What are your rights after an accident and your car has been declared a ‘total loss’? The Frequently Asked Questions on the Washington State Insurance Commissioners site has a good summary answer for this question:

13. They’ve declared my vehicle a total loss but won’t pay me enough to replace it. Is that legal? The company owes you the actual cash value of a comparable vehicle in your local area. You can determine this amount by using dealer quotes and/or newspaper ads or other auto sales publications, as long as the vehicle being sold is comparable to yours in mileage, condition, options, etc. In addition they will pay you sales tax on the value of your vehicle, and pay the unused portion of your registration fees. You may have the option of keeping your car (called - retaining the salvage). If you do, the company will subtract the value of the salvage from the final settlement, as you are keeping the damaged car.

An even better answer is found on the Insurance Commissioner’s web site which has a great brochure you can print called “Total Loss”. It summarizes the laws listed below in a ‘human-readable’ format rather than lawyer-ese.

Revised Code of Washington re Accidents and Insurance:

• 284-30-3901 - Definitions for settlement of vehicle claims.
• 284-30-3902 - When my vehicle is repairable, what can I expect from the insurer?
• 284-30-3903 - Can I get my vehicle repaired at a shop of my choice?
• 284-30-3904 - Will my insurer pursue collection of my deductible?
• 284-30-3905 - If my insurer collects my deductible back, will I recover the full amount of my deductible?
• 284-30-3906 - If another party is responsible for my vehicle damage, can that party’s insurer refuse to settle my vehicle damage and force me to use my own collision coverage?
• 284-30-3907 - How can my insurer settle my vehicle total loss claim?
• 284-30-3908 - Are there factors that may adjust my settlement?
• 284-30-3909 - If my vehicle is determined to be a total loss, can I keep it?
• 284-30-3910 - Can the insurer move my vehicle prior to settlement of the claim?
• 284-30-3911 - What information must be included in the insurer’s valuation report?
• 284-30-3912 - What if I, as an insured, accept the settlement based on my insurer’s valuation and cannot find a comparable vehicle within a reasonable distance of my vehicle’s principally garaged area?
• 284-30-3913 - What must the insurer do prior to the denial of storage and towing costs?
• 284-30-3914 - When I am dealing with someone else’s insurer, what are my rights regarding a rental vehicle?
• 284-30-3915 - What if the other person’s insurer offers a flat rental amount per day, week, or month?
• 284-30-3916 - In a total loss situation, what happens if I have a loan or lease on my vehicle and the outstanding balance exceeds the actual cash value of my vehicle?

According to the Professional Insurance Agents (PIA) Association January 22, 2007 newsletter the Supreme Court will be looking into what insurance companies must do when they charge a consumer more based on the consumers credit history.

The credit scoring controversy has been debated in state legislatures for years and last November Oregonians had a chance to say how they felt about the practice at the ballot box and overwhelmingly answered that it was okay.

Now the highest court in the land — the U.S. Supreme Court — will have a say.

Some justices wondered aloud in last week’s session about the practicality of insurers notifying consumers when a credit check turns into a higher premium. The court is hearing an appeal sent their way by the 9th U.S. Court of Appeals in San Francisco. That court said consumers must be notified and that the two insurers, Safeco and GEICO, violated the Fair Credit Reporting Act by not telling their customers that they were not receiving the best rate available and why.

Commenting on Safeco Insurance verses Burr and the GEICO case, Justice Stephen Breyer said, “If the court adopts the consumers’ argument, there will be tens of millions of notices being sent out. It will have the same effect as consumers receiving privacy notices. It will become meaningless and they will all wind up in the waste basket.”

Safeco’s representative Maureen Mahoney told the high court that credit scoring is only one of 15 criteria used to determine whether a customer’s rates are raised. And she argued if the court upholds the 9th circuit court’s decision each consumer impacted is entitled to receive $1000 — a cost that could make Safeco and GEICO shell out billions of dollars.

The Legislative Agenda put out by the Office of Insurance Commissioner indicates that it will it will introduce legislation this week to reform and modernize agent, broker, and adjuster license processing and administration. The proposal, as outlined in
House Bill 1533 and Senate Bill 5715, are designed to promote:

• Simplification and streamlining of the licensing process, and
• Reciprocity and uniformity with other states’ insurance licensing laws.

Have you done something stupid and wanted to sue somebody? Here is the company to call. I especially like the last line of the ‘commercial’.

The InjuryBoard.com discusses a case where a man died this past December when he was hit by an uninsured car that had drifted out of it’s lane as the man changed a flat tire on northbound Interstate 5 in Tacoma.

Since the man was not in his vehicle would his uninsured motorist coverage still cover him? According to the article,

The issue of whether an insured was using a vehicle is such a common inquiry that Washington Courts have established a four-factor test:

1. there must be a causal relation or connection between the injury and the use of the insured vehicle;
2. the person asserting coverage must be in reasonably close geographic proximity to the insured vehicle, although the person need not be actually touching it;
3. the person must be vehicle oriented rather than highway or sidewalk oriented at the time; and
4. the person must also be engaged in a transaction essential to the use of the vehicle.

So, in this case it appears that it would be covered by uninsured motorist. What if he had got out of his vehicle to pick up something that flew out of the window? Probably not, but then again, that is why you need to consider hiring an experienced lawyer to help you in such situations.

According to the Washington Insurance Commissioner’s site, February 4th to 10th, 2007 is National Consumer Protection Week (NCPW). You are encouraged to “Read up and reach out: Be an informed consumer.”

The Office of the Insurance Commissioner has thousands of pages of information that can help you become a more informed insurance consumer. View our publications in our online consumer publication library or look under “types of insurance” at www.insurance.wa.gov for additional information. If you find something useful, share it with a family member or friend.

If you’ve wondered how earthquake insurance works or if you’ve heard about credit scoring and wonder how it can impact your auto insurance, why not take some time this week to become an informed consumer?

The NCPW site has information from federal, state, and local government agencies, and national consumer advocacy organizations. NCPW highlights consumer education efforts in the fight against fraud in communities across the country. This year, NCPW encourages consumers to read up and reach out in their effort to be informed consumers. By gathering and sharing information, consumers – and their friends and families – can be more confident, savvy, and safe in the marketplace.

According to the Federal Trade Commission (FTC), consumer information can help people recognize a rip-off, smell a scam, or find a fraud. Fraudulent promotions seek to exploit people’s financial fantasies, needs, and optimism. But informed consumers are better able to see through frauds and deceptions, whether they take the form of questionable claims in an ad, ‘breathless’ offers that come in the mail or email, or schemes that sound like sure-fire successes.

Consumers can find practical – and tactical – tips from NCPW partner organizations about how to make well-informed purchase decisions, avoid scams, protect personal information, and file a complaint at www.consumer.gov/ncpw. Not only can this information empower consumers, but it also can improve the quality and choice of goods and services and enhance law enforcement efforts.

Sonia Novick
Farmers Insurance
1601 Columbia Park Trail, Suite 202
Richland, WA 99352

• 509-735-5289 - Phone
• 509-735-1352 - Fax

Si usted dice el español usted ya sabe que… oh wait a minute this blog is in English. I forgot for a moment.

that is how The Insurance Policy blog started out in it’s story about how the insurance industry is starting to address the need for more Spanish language websites.

A significant portion of our population is Latino and do not have a good command of the English language. Insurance companies are just beginning to address the issue. The National Association of Insurance Commissioners (NAIC) has launched a Spanish-language version of Insure U, which is designed to help consumers understand the major types of insurance - life, health, auto and homeowners/renters insurance.

According to Insurance Networking News:

“Insurance is a complex subject, and many consumers need help understanding their options. That’s why we created Insure U,” says Walter Bell, NAIC president and Alabama insurance commissioner. “With our Web site fully translated into Spanish, we now can extend our outreach to Spanish-speaking consumers in their native language.”

Select NAIC consumer alerts and consumer-based news releases are distributed in both English and Spanish. “This Spanish language site is an important addition to our current efforts to help educate all consumers about insurance,” says Catherine Weatherford, NAIC executive vice president and CEO. “The NAIC is dedicated to making its consumer-oriented services available to everyone. We understand that consumer issues do not solely exist in the English-speaking communities of the United States. It is our goal to make sure that the growing Spanish-speaking population is well versed on insurance issues and what is available to them as consumers.”

In an advertising blurb designed to drive business to it’s website, 2Insure4Less.com has come up with the top 10 mistakes to avoid when getting a quote online.

Here is my summary. You should read their site for the full details:

1. You need to know your driving history. It is going to be verified so you may as well get a correct quote.
2. If the ticket shows up on your MVR it will be counted against you, even if it was supposedly dismissed.
3. Tell them about all accidents — especially those that were ‘not at fault’ and even glass claims.
4. Tell them about ALL persons in the household with a drivers license or permit.
5. Your spouse needs to be included on the policy.
6. Typing errors make you a whole different (or non-existent) person, so one type in a name, address, zip code, birth date, or drivers license number could cause the rate to increase.
7. Your credit score will probably be used as a ratings factor.
8. Lying on application. Don’t even think about it. It’s insurance fraud. The best you can hope for is to have your policy cancelled after a serious accident — the worst, free room and board.
9. Shop early and you may pay less. Some companies give a discount if you are not desperate.
10. Make sure you ask for all of the discounts available to you.

OLYMPIA, Wash. — Insurance Commissioner Mike Kreidler has ordered a national glass company to stop offering rebates to consumers who have their damaged vehicle windshields replaced by the company because the rebates violate Washington’s insurance laws.

The Office of the Insurance Commissioner ordered Cascade Auto Glass of Vancouver, Wash., to cease and desist from the practice of rebating up to $150 to customers who had their damaged windshields replaced by the glass company.

The Insurance Commissioner initiated an investigation last year after receiving a complaint that the rebates provided Cascade with an unfair advantage over law-abiding competitors. Essentially, the scheme allowed Cascade customers to recover a portion of their insurance deductible at the expense of the insurance company – a violation of state law.

Cascade is a national company based in Vancouver with 24 Washington locations.

OLYMPIA, Wash. — The Office of the Insurance Commissioner levied a $25,000 fine against Safeco Insurance Company of America, Seattle, for the unlawful use of credit information to determine insurance premiums and other violations.

The violations included the use of an unapproved scoring model that used the number of credit inquiries as a component of the score. The company said that 21,260 Washington policyholders were involved, including 965 who were adversely affected and received refunds totaling more than $170,000.

To paraphrase Shakespeare, “To purchase or not to purchase the CDW, that is the question.” It has been debated for years whether or not a person renting a vehicle should purchase the Collision (or Loss) Damage Waiver from the rental company. Our recommendation is that consumers, in general, SHOULD purchase the CDW / LDW, at least for short-term rentals. Our reasons are given below.

1. LOSS VALUATION The Personal Auto Policy (PAP) covers the lesser of the “actual cash value” of the vehicle or the amount “necessary” to repair or replace the damaged property. The rental agreement may very well contractually obligate the insured to reimburse the lessor for the “full value” of the vehicle. Under most PAP’s, the “betterment” clause may result in the insured being significantly underinsured relative to his/her obligations under the rental agreement.

2. LOSS SETTLEMENT As implied above, there may very well be disagreement over the value of the vehicle or the amount charged for labor and materials to repair the property depending on the PAP edition, the Appraisal clause may be invoked with its accompanying costs. More importantly, the PAP insurer has the right to “… inspect and appraise the damaged property before its repair or disposal” the rental company may choose to effect the repairs immediately, potentially resulting in a lack of PAP coverage because of failure to comply with the condition cited above.

3. LOSS PAYMENT The rental agreement may require immediate reimbursement for damages and it is not uncommon for the lessor to charge the insured’s credit card. This can create a significant debt, “max” out the card’s credit limit (perhaps shortening a vacation or business trip), result in litigation, etc.

4. LOSS DAMAGE WAIVERS (LDW) The rental agreement may require reimbursement for more than collision some include theft under certain circumstances and others may make the insured responsible for any “loss” in value beyond normal wear and tear. Obviously, the PAP must include collision coverage on at least one insured owned vehicle for coverage to transfer to the nonowned auto if the rental agreement includes a Loss (not just collision) Damage Waiver (LDW), the policy must also include comprehensive coverage to adequately protect the insured.

5. INDIRECT LOSSES The insured most likely will be responsible for the lessor’s loss of rental income on the damaged unit. The PAP has, at best, daily and maximum caps for this indirect loss and, depending on the edition date, an unendorsed policy may pay only for loss of income resulting from theft.

6. ADMINISTRATIVE EXPENSES The rental contract may make the insured liable for various “administrative” or loss-related expenses such as towing (e.g., one insured was charged for a 230-mile tow), appraisal, claims adjustment, etc. None of these expenses are covered by most PAP’s, although the 1998 ISO PAP has added some coverage for these expenses.

7. OTHER INSURANCE The PAP says it is excess over (1) any coverage provided by the owner of the auto (does “coverage” include self-insured funds?), (2) any other applicable physical damage insurance, and (3) any other source of recovery applicable to the loss travel policies, credit card coverages, etc. The potential controversy over who pays what is obvious and can result in litigation. In addition, keep in mind that many states (e.g., MD, MN, NY, TN, etc.) have statutes, proprietary forms, and/or case law precedents that may govern this and other rental car exposures.

8. EXCLUDED VEHICLES & TERRITORIES The PAP normally does not provide physical damage coverage for motorcycles or other non-auto/pickup/van vehicles (e.g., motorhomes) and use of covered vehicles is limited to the U.S., its territories and possessions, Puerto Rico, and Canada (the rental agreement may also exclude operation outside a specific geographical area). In addition, if the insured is renting a trailer (U-Haul, camper trailer, etc., coverage is limited to $500. The insured usually has no choice but to rely on the CDW or LDW for coverage.

9. EXCLUDED USES & DRIVERS The PAP may have limitations on use of vehicles that are not otherwise excluded by the rental agreement CDW or LDW for example, the ISO form provides no physical damage coverage for the business use of nonowned pickup trucks or vans (though this has been changed in the 1998 ISO PAP edition for coverages other than Medical Payments). Also, the PAP may include an exclusionary endorsement for certain individuals or may apply only to designated individuals the CDW will probably also only apply to designated individuals, but operators for which no PAP coverage is available may be afforded protection under the rental agreement by designating them as such.

10. ADDITIONAL AND/OR FUTURE COSTS The PAP will most certainly include a deductible in the range of $100-$500 or more. In addition, payment for damage to a rental car may result in a significant premium increase (if not nonrenewal) via surcharges or loss of credits.

Although most CDW/LDW fees are considered outrageous, if not unconscionable, your best advice is to purchase the CDW/LDW for short-term rentals.

Copyright 1996-1998 by the Independent Insurance Agents of Tennessee, Inc. All rights reserved.
Written by William C. Wilson, Jr., CPCU, ARM, AIM, AAM
Web Site: http://brightpath.hypermart.net/
E-mail address: QuoteNotes@aol.com

An SR-22 is not a type of insurance, it is simply a proof that you are carrying auto insurance.

An SR-22 is simply a special form that the insurance company files with the Department of Motor Vehicles (DMV) stating that auto liability insurance is in force for a particular individual.

Typically the state requires an SR-22 when an individual is convicted of certain infractions such as a DUI/DWI or felony. Some states require an SR-22 if you have been convicted of driving without insurance.

Each state has different variations of this form and different requirements. The SR-22 must be filed with the DMV for the state in which you received your conviction, even if you live or move to a different state.

According to Michael Myers @ injuryboard.com , under Washington state law, if an unmarried adult is killed, the negligent person has little to worry about since, I assume, there is no spouse and parents have no legal standing for their adult children.

Washington law offers very few remedies for the families of unmarried adults. And, as a result, does very little to deter negligent and reckless behavior on either an individual or corporate level.

Not only does Washington law fail to provide for punitive damages, it fails to impose any real consequences on those who–through their negligence or recklessness–cause the death of an unmarried adult. This combination of factors gives rise to the unfortunate reality that–as I have heard it expressed–it is cheaper to kill someone than to hurt them. At least in Washington.

So, in Washington state, those unmarried and over 21 are not worth as much as the rest of citizens of the state.

According to the Washington State Department of Transportation (WSDOT), studded tires are only legal from November 1st through March 31st each year. The Washington State Patrol can give you a $101 ticket if you are still driving with studded tires after the deadline.

Unitrin Direct, the direct marketing arm of Unitrin, Inc., has become the first auto insurance company to ‘build’ in Second Life. Their virtual skyscraper is modelled on the Unitrin Direct’s Chicago-based headquarter building. Rather than locate their building on an island, Unitrin chose to build in an ‘busy’ part of Second Life (probably because who would choose to visit an insurance company). Once inside the lobby, you can get a real-world auto insurance quote. Eventually real Unitrin employees will staff the lobby to talk to you about your insurance and answer your questions.

VISTA, Calif., Feb. 21, 2007 — PR NewsWire — With today’s opening of its cyber skyscraper, Unitrin Direct has become the first auto insurance company to own a virtual office building in Second Life, the popular online 3D world.

“Unitrin Direct takes pride in using the latest technology to offer outstanding auto coverage at a great value, so having a home base in Second Life is a perfect fit,” says Brian Crumbaker, senior vice president, operations and claims. “This is a fun way for us to reach out to our customers.”

To visit the Unitrin Direct cyber-scraper, where customers can shop for auto insurance and visit with other Unitrin customers, go to http://www.secondlife.com/ and sign up for a free membership. From there you can create and name a personal avatar, and then you can walk, drive or even fly — yes, your avatar flies — to the Unitrin Direct building, located just 30 meters from the well-trafficked Freebie Warehouse. Once visitors enter the Unitrin Direct lobby, they can get an instant auto insurance quote by simply typing in their zip code and answering a few questions. Average annual savings for Unitrin Direct customers is $303, which is L$81,810 or Linden Dollars, the official currency of Second Life.

“This is a fast and easy way for Second Life residents to get a free quote and compare Unitrin Direct’s affordable rates on our dependable car insurance,” says Tom Mercer, vice president, marketing. “We’re excited to offer a new way to introduce customers to our direct business model, which allows us to reduce overhead and pass on the savings to consumers while still providing first-class service.”

Visitors to the Unitrin Direct online office will be offered a free cyber souvenir: a miniature of the skyscraper that can be taken and placed on any land they own in Second Life. Like the big building, which is a replica of Unitrin Direct’s Chicago-based headquarters, the miniature is equipped to provide instant car insurance quotes.

OLYMPIA, Washington — Insurance Commissioner Mike Kreidler has appointed a special advisory board to monitor the effectiveness of the agency’s newly launched campaign against organized insurance fraud in Washington.

Earlier this year, the agency’s eight-member Special Investigations Unit began operations following the 2006 Legislature’s establishment of a dedicated fraud unit to investigate and prosecute organized insurance fraud. Specifically, the newly appointed advisory board is charged with advising the Insurance Commissioner and the Legislature on the unit’s effectiveness, funding, use of resources, staffing and other issues in the battle against insurance fraud.

The National Insurance Crime Bureau estimates that fraud adds $200 to $300 to the typical Washington household’s annual insurance costs. A cost, Kreidler pointed out, that is ultimately paid by law-abiding insurance policyholders.

The new advisory board includes representatives from the insurance industry, consumers, the National Insurance Crime Bureau, county prosecutors and law enforcement.

Members include:

• David Lyons, State Farm Insurance, (industry) two-year term
• Glenn Kaleta, Safeco Insurance, (industry) four-year term
• John Tolton, Regence Group, (industry) one-year term
• Janet Paulson, Pemco, (industry) three-year term
• Bill Baldwin, Insurance Brokers & Agents of the West, (industry) three-year term
• Bill LaBorde, Washington State Public Interest Research Group, (consumer) three-year term
• Kent Davis, Law Firm Technology Specialists, (consumer) one-year term
• Dana McDonald, National Insurance Crime Bureau, two-year term
• Joe Wheeler, Thurston County Prosecutor’s Office (prosecutor) four-year-term
• Steve Boyer, Kitsap County Sheriff’s Office (law enforcement) four-year term

The advisory board will meet at least twice a year, with the first meeting scheduled for June.

Visit the Special Investigation Unit’s Web site.

Some people assume their homeowners policy is they need to protect their boat. Not true. Typically, homeowners policies have limited coverage for boats and may not cover injuries or accidents while you’re the water. To make sure you’re covered for boat injuries, theft and damage, buy a boat insurance policy.

Hundreds of people drown in boating accidents every year — and nearly all of them were not wearing a life jacket. It’s not enough to just have life jackets on board — you must wear them. In an accident, people rarely have time to reach for a life jacket. This rule applies for adults, too: More people in their 30s die in boating accidents than any other age group. New lighter, more comfortable and attractive life jackets are available today, making it even easier to get passengers to suit up.

Experts say most boating accidents could be prevented by an experienced driver. Make sure anyone who drives your boat is properly trained. You also can save up to 15 percent on most boat policies by completing a safety course with the Coast Guard Auxiliary or U.S. Power Squadrons.

A compilation of photos from claims adjusters playing to Randy Bachman’s “Highway”