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Dealing with Insurance Companies

Sunday, February 1st, 2009

Over the past twenty five years, I have dealt with insurance companies thousands of times. But time and again, clients and friends ask me how they should deal with the insurance company that is handling their claim. Let me give you one good piece of advice: everything you say can and will be held against you. Not only that, but every medical record and every conversation or recorded statement can and will be used against you at some time in the future.

Here is a good example. Today I defended a deposition in my office. My client was in a dump truck that rolled over, and in the accident he fractured 4 vertebrae in his thoracic and lumbar spine. He was taken from the accident scene by flight for life helicopter, and arrived at a local emergency room where the radiologist found the fractures in his back. Today the defense lawyer spend about 1/2 hour asking questions to my client about why his employer was incorrectly listed on the admitting sheet of the medical records. The lawyer explained to me that he had to ask the qeustions because the insurance adjuster had “big problems” with the fact that the employer listed was not correctly listed. Of course, my client had no idea why that information appeared in his hospital records. And if you think about it, here’s this guy who has fractured four vertebrae in his back, and is flown by helicopter to the hospital, only to find some clerk dutifully asking him who his employer is so that the intake forms are filled out. Ridiculous? Perhaps. But, the real reason for relating what happened today is to show that it really didn’t take that much for the insurance carrier to deny the claim. One page taken from hundreds of pages of medical records, where all the other evidence pointed in the opposite direction, is all it took for the insurance adjuster to deny the claim, hire a defense lawyer, defend the case in court.

As you can see, it doesn’t take much for your claim to be denied. It makes so much sense to let someone else handle your problem so you don’t blindly walk into a minefield.

Uninsured/Underinsured Motorist Coverage in times of recession – Part 2

Tuesday, January 27th, 2009

The real reason to have uninsured/underinsured motorist coverage is to protect yourself, your family, and your passengers in the event that you are injured by someone who either doesn’t have any insurance or doesn’t have enough insurance to cover your damages. Should the responsible driver not have any automobile insurance coverage whatsoever, you might very well be limited to the limits of your own policy. 

Consider if you are involved in an accident with an uninsured driver. Should you have tried to save a few bucks, as many people do, and purchased a minimum limits policy under Virginia law, you would have only a maximum of $25,000 to cover the all the losses of any one indivdual. If more than one person was injured in the accident there would be a maximum of $50,000 to compensate you and your passengers. It is all too easy to think of situations where limits of $25,000/$50,000 would be woefully inadequate. In times of recession, people might just miss that car insurance bill, or put off paying it, for any number of reasons. With an expected increase uninsured drivers on our roads, it makes complete sense to revisit your unisured/underinsured automobile insurance limits. 

In Virginia, every driver receives uninsured/underinsured motorist coverage with the same limits as the liability limits. You can always ask for more coverage, but that is entirely up to you. If the idea is to fully protect your family, you would want the highest limits your automobile insurance carrier offers.Automobile insurance carriers offer different maximums. Some insurers will offer a one Million single limit policy. Other insurance carriers might max out at $500,000.00. It makes absolute sense to get the highest uninsured/underinsured motorist coverage available.  The cost is not prohibitive, and the peace of mind that you receive by purchasing higher limits is worth the cost.

Uninsured/Underinsured Motorist Coverage in times of Recession-Part 1

Saturday, January 24th, 2009

Many times I have been told by clients that they don’t want to involve their own personal automobile insurance policy in connection with their recent car accident. I usually hear something like “I shouldn’t be forced to use my own insurance because of someone else’s negligence” or “Why should my insurance be forced to fix my car when its the other guy’s fault”. While it is understandable that people don’t want to risk having their insurance rates go up, there are many situations where using your own insurance is no longer a choice, but a necessity.

The common understanding regarding automobile insurance is that it is there to pay others in the event that you cause injury due to your negligence. Personal automobile insurance in Virginia provides for minimum liability coverage limits of $25,000/$50,000.

This minimum limit means that your personal automobile insurance carrier will pay a maximum of $25,000 per person, and $50,000 per accident for injuries arising from any one accident. In the event you injure someone as a result of your negligence, the other person will receive a maximum of $25,000 from your personal automobile liability insurance, and not a penny more. However, there are many situations where $25,000/$50,000 in coverage is wholly insufficient.

Consider the following: You to hit another car with 5 occupants, and severely injure all 5 people. Because of your low limits of liability coverage, each person receives a maximum of $5,000 each, despite the severity of their injuries. I have seen too many cases over the years where unfortunately there wasn’t enough insurance coverage to pay for otherwise serious injuries.

In the event there was an accident where someone died, the surviving family members would be able to recover a maximum of $25,000 from your insurance. How would you feel if a family member died as a result of someone else’s negligence, and the maximum recoverable from the insurance was only $25,000.

The real problem arises when the injured party, not satisfied with the low insurance payout, begins to take steps to collect money directly from you. Your life savings could be put at risk all because you tried to save a few bucks paying a little less in auto insurance each year. This is generally a bad idea. Having higher limits of liability protects your assets in the event you have a claim where you might be held at fault for greater than $25,000 minimum limit available to any individual plaintiff. Virginia Liability policies range from 25,000/50,000 to 50,000/100,000, 100/300, 300/500, and 500/1mil. Having high Liability limits in Virginia, by law, also provides you with uninsured/underinsured motorist coverage equal to your liability coverage limits unless you elect otherwise. Having high underinsured motorist coverage limitscasn make the difference between receiving full recovery or receiving only what the defendant has in coverage. In this day and age, you should never rely upon the insurance coverage of someone else to provide you with the benefits you need. You need to protect yourself and your loved ones. One of the eaisiest ways to protect yourself and your family is to purchase high uninsured/underinsured motorist coverage. Continued in Part 2.

Uninsured Motorists- About one in six drivers in the U.S. might be driving without insurance by 2010

Thursday, January 22nd, 2009

What happens if the person who injures you in a car accident has no insurance. Unfortunately, our sagging economy affects whether drivers can afford insurance, and causes some to allow their personal automobile insurance to lapse. Consider the following:

About one in six drivers in the U.S. might be driving without insurance by 2010, according to a recent study.

The estimated percentage of uninsured motorists decreased to 13.8 percent in 2007 from 14.9 percent in 2003, but it’s expected to sharply increase because of the recession, the Malvern, Penn.-based Insurance Research Council reported Wednesday.

The council estimated the number of uninsured motorists by using a ratio of insurance claims made by people injured by uninsured drivers to claims by people injured by insured drivers.

An increase of 1 percent in the unemployment rate is associated with an increase of nearly three-quarters of a percent in the uninsured motorist rate, the council reported. The council expects the rate to rise from 13.8 percent in 2007 to 16.1 percent in 2010.

How do you protect yourself and your family from uninsured drivers? The answer is relatively simple. When you purchase or renew your personal automobile insurance policy, consider your uninsured/underinsured insurance limits. You should make sure that you have enough of this coverage to cover you and your loved ones in the event of an accident.

Fatalities on Virginia Roads -2007

Saturday, January 17th, 2009

Don’t become a statistic. Consider these facts, and take action to keep yourself safe.

  • Check your tires. The number one defect which contributed to fatalities on Virginia roads in 2007 was defects in the tires. Too many people do not pay attention to the tread on their tires. Considering that over two deaths per month on Virginia roads in 2007, it would be a good idea to periodically check your tires. Both under-inflation and over-inflation can cause a tire to lose its ability to grip the road as it was designed. Tires that are bald are dangerous and should be replaced. Any physical damage to the sidewall of the tire could contribute to causing an accident or worse. Pay attention to your tires and avoid becoming a just another statistic.
     
  • Slow down. The amount of time that can be gained by speeding is negligible. You might that you’re making up lost time as you speed on the roads, but you are putting yourself needlessly at risk. The number one factor contributing to Virginia fatalities in 2007 was speed. Fully 13% of all deaths on Virginia roads were caused by excessive speed. 
     
  • Stay in the right hand lane, and yield to other drivers. The second and third most common driver errors contributing to deaths on Virginia roads in 2007 were driving to the left of center line,and failing to yield. If you can drive in the right hand lane, do so. Let other cars pass and turn in front of yours. Stay safe.
     
  • Don’t drive when you are tired. There were 38 deaths on Virginia roads in 2007 caused by drivers who were either fatigued, or asleep. Over three people per month died becase they should have been sleeping instead of driving. If your tired or sleepy, pull over and get some rest, your life may depend on it.
     
  • Don’t drink and drive. Common sense. There were 82 deaths on Virginia roads in 2007 related to drinking and driving. If you must drink, do it at home and stay there. Use a designated driver, or call a taxi. It makes no sense to drink and drive.
     
  • Slow down in bad weather. It was raining during 66 Virginia traffic accident fatalities in 2007. 
     
  • Do not try to pass in a no passing zone. 19% of all Virginia vehicle fatalities occurred a driver was trying to pass another car in a no passing zone. 177 persons were killed as a result of someone who couldn’t wait, or thought the car in front was driving too slow.  No passing zones are there for a reason. Please obey the Virginia traffic laws and keep yourself and your family safe.

Source: 2007 Virginia Traffic Crash Facts: Virginia Department of Motor Vehicles

2007 Virginia Car Accident Facts

Saturday, January 17th, 2009

2007 VIRGINIA TRAFFIC ACCIDENT FACTS

  • 1,626 persons were killed on Virginia roads in 2007, the last year with available statistics according to the Virginia Department of Motor Vehicles. That number represents a 6.76% increase from 2006.
  • While the number of deaths on Virginia roads increased in 2007, there were 68,822 injury accidents which represents 6.17% decrease in the number of injury accidents from 2006
  • There were 145,405 traffic accidents in Virginia in 2007, which represents a 4.14% decrease from 2006.
  • In all of Virginia, there were 378 persons needlessly killed in alcohol related crashes, a 1.07% increase from the prior year.
  • There were 7,130 persons injured in alcohol related crashes, which represents a 5.48% decrease from 2006.
  • 30 Virginia teenagers were killed in alcohol related accidents, representing approx. 3% of all Virginia traffic fatalities.
  • 759 Virginia teenagers were injured in alcohol related accidents.
  • In Virginia statewide for all of 2006, 25,243 persons were tested with a blood alcohol content of (BAC) of.08 percent or greater. This represents a 1.27% increase from the prior year. The average BAC of tested drinking drivers was .1407. Approximately 80% of of those drunk drivers were male.
  • In Virginia in 2006, 28,787 persons were convicted of DWI/DUI, a 2.73% decrease from 2006.
  • October 2007 was  the most dangerous month on Virginia roadways with the highest number of accidents (14,147), and the highest number of fatal crashes.
  • December 2007 was the most dangerous month of the year on Virginia roads with 1,079 alcohol related accidents. There were more alcohol related fatalities in September than in any other month in Virginia in 2007.
  • In Virginia there is on average one accident every 3.61 minutes. One driver out of approximately 20 is involved in a car accident each year. Roughly 3 lives are lost per day because of traffic crashes. 189 persons are injured per day as a result of traffic crashes.

Source: 2007 Virginia Traffic Crash Facts, Virginia Department of  Motor Vehicles.

Virginia Motorcycle Accident Facts

Wednesday, January 14th, 2009
  • In 2007, roughly 12% of all motor vehicle fatalities statewide were motorcycle accidents. Motorcycles represent 3.3% of all traffic injuries.
  • There were 2,601 motorcycle accidents in 2007, 126 of those were fatal accidents or 13.4 percent of all motorcycle accidents.
  • In 2007, there were 165,584 motorcycles registered in Virginia with 1.6 percent of those involved in accidents.
  • Of the reported accidents, the number one driver action contributing to an accident was driving too fast.
  • The second most common driver action contributing to the accident was following to close.
  • The age group of motorcyclists who were most likely to be involved in a motorcycle accident was between 21 and 25 years old.
  • Roughly 90% of all motorcyclists involved in accidents were males.
  • 73% of all motorcycle accidents occurred during daylight hours.

Fairfax County leads the State in Car Accident Deaths

Wednesday, January 14th, 2009

In 2007, there were 53 car accident fatalities in Fairfax County. There were more car accident fatalities in Fairfax County than any other County in Virginia. While the number of deaths on Fairfax County roads far exceeded all other the other Virginia Counties, the death rate per licensed drivers was  among the lowest in the state. The death rate per 1,000 Virginia licensed drivers was the second lowest in the state, with a death rate of 0.07.

The County with the lowest death rate per 1000 licensed drivers is Arlington County with a death rate of 0.04 per 1000 licensed Virginia drivers. With over 746,000 licensed drivers, Fairfax County is one of the most congested counties in the Commonwealth. The sheer volume of traffic causes the death rate to be so high. However, as a consequence of the number of drivers, our traffic is much more highly regulated than other counties. The Virginia County with dubious honor of having highest death rate per 1000 licensed drivers is Highland County, West of Charlottesville, bordering West Virginia. Highland County, with roughly 2000 licensed drivers, has a death rate of 1.46 per 1000 drivers. You might think that the road were safer in the hills and mountains of Virginia, but you would be sadly mistaken.

Fairfax Virginia Car Accident Prompts Lawmakers to Introduce "Ashley's Law"

Thursday, January 8th, 2009

On February 13, 2008 Ashley McIntosh died from injuries she suffered when a Police Cruiser entered an intersection on Route 1 in Fairfax County with its emergency lights on but without its siren. In many states it is the law that emergency vehicles such as Police Cruisers responding to emergencies must have both their emergency lights and sirens on in order to proceed lawfully through a red light.

Virginia allows officers to use lights and sirens but only as may be reasonably necessary. As a result of this provision, although Fairfax officer Amanda Perry was charged with reckless driving for entering the intersection that fateful day when Ashley McIntosh was killed, she was found not guilty by a substitute judge from Stafford County.

Since that time, there have been many questions raised as to why Virginia would make it optional for a Police Officer to use all his emergency equipment when disregarding traffic laws. While the policy of Fairfax County is to have its officers use both lights and sirens, the state provision allows for the “reasonably necessary” loophole. Having both light and sirens functioning, provides valuable information to other drivers that they need to yield to the authorities, and get out of their way. In Fairfax, Alexandria and Arlington, Loudoun and Prince William Counties, the congestion that is almost always present on the roads requires that this law be changed.

Thankfully the surviving family of Ashley McIntosh have pushed to get “Ashley’s Law” introduced to the Virginia Legislature. Toddy Puller (D-Fairfax), and David Englin (D-Alexandria), will be introducing this bill to the legislature this session. It is time for Virginia to join the majority of states, and require the use of emergency lights and sirens without exception. This is too simple a proposition for our legislature to ignore. Please contact your state legislators and tell them that they should support “Ashley’s Law”.

$3 Million Virginia Workers Compensation Settlement

Sunday, January 4th, 2009

Just so the record is straight, there is another firm who advertises that they settled a $3 Million dollar Virginia Workers’ Compensation Case on behalf of a brain injured worker. So that that there is no confusion or misrepresentation, Daniel Barrera was the lawyer who singlehandedly obtained that $3,000,000.00 Virginia Workers Compensation Settlement. In fact, Mr Barrera has obtained over $1,000,000.00 for his clients on six separate occasions.

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