will pay only its proportionate share. We will not pay benefits under this Part which duplicate payments made under the No-Fault coverage of any other auto policy.
Part 3. Bodily Injury Caused by an Uninsured Auto
Sometimes an owner or operator of an auto legally responsible for an accident is uninsured. Some accidents involve unidentified hit-and-run autos. Under this Part, we will pay damages for bodily injury to people injured or killled in certain accidents caused by uninsured or hit-and-run autos. we will pay only if the injured person is legally entitled to recover from the owner or operator of the uninsured or hit-and-run auto. We will pay for hit-and-run accidents only if the owner or operator cauing the accident cannot be identified. Sometimes the company insuring the auto responsible for an accident will deny coverage or become insolvent. We consider such an auto to be uninsured for purposes of this Part. However, we do not consider an auto owned by a governmental unit or someone who is legally self-insured to be an uninsured auto.
This Part is Compulsory. You must have limits of $20,000 per person and $40,000 per accident. However, you may want to buy more protection. If so, we must sell you limits up to $35,000 per person and $80,000 per accident, provided you have purchased at least these limits for Part 5. Higher limits may be purchased if agreed upon by you and by us.
We will pay damages to or for:
1. You, while occupying your auto, while occupying an auto you do not own, or if injured as a pedestrian.
2. Any household member, while occupying your auto, while occupying an auto not owned by you, or if injured as a pedestrian. If there are two or more policies which provide coverage at the same limits, we will only pay our proportionate share. We will not pay damages to or for any household member who has a Massachusetts Auto Policy of his or her own or who is covered by any Massachusetts auto policy of another household member providing uninsured auto insurance with higher limits.
3. Anyone else while occupying your auto. We will not pay damages to or for anyone else who has a Massachusetts automobile policy of his or her own, or who is covered by any Massachusetts automobile policy of another household member providing uninsured auto insurance.
4. Anyone else for damages he or she is entitled to recover because of injury to a person covered under this Part.
If you are injured while occupying your auto and you have two or more autos insured with us with different limits, we will only pay up to the limits shown on your Coverage Selections Page for the auto you are occupying when injured.
If you are injured as a pedestrian or while occupying an auto you do not own and you have two or more Massachusetts auto policies which provide coverage at different limits, the policy with the higher limits will pay. If there are two or more policies which provide coverage at the same limits, we will only pay our proportionate share.
We will not pay damages to or for you, if struck by, or while occupying an auto you own and which does not have Massachusetts compulsory auto insurance.
Likewise, we will not pay damages to or for any household member if struck by, or while occupying an auto owned by that household member which does not have Massachusetts compulsory auto insurance.
The most we will pay for damages to or for anyone injured in the following situations is $35,000 per person and $80,000 per accident or the limits you purchased, whichever is less:
1. Anyone injured while occupting your auto while it is being used to carry anyone or anything for a fee. We do not consider share-the-expense car pool contributions as fees.
2. Anyone injured while using an auto without the consent of the owner.
3. Anyone injured while an auto is being operated in a prearranged or organized racing, speed, or demolition contest or in practice or preparation for any such contest.
We will reduce the damages an injured person is entitled to recover by:
1. The amount recovered from any legally responsible person provided the injured person is fully compensated for his or her damages for bodily injury.
2. The amount paid under a workers' compensation law or similar law.
3. Any expenses that are payable or would have been payable except for a deductible under the PIP coverage of this policy or any other Massachusetts auto policy.
We will pay the balance of the damages up to the limits shown for this Part on your Coverasge Selections Page.
The determination as to whether an injured person is legally entitled to recover damages from the legally responsible owner or operator will be between agreement between us and the injured person. The amount of the damages, if any, will be determined in the same way. Arbitration will be used if no agreement can be reached. However, in no event may a demand for arbitration constitute first notice of claim. We must be given sufficient notice of claim to conduct a reasonable investigation and attempt settlement before arbitration can be filed.
If an injured person settles a claim as a result of an accident covered under this Part, we will pay that person only if the claim was settled with our consent. We will not be bound under this Part by any judgement resulting from a lawsuit brought without our written consent. We will not, however, unreasonably withhold our consent.
The most we will pay for injuries to one or more persons as a result of bodily injury to any one person in any one accidentis shown on the Coverage Selections Page as the "per person" limit. Subject to this limit, the most we will pay for injuries to two or more people as the result of bodily injury to two or more people in any one accident is shown on the Coverage Selections Page as the "per accident" limit. This is the most we will pay as the result of a single accident.
The limits of two or more autos or policies shall not be added together, combined, or stacked, to determine the limits of coverage available to anyone covered undr this Part, regardless of the number of autos involved, persons covered, claims made, or premiums shown on the Coverage Selections Page.
We will not make payments under this Part which duplicate payments under the uninsured auto insurance of any other auto policy.
This Part will not benefit any insurer or self-insurer under a workers' compensation law or any similar law.
Part 4. Damage to Someone Else's Property
Under this Part, we will pay damages to someone else whose auto or other property is damaged in an accident. The damages we will pay are the amounts that person is legally entitled to collect for property damage through a court judgement or settlement. We will pay only if you, or a household member, is legally responsible for the accident. We will also pay if someone else using your auto with your consent is legally responsible for the accident. Damages include any applicable sales tax and the costs resulting from the loss of use of the damaged property.
We will not pay for property damage which occurs:
1. While your auto is being used to carry anyone or anything for a fee. We do not consider share-the-expense car pool contributions as fees.
2. While any auto is being used by anyone in the coarse of his or her employment in the business of selling, servicing, repairing, or parking autos. This exclusion does not apply to the ownership, maintenance or use of your auto by you or a household member.
3. While anyone is using a vehicle in the course of any business other than the business of selling, servicing, repairing, or parking autos. This exclusion does not apply to private passsenger autos, pick-up trucks, vans, or similar type vehicles having a gross vehicle weight of 10,000 lbs. or less and not used for the delivery or transportation of goods or materials unless such use is incidental to your business of installing, maintaining, or repairing furnishings or equipment.
4. While you or a household member is using an auto which you or any household member owns or uses regularly unless a premium for this Part is shown for that auto on the Coverage Selections Page.
5. To an auto or other property owned by you or the legally responsible person. Similarly, we will not pay for damage to an auto or other property, except for a private residence or garage, which you or the legally responsible person rents or has in his or her care.
6. When the property damaged is caused by anyone using an auto without the consent of the owner.
The most we will pay from damage resulting from any one accident is shown on the Coverage Selections Page. This is the most we will pay as the result of a single accident no matter how many autos or premiums are shown on the Coverage Selections Page.
If someone covered under this Part is using an auto he or she does not own at the time of the accident, the owner's auto insurance must pay its limit before we pay. The, we will pay, up to the limit shown on your Coverage Selections Page for any damages not covered by that insurance.
Under this Part, we may have to pay for property damage even if you or the legally responsible person fails to give us prompt notice of the accident. In that case we may be entitled to reimbursement from that person.
This Part is Compulsory. You ust have limits of at least $5,000. However, you may want to buy more protection. Higher limits may be purchased if agreed upon by you and by us. However, $5,000 is the most we will pay for property damage caused by an auto covered under this Part which is being operated in any prearranged or organized racing, speed, or demolition contest or in practice or preparation for any such contest.
Part 5: Bodily Injury to Others
Under this Part, we will pay damages to people injured or killed in accidents if you or a household member is legally responsible for the accident. We will also pay damages if someone else using your auto with your consent is legally responsible for the accident. The damages we will pay are the amounts the injured is entitled to collect for bodily injury through a court judgment or settlement.
This Part is similar to Compulsory Bodily Injury To Others (Part 1). Like the Compulsory Part, this Part pays for accidents involving your auto in Massachusetts. Also like the Compulsory Part, this Part does not pay for the benefit of anyone using an auto without the consent of the owner.
Unlike the Compulory Part, this Part does provide coverage for injuries to guest occupants and for accidents occurring outside Massachusetts.
In addition, we will not pay:
1. For injuries to employees of the person using the auto who are injured in the coarse of employment.
2. For injuries to fellow employees of the person using the auto who are injured in the coarse of employment, except fellow employees of you or your spouse.
3. For injuries resulting from an accident while you or a household member is using an auto which you or any household member owns or uses regularly, unless a premium for this Part is shown for that auto on the Coverage Selections Page.
4. While any auto is being used by anyone in the coarse of his or her employment in the business of selling, servicing, repairing, or parking autos. This exclusion does not apply to the ownership, maintenance, or use of your auto by you or a household member.
5. While anyone is using a vehicle in the coarse of any business other than the business of selling, servicing, repairing, or parking autos. This exclusion does not apply to private passenger autos, pick-up trucks, vans, or similar type vehicles having a gross vehicle weight of 10,000 lbs. or less and not used for the delivery or transportation of goods or materials unless such use is incidental to your business of installing, maintaining, or repairing furninshings or equipment.
If the accident occurs in anyother state or in a Canadian province and you have purchased any coverage at all under this Part, your policy will automatically apply to that accident as follows:
If the state or province has:
1. A financial responsibility law or similar law specifying limits of liability for bodily injury or property damage higher than the limits you have purchased, your policy will provide the higher specified limits.
2. A compulsory insurance or similar law requiring your auto to have insurance whenever it is used in the state or province, your policy will provide at least the required minimum amounts and types of coverage.
The limits shown for this Part on the Coverage Selections Page are the total limits you have under Complusory Bodily Injury to Others (Part 1) and this Part. This means that the Compulsory limits are included within the limits shown on the Coverage Selections Page for this Part and and are not in addition to them.
The most we will pay for injuries to one or more persons as a result of bodily injury to any one person in any one accident is shown on the Coverage Selections Page as the "per person" limit. Subject to this limit, the most we will pay for injuries to two or more people as the result of bodily injury to two or more people in any one accident is shown on the Coverage Selections Page as the "per accident" limit. This is the most we will pay as the result of a single accident no matter how many autos or premiums are shown on the Coverage Selections Page.
If someone covered under this Part is using an auto he or she does not own at the time of the accident, the owner's auto insurance must pay its limits before we pay. Then, we will pay, up to the limits shown on your Coverage Selections Page, for any damages not covered by that insurance.
Any payments we make to anyone or for anyone under Bodily Injury Caused by an Uninsured Auto (Part 3) will reduce the amount of damages that person is entitled to recover from anyone covered under this Part.
We will also pay up to $250 for the cost of bail bonds required as a result of an accident covered under this Part including bail bonds for traffic law violations related to the accident.
We must sell you limits up to $35,000 per person and $80,000 per accident if you want to buy them. Higher limits may be purchased if agreed upon by you and by us. However, while an auto covered under this Part is being operated in a prearranged or organized racing, speed, or demolition contest or in practice or preparation for any such contest, the most we will pay is the required minimum limits.
Part 6. Medical Payments
Medical Payments Under this Part, we will pay reasonable expenses for necessary medical and funeral services incurred as a result of an accident.
We will pay for expenses resulting from bodily injuries to anyone occupyjng your auto at the time of the accident. We will also pay for expenses resulting from bodily Injuries to you or any household member if struck by an auto or if occupying someone else's auto at the time of the accident.
We Will not pay for expenses resulting from iniuries to:
1. Anyone injured while in a vehicle which had been placed off the public roads for use as a residence.
2. Anyone injured in the course of employment in selling, servicing, repairing or parking autos if that person is entitled to workers' compensation benefits.
3. Anyone employed by you or your spouse who is injured in the course of employment- This exception does not apply to any domestic employee who is not entltled to any workers' compensation benefits.
4. Anyone injured while occupying an auto without a reasonable belief that he or she had the consent of the owner to do so.
5. Anyone injured while occupying or struck by an auto owned or regularly used by you or any household member unless a premium for this Part is shown for that auto on the Coverage Selections Page.
We will not pay for expenses incurred more than two years after the date of the accident. We will not pay under this Part for any expenses that are payable or would have been payable except for a deductible under the PIP coverage of this Policy or any other Massachusetts auto policy.
The most we will pay for any one person as a result of any one accident is shown on the Coverage Selections Page. This is the most we will Pay as the result of a single accident no matter how many autos or premiums are shown on the Coverage Selections Page.
If Someone covered under this Part is also entitled to Medical Payments Coverage under another auto policy issued to you or any household member we will Pay only our proportionate share.
If someone covered under this Part is using an auto he or she does not own at the time of the accident, the owner's automoblle Medical Payments insurance must pay its limit before we pay. Then, we will pay up to the limit shown on your Coverage Selections Page for any expenses not covered by that insurance.
We will not pay benefits under this Part which dupllcate payments made under the Medical Payments coverage of any other auto policy.
We must sell you limits of $5,000 per person if you want to buy them. Higher limits may be purchased if agreed upon by you and us. However, while an auto covered under this Part is being operated in a prearranged or organized racing, speed, or demolition contest or in practice or preparation for any such contest, the most we will pay is the required minimum limits.
Part 7. Collision
Under this Part, we will pay tor any direct and accidental damage to your auto caused by a Collision. It does not matter who is at fault. We will also pay for collision damage to other private passenger autos while being used by you or a household member with the consent of the owner. However, we will not pay for damage to any auto which is owned or regularly used by you or a household member unless a premium for this Part is shown for that auto on the Coverage Selections Page. We will not pay if an accident occurs while an auto covered under this Part is being operated on any prearranged or organized racing, speed, or demolition contest or in practice or preparation for any such contest.
We will pay for each loss up to the actual cash value of the auto or any of its parts at the time of the collision. If the repair of a damaged part will impair the operational safety of the auto we will replace the part. In all cases we will subtract the deductible amount you selected. Unless you selected a different amount, the law sets your deductible at $500. Your deductible is shown on the Coverage Selections Page.
We will not pay for a collision loss for an accident which occurs while your auto is being operated by a household member who is not listed as an operator on this policy. Payment is withheld when the household member, if listed, would requlre the payment of additional premium on this Policy because:
1 . the household member would be ClaSSified as an inexperienced operator, or
2. a higher rating step would be assigned under the Safe Driver Insurance Plan
You must notify us within 60 days after a person who will operate your auto becomes a household member, if that person was not a household member on the effective date of your policy. In the same manner, you must notify us if a household member, who will operate your auto, becomes a licensed operator.
If we pay for the total loss of your auto, we will suspend the Collision Coverage for that auto untll it passes a Motor Vehicle Inspection Test.
Camper bodies are not covered under this Part unless specifically shown on the Coverage Selections Page or by endorsement. An additional premium will be charged for insuring a camper body.
If an auto covered under this Part is not owned by you at the time of the accident, the owner's auto insurance must pay its limit before we pay. Then, we will pay, up to the limit shown on your Coverage Selections Page, for any damage not covered by that insurance less the deductible amount you selected.
Part 8. Limited Collision
Under this Part, we will pay in some situations for direct and accidental damage to your auto caused by a collision. We will also pay in these situations for damage to other private passenger autos while being used by you or a household member with the consent of the owner. However, we will not pay for damage to any auto which is owned or regularly used by you or a household member unless a premium for this Part is shown for that auto on the Coverage Selectlons Page. We will not pay if an accident occurs while an auto covered under this Part is being operated in any prearranged or organized racing, speed or demolition contest or in practice or preparation for any such contest.
We Will not pay for a loss for an accident which occurs while your auto is being operated by a household member who is not listed as an operator of this policy. Payment is withheld when the household member, if listed, would require the payment of additional premium on this policy because:
1 . the household member would be classified as an inexperienced operator, or
2. a hlgher rating step would be assigned under the Safe Driver Insurance Plan.
You must notify us within 60 days after a person who will operate your auto becomes a household member if that person was not a household member on the effective date of your pollcy. In the same manner, you must notify us if a household member, who will operate your auto, becomes a licensed operator.
The protection under this Part is not as broad as under Collision coverage but the premium is considerably less.
We only pay under this Part for multiple car accidents in which the driver of the auto we are covering was no more than 50% at fault. We will not pay if the owner of the other auto cannot be identified. After a claim under this Part we are required to determine whether the driver of the auto we are covering was more than 50'% at fault. We will notify you of our determination.
As long as the driver of the auto covered under this Part was not more than 50% at fault, his or her percentage of fault will not affect the amount of our payment.
We will pay for each loss up to the actual cash value of the auto or any of its parts at the time of the collision. If the repair of a damaged part will impair the operational safety of the auto we will replace the part. In all cases we will subtract the deductible amount you selected. Unless you selected a different amount, the law sets your deductible at $500. Your deductible is shown on the Coverage Selections Page.
We will consider the driver of the auto covered under this Part to be no more than 50% at fault if:
1 . That auto was legally parked when struck by another auto.
2. That auto was struck in the rear by another auto moving in the same direction.
3. The operator of the other auto was convicted of certain violations listed in Massachusetts law or any similar law of another state in which the accident occurs. However, we will not pay if the operator of the auto covered under this Part was also convicted of one of the same violations.
4 That driver is entitled to recover in court against an identified person for some reason other than those listed above.
If we pay for the total loss of your auto, we will suspend the Limited collision coverage for that auto until it passes a Motor Vehicle Inspection Test.
Camper bodies are not covered under this Part unless specifically shown on the Coverage Selections Page or by endorsement. An additional premium will be charged for insuring a camper body.
If an auto covered under this Part is not owned by you at the time of the accident, the owner's auto insurance must pay its limit before we pay. Then, we will pay, up to the limit shown on your Coverage Selections Page, for any damage not covered by that insurance less the deductible amount you selected.
Part 9. Comprehensive
Under this Part, we will pay for direct and accidental damage to or loss of your auto other than damage caused by collision. We will also pay for such damage or loss to other private passenger autos while being used by you or a household member with the consent of the owner. However, we will not pay for such damage or loss to any auto which is owned or regularly used by you or a household member unless a premium for this Part is shown for that auto on the Coverage Selections Page. We will reimburse you for substitute transportation expenses if your auto is stolen
This Part is not a substitute for Collision (Part 7) or Limited Collision (Part8).
We consider glass breakage when not involving other collision loss, and the following types of losses to be Comprehensive and not Collision losses: losses caused by vandalism, fire and theft, missiles, falling objects, larceny, explosion, earthquake, windstorm, hail, water, flood, malicious mischief, riot or contact with a bird or animal.
However, We will not pay if an accident occurs while an auto covered under this Part is being operated in any prearranged or organized racing, speed or demolition contest or in practice or preparation for any such contest.
We will pay for each loss up to the actual cash value of the auto or any of ts parts at the time of loss. If the repair of a damaged part will impair the operational safety of the auto we will replace the part. In all cases we will subtract the deductible amount you selected. Unless you selected a different amount, the law sets your deductible at $500. Your deductible does not apply to glass breakage or substitute transportation expenses following a theft.
If your auto is stolen, you must report the theft to us and the police. We will reimburse you only for transportation expenses incurred after the first 48 hours following those reports. We will not pay for transportation expenses incurred prior to that time. After that, we will reimburse you up to $15 a day to a maximum of $450.
Your right to reimbursement stops on the day your auto is located or before that time if we pay you for the theft loss.
If you choose not to rent an auto, we will reimburse you up to the same amount for taxicab fares, bus fares, and other transportation expenses.
If your auto is found, we will pay the cost of transportng it to your last address shown on the Coverage Selections Page. However, our total payment for transporting the auto and for repairs will not be more than the actual cash value of the auto.
If your auto is damaged by fire, you must report the loss to us and the fire department.
Massachusetts law requires that if we pay for the total loss of your auto as a result of a fire or theft, we may suspend coverage for a fire or theft loss under this Part for any replacement auto unless it is made reasonably available for our inspection within two Registry of Motor Vehicles business days following the day you acquired it. We may also raise your deductible unless you install an approved antitheft device in the replacement auto.
Camper bodies are not covered under this Part unless specifically shown on the Coverage Selections Page or by endorsement. An additional premium will be charged for insuring a camper body.
If an auto covered under this Part is not owned by you at the time of the accident, the owner's auto insurance must pay its limit before we pay. Then, we will pay, up to the limit shown on your Coverage Selections Page, for any damage or loss not covered by that insurance less the deductible amount you selected.
Part 10. Substitute Transportation
Under this Part, wewill reimburse youi n certain situations up to the limits shown on your Coverage Selections Page. We will reimburse you if your auto was in a collision and is being repaired or replaced. We will also reimburse you if your auto cannot be used because of the kind of damage or loss, including theft, that is covered under Comprehensive (Part 9).
We will not make any payments unless you lose the use of your auto for at least 24 hours.
We will pay only for a period of time which is reasonable for having your auto repaired or replaced.
If your auto is stolen, you must report the theft to us and the police. We will reimburse you only for transportation expenses incurred after the first 48 hours following those reports. We will not pay for transportation expenses incurred prior to that time.
Under Comprehensive (Part 9) there is also substitute transportation coverage when your auto is stolen. If you purchase both Comprehensive and $15/$450 limits under this Part, Comprehensive will pay first until its Coverage is no longer available. Then this Part will pay.
If you purchase $30/$900 limits under this Part, the most we will pay under Comprehensive (Part 9) and this Part is up tp $30 a day to a maximum of $900.
The Coverage here will not duplicate any Comprehensive payments.
If You choose not to rent an auto, we will reimburse you up to the same amounts for taxicab fares, bus fares, and other transportation expenses.
Part 11. Towing & Labor
Under this Part we will pay up to $25 or $50 (two options) for towing and labor costs incurred each time your auto is disabled. We will pay only for labor done at the scene to the extent that the labor was needed to get your auto going - we will not pay for the cost of repair parts.
Part 12. Underinsured Motorists Coverage
Sometimes an owner or operator of an auto legally responsible for an accident is underinsured. Under this Part, We will pay damages for bodily iniury to people iniured or killed as a result of certain accidents caused by someone who does not have enough insurance.
We will only pay if the injured person is legally entitled to recover from the owners or the operators of all underinsured autos. Such injured person has a claim under this Part when the limits for automobile bodily injury liability insurance covering the owners and operators of the legally responsible autos are:
1. Less than the limits shown for this Part on your Coverage Selections Page; and
2. Not sufficient to pay for the damages sustained by the injured person.
We will pay damages to or for:
1. You, while occupying your auto, while occupying an auto you do not own, or if injured as a pedestrian.
2. Any household member, while occupying your auto, while occupying an auto not owned by you, or if injured as a pedestrian. If there are two or more policies which provide coverage at the same limits, we will only pay our proportionate share. We will not pay damages to or for any household member who has a Massachusetts auto policy of his or her own or who is covered by a Massachusetts Auto Policy of another household member providing underinsured auto insurance with higher limits.
3. Anyone else while occupying your auto. We will not pay damages to or for anyone else who has a Massachusetts Auto Policy of his or her own or who is covered by a Massachusetts auto policy of another household member providing underinsured auto coverage.
4. Anyone else for damages he or she is entitled to recover because of injury to a person covered under this Part.
If you are injured while occupying your auto and you have two or more autos insured with us with different limits, we will only pay up to the limits shown on your Coverage Selections Page for the auto you are occupying when injured.
If you are injured as a pedestrian or while occupying an auto you do not own and have two or more Massachusetts Auto Policies which provide coverage at different limits, the policy with the higher limits will pay. If there are two or more policies which provide coverage at the same limits, we will only pay our proportionate share.
We will not pay to or for:
1. You, while occupying an auto you own unless a premium charge is shown for that auto on your Coverage Selections Page.
2. Anyone injured while occupying your auto while it is being used to carry anyone or anything for a fee. We do not consider share-the-expense car pool contributions as fees.
3. Anyone injured while using an auto without the consent of the owner.
4 Anyone injured while an auto is being operated in a prearranged or organized racing, speed or demolition contest or in practice or preparation for any such contest.
5- Any household member if struck by, or while occupying an auto owned by that household member which does not have Massachusetts compulsory auto insurance.
We will reduce the damages an injured person is entitled to recover by:
1 . The total amount collected from the automobile bodily liability insurance covering the legally responsible owners and operators of all insured autos.
2. The amount recovered from any legally responsible person provided the injured person is fully compensated for his or her damages for bodily injury
3. The amount paid under a workers' compensation law or similar law.
4. Any expenses that are payable or would have been payable except for a deductible under the PIP Coverage of this policy or any other Massachusetts auto policy.
If only one person sustains bodily injury we will pay any unpaid damages up to the difference between the total amount collected from the automobile bodily injury liability insurance covering the legally responsible owners and operators of all insured autos and the "per person" limit shown for this Part on your Coverage Selections Page. This is the most we will pay for injuries to one or more persons as the result of bodily injury to any one person in any one accident.
If two or more people sustain bodily injury and are entitled to coverage under this Part, we will pay any unpaid damages up to the difference between the automobile bodily injury liability insurance "per accident" limit covering the legally responsible owners and operators and the "per accident" limit shown for this Part on your Coverage Selections Page. This is the most we will pay for injuries to two or more people as the result of bodily injury to two or more people in any one accident.
The determination as to whether an injured person is legally entitled to recover damages from the legally responsible owner or operator will be by agreement between us and the injured person. The amount of damages, if any, will be determined in the same way.
Arbitration will be used if no agreement can be reached. However, in no event may a demand for arbitration constitute first notice of claim. We must be given sufficient notice of claim to conduct a reasonable investigation and attempt settlement before arbitration can be filed.
If an injured person settles a claim as a result of an accident covered under this Part, we will pay that person only if the claim was settled with our consent. We will not be bound under this Part by any judgment resulting from a lawsuit brought without our written consent. We will not, however, unreasonably withhold our consent.
The limits of two or more autos or policies shall not be added together, combined or stacked, to determine the limits of coverage available to anyone covered under this Part, regardless of the number of autos involved, persons covered, claims made, or Premiums shown on the Coverage Selections Page.
We will not make payments under this Part which duplicate payments under the underinsured auto insurance of any other auto policy.
This Part will not benefit any insurer or self-insurer under a workers' compensation law or any similar law.
