Had an Accident? Looking for a Lawyer?
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’.
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:
- there must be a causal relation or connection between the injury and the use of the insured vehicle;
- the person asserting coverage must be in reasonably close geographic proximity to the insured vehicle, although the person need not be actually touching it;
- the person must be vehicle oriented rather than highway or sidewalk oriented at the time; and
- 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
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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