Do I Need A Lawyer to Interpret my Insurance policy 14 Oct 2019, 11:09 pm

It is recommended that an individual should have a lawyer look at any insurance policy for which there are concerns.  Most lawyers are extremely well-qualified in the areas to which they devote their practice. Lawyers have been well-trained by law schools, their law firms, and the individual lawyers with whom they have had associations. Most State Bar Associations require not only the successful completion of law school, but they also require the passing of special bar exams to be certain that lawyers understand both the basic precepts of the law, which apply to various fields of law, and also the appropriate ethical considerations. The State Bar Associations and the local Bar Associations assist in the policing of its’ members to make certain that lawyers comply with ethical considerations, comply with certain rules and regulations, and correctly apply the practice of law.  For More, Link to https://www.lawyerslistings.com/selectingalawyer.aspx

Vehicle Aftermarket Additions and Your Car Insurance 8 Oct 2019, 7:19 pm

Local Laws

Check with your state patrol, local police or DMV about regulations that may impact the amount of changes you can legally make to your vehicle. For example, many drivers purchase aftermarket tint – several states have legal limits on the darkness of tinted windows (for state by state info see http://www.tintcenter.com/laws/ ). Similarly, aftermarket headlights, taillights, and even underbody lights are often regulated. Although many of these items may not be a cause for a citation by themselves, if you are pulled over for speeding or another traffic violation, aftermarket violations can be tacked on to the ticket.

Warranty Rights

Under the Magnuson-Moss Act of 1975, your warranty cannot be automatically voided just because of aftermarket changes. The warranty company or dealership must prove that the modification directly caused the failure in performance before they can make a warranty invalid. Read the fine print on any warranty agreement as these companies will often be very specific of what they consider unacceptable modification because of this law; however, they will still have to prove that the modification caused the malfunction to deny a claim. If your warranty claim is denied, make certain you obtain in writing their exact reasons for rejecting the warranty. You can then pursue the matter with the company directly or file a formal complaint with the Federal Trade Commission .

Auto Insurance and Aftermarket Parts

In essence, this question is answered in two ways: first, the perception of your voluntary aftermarket adjustments that suggest a change in driving style or added risk, and, second, the reality of the cost of repairs which encourages the use of aftermarket over original equipment manufacture (OEM) parts.

With the proliferation of online insurance and, at the very least, online copies of your policies, it is important to be aware of any impact aftermarket changes may have on your auto insurance premiums. You can also ask your insurance agent directly about proposed changes. In some cases, changes may suggest an increased risk in driving behavior. For example, if you add a supercharger to your engine to increase air and fuel and give your car more power, your driving habits may become suspect. However, changing the fuel filter, which can also increases power, may not be as suspect as it also improves the cars overall performance and maintenance. Many of the smaller changes to your vehicle are not usually reported and will not impact your premiums; however, if your aftermarket changes are against local laws – you insurance company can become aware through any police citations on your vehicle. The worst case scenario is that non-stock parts may suggest too much risk and your insurance company will drop you – but the more likely scenario is that your premiums will increase. It is best to ask – some companies offer a modification policy that allows for coverage of your vehicle despite some of your changes. state insurance regulator

Despite these precautions – if you are in an accident, many insurance companies will allow and even encourage the use of aftermarket parts on vehicles as they are often cheaper than OEM parts. If you insist on OEM parts used in the repair, you may be asked to pay for the difference in price (in some states). However, if you do some research on aftermarket parts and find examples of faults, you may be able to convince the insurance company to pay for the OEM to prevent future claims. The bottom line is to be aware of what is being used to repair your car and stay informed of the negotiations between the repair shop and your insurance company. Again, the influence of state regulations are also at play – check with your state insurance regulator to see if OEM parts are required on your vehicle repair (especially if your car is less than two years old).

Make sure you do your research before modifying your vehicle or incorporating aftermarket parts. Changing your vehicle may mean that you need to shop around for an insurance carrier but it does not mean that you cannot find coverage as long as you are within your legal limits.

Car Accident – What do you do after an accident? 8 Oct 2019, 7:15 pm

Most drivers will never experience a major accident and the minor car accidents they do experience will be few. Therefore, it is harder for drivers to prepare for an accident when they don’t have the past experience to build strategies of what works best. Therefore, we have taken time to compile a list of some of the most repeated advice from insurance agents, government websites, research studies, and fellow drivers. In addition to this general advice, we have also created a downloadable checklist which can be printed and kept in your car in case of an accident.

Before the Accident

• Insurance – Besides having insurance, make certain you keep a copy of your proof of insurance with you whenever you drive (usually in your wallet or purse). Also, take time to review your coverage and make sure you understand what it covers. Sometimes you may have something you don’t often think about, such as roadside assistance, and will want to remember to take advantage of something you’re already covered for instead of paying out of pocket.
• Emergency Supplies – Nowadays you may only need a smartphone but in case your battery is low or you don’t have one then consider keeping the following in your car: pen and paper, a disposable camera, and emergency contacts such as your insurance agents phone number. Also keep an emergency kit that includes road flares, first aid kit, and other supplies.

The Accident Just Happened

• Move Aside – Try to move out of the road or area of traffic if possible.
• Take a Moment – Either count to ten or take several slow deep breaths. When the unexpected happens, even a parking lot fender bender, the adrenaline will be high. Your energy, emotions, and thoughts may be racing, take a moment to refocus and relax.
• Render Aid – If there are any injuries, try to help as much as you are able. First dial 911; the dispatcher can help walk you through any first aid until an ambulance arrives. If you do not render aid (within reason), you can be held legally accountable.
• Call 911? – Your insurance company will want you to call regardless of the severity of the accident. However, in some areas police may only come if there are injuries or the need for a mediator. If the accident is a fender bender in the parking lot, an officer will likely not come. Keep in mind, even if the police are not called to the scene, you will still be required to file a independent accident report through the police or DMV (usually for any accidents involving $500 or more in damage but this varies by state). When in doubt call 911, the dispatcher can help you determine if an officer’s presence is necessary.
• Notify Other Drivers – Set up road flares or signs to let other drivers know of the accident. Even if you are pulled to the side of the road these items will help other drivers avoid the scene. Keep in mind that if your car is disabled on a busy road this may not be possible as it will be more dangerous outside the car and you will want to wait until the police arrive on the scene.

The Next Hour

• Be Polite – When you talk with the other driver keep in mind that your adrenaline is up and so is theirs. You will both be agitated, so keep calm and polite. If the other driver is not cooperative, call the police immediately to act as a mediator.
• Do Not Admit Fault – Even if you rear-ended the other car, do not admit any wrong doing at the scene. This isn’t about being shady and avoiding responsibility – instead the reality is that there are several considerations and laws that you may not be aware of that could adjust who is at fault. This is a big part of what you pay the insurance companies to do – let them stress over it!
• Call your Agent – This can be done after you exchange information, but you may want to consider doing this early as your agent or insurance representative can walk you through the process.
• Exchange Information – Exchange names (including everyone in the vehicle), officer’s information (badge and report number, etc), witnesses, insurance carriers, car information, and any inconsistencies (driver doesn’t own car, etc.).
• Photos – Take pictures of both cars and angles or viewpoints of the scene when possible. If there was a tree obstructing the view, make sure to get a picture of it.
• Out of Pocket Risk – If the accident was minor, you may find that both of you would like to handle the accident privately without using your insurance companies. This is risky and note that you may lose any claims if the other party later decides not to pay you. Also, even if you do not file an insurance claim your state may require you to file an accident report!
• Uninsured Driver – Call the police to be on the scene and make a report. Although you may not receive payment from the uninsured driver, they can still be fined for their lack of coverage and your state may even take corrective action, such as suspending their license, until they pay you for damages. Most drivers who have insurance are covered for uninsured drivers, however, it is rather unfair that your premiums should suffer for their negligence – don’t walk away from it – make sure they are held accountable.

The Next Day

• Accident Report – If the police do not come to the scene you are usually still required to file an accident report with the police or DMV. Each state will be different, but generally you should get this report done in under two weeks. Again, even if you do not file a claim with your insurance company, many states require that you still report the accident. If you had a one person accident, such as you hit a road sign, then you will also need to file this report.
• Quotes – Your insurance company will want you to start obtaining quotes, usually from two or three shops, for repairs. Make certain to check with your insurance carrier if there are any limitations to the shops you can contact. However, it is also considered good practice to get at least one quote from a shop not provided by your insurance company to check for consistency. Keep in mind if you are not filing a claim but getting paid by the other driver independently it is also considered common courtesy to seek out two to three estimates for the other driver.

General Follow Up

• Know Before you Sign! – Do not sign any agreements with the other driver, their insurance company or even your own insurance carrier unless you understand what you are signing for or agreeing to. If you are uncertain, consider consulting an attorney .
• Counseling – If you are involved in a major accident or had a nasty encounter with the other driver, consider seeking some counseling. The post traumatic stress can eek away at other aspects of your life – don’t let the accident do this!

Accident Resources

Want an app for that? There are many out there – some created by the major insurance companies and others by local law firms. Here are a few of the more general apps we found:

• AAA Roadside
• C.A.R. Car Accident Report
• iWrecked

Winter Driving: Safety, Tips and the Law 29 Sep 2019, 8:02 pm

Winter Driving Safety & Tips

• Winter Inspection: Prepare you car ahead of time for winter road conditions. Check the levels of antifreeze, oil and wiper fluid. Examine your windshield wipers for wear and replace them if necessary.
• Got Wheels? Review your tire tread. If you get snow tires or studs, get your appointment scheduled before the tire stores are inundated. If you are in a state where you may use chains or cables, inspect these when you pull them out of storage. Take time to review how to put them on before the snow comes.
• Journey Prep: Before driving out into a winter wonderland, make sure you are prepared. Clear you car of any snow and ice so you can see clearly – this includes any snow around your headlights and break lights. How much gas is in the tank? If you are getting low, plan your route to make this your first stop. Stop and consider your physical condition, are you awake and alert?
• WEK: Don’t be weak – have an Winter Emergency Kit! Some items to include in your kit are:
  • First Aid Kit
  • Travel Tool Kit
  • Blankets
  • Gloves, Hat, Scarf, Sweatshirt, etc.
  • Jumper Cables
  • Flashlight and Spare Batteries
  • Road Flares
  • Matches
  • Sand and/or Salt
  • Ice Scraper and Snow Brush
  • Small Shovel
  • Water
  • Energy Bars or Other High Calorie Foods (Nonperishable)
  • Cell Phone and Charger
• Dress for Success: As we hop from one heated building to the next, we don’t often consider how we are dressed for the winter weather. Adjust your wardrobe for unexpected winter weather. If you insist on traveling in the car in flip flops because the are comfy, make sure you pack thick socks and hiking boots in the back seat in case your car does break down. Dress in layers and have spare gloves, a hat, and a scarf in the car.
• Know before you go! Check for road condition updates and possible closures. Before driving in winter weather make certain to check the local forecast. Some of the key weather words are:
• S-L-O-W: Everything slows down: accelerate slower, brake slowly, turn slowly, and travel at slower speeds. Enter the time warp willingly and keep your patience and wits about you. Trying to rush through anything during poor winter weather is the number one reason people slide off roads or skid into other cars.
• Personal Bubble: Allow those around you plenty of space. Do not crowd other cars and increase the car lengths between you and the next car.
• It’s Ice Ice Baby! If there is ice rain the best option is not to be on the road period. But there are other patches of ice and black ice that may pop up when you consider the roads drivable again. Keep in mind that ice forms quickest on bridges and overpasses. Also, as the temperatures begin to rise the thawing ice will be much slicker as it melts. If you see the ice ahead of time keep your speed slow. DO NOT hit the breaks! If you suddenly can’t hear the road, often the case if you hit black ice, continue forward and take your foot off the accelerator. DO NOT hit the breaks!
• Look Up! Many times the winter weather makes us concentrate on the road in front of us so much that we forget to look ahead. During this weather is exactly when you should be looking up and ahead; look farther then you may normally. This will give you more time to react to possible sliding cars or hazards in front of you.
• Keep it on Main Street: Plan your routes on main roads. These will be traveled more and are the first to be cleared and sanded.
• Share the Road: Give plows and sanders plenty of space. Three car lengths is the standard suggestion. Be patient, many will get over to let traffic pass. Always pass with extreme caution and never pass them on the right as that is where all the sludge is going!
• Double Your Time: As a general rule, double your travel time for all your commutes and usual destinations.
• Tell Your Peeps: Let others know of your travel plans – especially for long distances or during a weather event. Let either family or friends know where your are going and the route you expect to take.
• No Cruising: As you shouldn’t in heavy rain, do not use cruise control on winter roads. If you begin to slide you may not be able to get out of cruise control quickly. Also, depending on the slide/skid, tapping the break may be the last thing you should do!
• Find Your Pack: Have a commute group for severe weather. You can alternate drivers as you battle the extra stress and fatigue of driving in bad weather. Encourage it in your community and this can help keep more cars off the road.
• Think Outside Your Car: Consider other modes of transportation altogether. If available, consider the bus or train. Get really inventive – do you like to cross country ski? Just stay on the sidewalk!
• Flex Time: Check to see if you employer will let you change your hours or work from home. Wait until the plows have had a chance to move through the neighborhood and go in late. Or plug in the computer and work in your PJs and fuzzy slippers.
• The Great Melt: Still be cautious after the snow begins to melt away. Puddles can easily be hiding monster potholes that grew under the ice during the storm. Not only jarring these can do some real damage to your car. Besides potholes, be careful of hydroplaning as well. As the water melts it may be caught between mounds of slush leaving the perfect amount of water to send your tires for a little ride.
• If the Worst Happens: “If a blizzard traps you in your car, pull off the road, set hazard lights to flashing, and hang a distress flag from the radio aerial or window. Remain in your vehicle; rescuers are most likely to find you there. Conserve fuel, but run the engine and heater about ten minutes each hour to keep warm, cracking a downwind window slightly to prevent carbon monoxide poisoning. Exercise to maintain body heat but don’t overexert. Huddle with other passengers and use your coat for a blanket. In extreme cold use road maps, seat covers, floor mats, newspapers or extra clothing for covering–anything to provide additional insulation and warmth. Turn on the inside dome light so rescue teams can see you at night, but be careful not to run the battery down. In remote areas, spread a large cloth over the snow to attract the attention of rescue planes. Do not set out on foot unless you see a building close by where you know you can take shelter. Once the blizzard is over, you may need to leave the car and proceed on foot. Follow the road if possible. If you need to walk across open country, use distant points as landmarks to help maintain your sense of direction.” ( Tips provided by FEMA )

Legal Concerns

• The Car Snowball: When your car is covered with snow it makes for safer driving if you clear all the snow off – but are you required to legally? Technically, in most states, there is not a “snow on the car” law. Instead, other laws may be interpreted to include snow. Be safe and get your car uncovered completely so you can clearly see around you and don’t inadvertently cause hazards.
  • In many states you can be cited if your windshield, rear window and windows are obstructed so you cannot see the road. This is often interpreted to include snow, ice and fog that disrupt the drivers view.
  • How about the snow on your roof or hood that you left there? In many states you will not be cited for this alone, however, if this snow flies off and damages another car (i.e. smacks into and cracks the windshield of the car behind you) then you are liable for any damages.
    Some states are clever and cite snow falling from your car as littering!
  • While you are at it, make sure to clear any snow from your headlights and break lights. This not only helps you light your path, but no doing so may be a citation waiting to happen in some states.
• Snow tires, studs, and chains, oh my!
  SNOW TIRES: Standard in many snowy states usually there are not penalties for having these tires on past a certain date. Check with your local tire stores as they will often store your summer tires during the winter season and vice versa.
  STUDDED TIRES: States that allow these tires for winter travel often have a set timeline when they may be used (i.e. In Alaska they may be on by September 15th and are due off by May 1st – most states in the lower 48 will have a shorter time allotment). This information can be found at your state Department of Transportation website (see list to the right)
  CHAINS: Especially if traveling in mountainous states, learn if chains are often required, make sure you have them and learn how to put them on before you go. Some flat states also allow chains under certain conditions. Check with your state Department of Transportation for specific requirements or limitations.
  The following YouTube video illustrates how to put on cable style chains. It is sponsored by the Oregon Department of Transportation (http://www.youtube.com/watch?v=_8RVbDuyOcY):

SAFE WINTER DRIVING!