CAIA Liability and Negligence Principles 4

Question 1

A plaintiff sues both Driver A and Driver B for injuries from a collision. A judgment is entered against both. Under joint and several liability, how can the plaintiff collect?

Accepted Answer

From either defendant for the full amount, regardless of each one's percentage of fault

Answer

Under joint and several liability, each defendant is fully responsible for the entire judgment, allowing the plaintiff to collect the full amount from any one defendant.

Question 2

What is the primary purpose of a 'reservation of rights' letter sent by an insurer during a liability investigation?

Accepted Answer

To notify the insured that coverage issues exist while the investigation continues without waiving policy defenses

Answer

A reservation of rights letter preserves the insurer's ability to deny coverage later while still investigating the claim, preventing waiver of policy defenses.

Question 3

Which of the following best describes 'assumption of risk' as an affirmative defense in auto liability cases?

Accepted Answer

The plaintiff voluntarily encountered a known danger, relieving the defendant of liability

Answer

Assumption of risk applies when the plaintiff knowingly and voluntarily accepted the risk that led to their injury, which can reduce or eliminate the defendant's liability.

Question 4

Under the 'eggshell skull' (thin skull) rule, a defendant in an auto accident is responsible for a plaintiff's injuries even if those injuries were far greater than expected because of a pre-existing condition. This rule applies because:

Accepted Answer

Defendants take their victims as they find them, pre-existing conditions included

Answer

The eggshell skull rule requires a defendant to compensate for all harm caused, even if the plaintiff's pre-existing vulnerability made injuries unexpectedly severe.

Question 5

A parked car without emergency brakes engaged rolls downhill and strikes another vehicle. No driver is present. Under which doctrine might liability be established without proving specific negligent acts?

Accepted Answer

Res ipsa loquitur

Answer

Res ipsa loquitur ('the thing speaks for itself') allows negligence to be inferred when an accident ordinarily would not occur absent negligence and the instrumentality was under the defendant's control.

(CAIA) Certified Automotive Insurance Adjuster Practice Test

(CAIA) Certified Automotive Insurance Adjuster Practice Test

CAIA Liability and Negligence Principles 4