Legal Question in Insurance Law in Texas

Re: utility trailer covered by auto insurance

There are a few points that weren't covered in your question and so I have to make a few assumptions in order to answer....

First, I am assuming that you have a standard Texas Personal Auto Policy. Second, that you have (or can get) a copy of your policy quickly to verify the policy language I am citing. Third, that you have paid premium and have collision coverage on your auto policy.

In a Texas Personal Auto Policy you will find a section titled "Coverage for Damage to Your Auto." This section encompasses the collision and comprehensive coverages.

This section typically begins:

A. We will pay for direct and accidental loss to your covered auto, including its equipment, less any applicable deductible shown in the Declarations. However, we will pay for loss caused by collision only if the Declarations indicate that Collision Coverage (Coverage D2) is provided.

B. Collision means the upset or collision with another object of your covered auto. However, loss caused by the following are not considered collision and are covered only if the Declarations indicate that Coverage D1 is provided:

1. Missiles or falling objects;

2. Fire;

3. Theft or larceny;

4. Explosion or earthquake;

5. Windstorm;

6. Hail, water, or flood;

7. Malicious mischief or vandalism;

8. Riot or civil commotion;

9. Contact with bird or animal; or

10. Breakage of glass.

In paragraph A above, the key term which is defined in the policy which is at issue here is "your covered auto." At the very beginning of a Texas Personal Auto Policy there is a definitions sections which defines your covered auto as follows:

G. Your covered auto means:

1. Any vehicle shown in the Declarations;

2. I. Any of the following types of vehicles on the date you became the owner:

a. a private passenger auto, or

b. a pickup or van with a G.V.W. of 10,000 lbs or less not used for delivery........

2. II. This provision (G2) applies only if you:

a. acquire the vehicle during the policy period, and

b. notify us within 30 days after you became the owner.

3. Any trailer you own.

In the above section, trailer is a highlighted word with its own defintion. It is typically defined at:

F. Trailer means a vehicle designed to be pulled by a:

1. Private passenger auto; or

2. Pickup or van.

It also means a farm wagon or farm implement while towed by a vehicle listed in F.1 or F.2 above.

I apologize for pounding you with so much insurance policy language, but it is important and powerful for you if the facts of this accident line up with this policy language.

It sounds like the facts and the coverage language are on your side if you in fact do have collision coverage on the vehicle which was towing the trailer.

I hope this helps and I hope you fight to enforce your right to recover. If I can be of any other help, please feel free to e-mail or call anytime. Eric Gruetzner, Dallas