6.2 Part A Liability and Supplementary Payments

Key Takeaways

  • Part A is third-party coverage: it pays BI and PD the insured is legally liable for, and the insurer has a duty to defend even groundless suits.
  • Split limits read per-person BI / per-accident BI / per-accident PD (e.g., 25/50/25); a Combined Single Limit applies one cap to BI and PD together.
  • Work split-limit claims by applying the per-person cap first, then the per-accident BI cap, then the separate PD cap.
  • Supplementary payments (up to $250 bail, appeal bonds, post-judgment interest, $200/day lost wages) and defense costs are paid ABOVE the limit.
  • Major exclusions: intentional acts, employee injuries (WC), property in the insured's care, and public/livery (rideshare) use absent endorsement.
Last updated: June 2026

Part A - Liability Coverage

Part A is the heart of the auto policy and the part the state requires you to carry. It pays damages for bodily injury (BI) and property damage (PD) for which any insured becomes legally responsible because of an auto accident. The insurer also has the duty to defend the insured in any suit asking for such damages, even if the suit is groundless, false, or fraudulent.

Key trigger language: coverage applies only when the insured is legally liable. There is no payment for the insured's own injuries under Part A — those route to Part B (Medical Payments) or Part C (UM/UIM). Part A is third-party coverage.

Split Limits vs. Combined Single Limit

Liability limits are stated two ways:

  • Split limits — three numbers, e.g., 25/50/25:
    • $25,000 maximum BI per person
    • $50,000 maximum BI per accident (all persons combined)
    • $25,000 maximum property damage per accident
  • Combined Single Limit (CSL) — one number (e.g., $300,000) that applies to BI and PD combined per accident, with no per-person cap.

Worked example (split limits 100/300/50): An at-fault insured injures three people — claims of $80,000, $120,000, and $90,000 — and causes $70,000 in property damage. Per-person cap is $100,000, so the $120,000 claimant collects only $100,000. Total BI requested after per-person caps = $80,000 + $100,000 + $90,000 = $270,000, which is under the $300,000 per-accident limit, so all three BI amounts are paid as capped. Property damage of $70,000 exceeds the $50,000 PD limit, so only $50,000 is paid. Insurer pays $80,000 + $100,000 + $90,000 + $50,000 = $320,000. The insured owes the remaining $20,000 PD personally.

Why CSL Can Pay More

If that same accident were covered by a $300,000 CSL, the per-person and per-line caps disappear. Total damages = $80,000 + $120,000 + $90,000 + $70,000 = $360,000. The CSL pays the full $300,000 (its single cap), leaving $60,000 unpaid. Note the trade-off: under split limits the $120,000 claimant was capped at $100,000, but a CSL would have let that claimant collect the full $120,000 as long as the single limit was not exhausted. Exams love the contrast: CSL offers more flexibility because no single per-person or per-coverage sublimit applies.

Supplementary Payments

Part A pays these in addition to the limit of liability — they do not reduce the limit available to claimants:

Supplementary paymentNotable cap
Up to $250 for bail bonds (accident-related)$250
Premiums on appeal bonds and bonds to release attachmentsFull
Interest accruing after a judgmentFull
Up to $200/day for loss of earnings to attend hearings/trials at our request$200/day
Other reasonable expenses incurred at our requestFull

Trap: Defense costs and these supplementary payments are paid outside the policy limit, so a $25,000 per-person limit could be accompanied by thousands more in defense and supplementary payments. A question stating "the insurer's maximum total outlay equals the limit" is false — defense and supplementary payments are added on top.

Key Liability Exclusions

Part A does not cover, among others:

  • Intentional injury or damage caused by an insured
  • Property owned by or being transported by the insured
  • Property rented to, used by, or in the care of the insured (with a limited exception for a residence or private garage)
  • Bodily injury to an employee of an insured (workers compensation territory)
  • Vehicles used as a public/livery conveyance (rideshare-for-hire) — addressable by endorsement
  • Using a vehicle without a reasonable belief of being entitled to do so
  • Damage covered under a nuclear energy liability policy

Out-of-State Coverage and Financial Responsibility

Part A includes an out-of-state coverage provision. If an accident occurs in a state whose financial responsibility or compulsory insurance law requires higher limits than the policy carries, the PAP automatically increases the insured's limits to meet that state's minimum. If the other state mandates a coverage the policy lacks — such as no-fault personal injury protection — the policy is read to provide that minimum required coverage.

This provision is why a driver insured to a home-state 25/50/25 minimum is not stranded when driving through a state with a 30/60/25 requirement: coverage flexes up to the higher figure for that accident only.

Financial Responsibility and Compulsory Laws

Every state imposes a financial responsibility law, a compulsory insurance law, or both. Financial responsibility laws require a driver to prove ability to pay for damages — typically after an accident or conviction — often via an SR-22 certificate filed by the insurer. Compulsory laws require liability coverage to be in force before the vehicle is driven.

Minimum limits vary widely by state, commonly ranging from low figures like 25/50/25 to higher mandates. Because Part A is the coverage tied to these legal minimums, exam questions often pair a state minimum with a claim to test whether the policyholder retains personal exposure above the limit. Remember: meeting the state minimum does not cap the insured's legal liability — only the policy limit caps the insurer's payment.

Test Your Knowledge

An insured with split limits of 50/100/25 is at fault. Two people are injured ($60,000 and $30,000) and the other car sustains $40,000 in damage. How much does the insurer pay in total under Part A?

A
B
C
D
Test Your Knowledge

Under Part A Supplementary Payments, how are defense costs treated relative to the limit of liability?

A
B
C
D