$2M Professional Liability (E&O) Insurance for Accident Reconstructionists

For accident reconstructionists whose client asks for $2M before a case starts: it means the policy must pay up to $2M per claim. This guide explains how the clause is usually read and met.

What does a $2M requirement mean for accident reconstructionists?

Professional Liability (E&O, short for Errors and Omissions) covers claims that your work or opinions caused a client a financial loss. A $2M clause often reads like this:

• Per claim: the most the policy pays for any one claim. Here, $2M.
• Aggregate: the most the policy pays for all claims made during one policy period. Here, also $2M.
• Reading the pair: limits are written as per claim/aggregate, so $2M/$2M is the match for this clause. See how limits are written.
• Claims-made: the policy covers claims made and reported while it is active, for work after the retroactive date. See retroactive dates.

Who asks accident reconstructionists for $2M?

These clients may ask for $2M, often on larger or higher-severity matters:

• Insurers hiring you on large or disputed losses.
• Law firms occasionally, on wrongful death, serious injury or commercial vehicle cases.
• Manufacturers when a vehicle, part or equipment defect is in question.
• Energy and construction companies reviewing fleet or worksite incidents.
• Government agencies, where the limit may be written into the contract or the request for proposal (the public notice that asks firms to bid).

Smaller matters may ask for $1M, so $2M can be a step up. It can come up on master service agreements (one contract that covers many jobs), on high-stakes cases, and with clients that set one limit for every vendor. See also $1M and $3M.

How is $2M built?

At $2M, the limit is usually one primary policy (the policy that pays first). Some firms use a $1M primary plus a $1M excess layer (an extra policy stacked above) that follows form, meaning it uses the primary policy's terms. If you stack, confirm with the client that primary plus follow-form excess meets the clause.

Licensed engineers may use an A&E (architects and engineers) form, so confirm it covers forensic and testimony work. Other firms may use a consultant Professional Liability form. A commercial umbrella almost never covers Professional Liability, and clients usually cannot be added as an additional insured. Many clients accept a certificate of insurance, a one-page summary of your coverage.

What will underwriters ask for?

An underwriter is the person at the insurer who decides whether to offer coverage and on what terms. For reconstruction firms, they usually ask about:

• Your services, such as scene work, vehicle data downloads, speed and impact analysis, animations and court testimony.
• The split of revenue between litigation work and insurance or product work, and between plaintiff and defense clients.
• Your licenses, training and how your reports get peer review.
• How you handle evidence: chain of custody (the record of who held it), storage, and how long you keep data and vehicles.
• How many cases involve deaths, trucks or large losses, and how often you testify.
• Prior claims, complaints or challenges to your opinions, plus your current policy and retroactive date.

What affects the cost?

• Type of cases. Wrongful death and commercial vehicle work usually costs more to insure than minor property damage.
• Revenue and testimony volume. More cases and court time usually mean more risk.
• Claims history. Prior claims or challenges to your work can raise the price or narrow options.
• Limit structure. A higher per claim limit and a primary plus excess build can price differently from a single policy.
• Retention and defense terms. A higher retention (what you pay on each claim before the policy pays) can lower the premium. Defense outside the limit adds cost.

Frequently asked questions

Do I need $2M Professional Liability as an accident reconstructionist?

You need it only if your contract or client requires it. $2M may come with larger or higher-severity matters, while smaller jobs may ask for $1M.

Is $1M/$2M enough if my contract says $2M?

Usually not, because it pays at most $1M on one claim. Send your clause to Morrow and we will review it.

I carry $1M now. How do I get to $2M?

Request new quotes for a $2M policy through Morrow. Morrow can ask for quotes that keep your retroactive date and prior acts coverage (cover for work done before the new policy starts) where the market allows. Many people keep the current policy in place until the new one starts, so there is no gap in coverage. Report anything that could become a claim to your current carrier before you switch.

Does Professional Liability cover my court testimony?

It can, if the policy wording says so. Some policies cover claims that arise from testimony as part of your services, and others limit it. Check the policy wording for whether testimony and court appearances are covered services, or send the policy to Morrow to review.

This article is general information, not legal advice or a coverage determination. Coverage depends on the actual policy wording, carrier underwriting and your contract terms.