Finding the Best Auto Insurance Requires Detailed Research and Direct Conversation

Automobile insurance is a requirement for drivers in most jurisdictions, and a good idea in all. Naturally, the tens of millions of drivers in the United States can be assembled into thousands of insurance risk pools with hundreds of products in each, but the multitude of options for most drivers can be overwhelming, among policies that are hard to distinguish from one another. But unlike credit cards, for which consumers are also regularly solicited, car insurance is difficult to see operating on a regular basis. (Hopefully you’ll never have an auto accident and need to see it in operation.) While no composite of advice can address all the choices available, some high-level tips can help you keep your scrutiny focused. Consider the following.

• Don’t be swayed by humor or appeals to emotion. Insurance is serious business. If you start searching for quotes based on a stirring advertisement, let yourself cool off before throwing money around. You won’t be laughing over an accident, after all.
• Use the resources you already have. Whether coworkers, neighbors, or family members, ask them about their coverage. Remember that policies available in one state may not have equivalents in other states, and that very old insurance policies may not resemble options you’ll have today.
• Get it in writing. Demand to see the bottom line in written form, whether electronic or on paper. That means the monthly premium, what scenarios are fully or partially insured, and when the insurer pays directly (as opposed to you having to incur the expenses first and be reimbursed later)—organized by deductibles, limits, caps, reserves, and pooling with other claims.
• But talk to the insurer, too. Ask to see the terms of a similar policy advertised in a different medium. If you like an offer you’ve seen in a mailing, ask a representative to show you a similar offer marketed online. The specific terms may not be perfectly replicated, but the insurer should offer policies with the same basic structure. Insurers market thousands of policies. Someone trying to sell you a policy with no comparable products is a red flag for exploitation.

It’s a lot to take in, and this is just the beginning. Researching options in detail also has to be paired with researching a sufficient number. Three is too few and 20 is probably too many. Fully researching and getting a written quote for 5 different policies across several insurers can help you understand the variety of options so your choice can be intelligent and informed.

Remember, the purpose of automobile insurance is to protect you financially in case of an accident.  When choosing an insurance policy, you want to make sure that you’re getting the coverage you need, and that you are actually covered for what you think you’re paying for. 

 

Has Your Auto Insurance Company Denied Your Accident Claim?

Drivers are required by law – in Minnesota and Wisconsin, and most other states as well – to have insurance in case of an accident.  That insurance is supposed to protect you financially in the event of an accident.  But sometimes an insurance company will deny a claim.  If that has happened to you, know that you do have recourse and don’t just have to shrug your shoulders and try to figure out how to recover financially yourself.  You do have options.

• If there was another vehicle involved, you may be able to get compensation from that driver’s insurance company if the other driver caused damage to your vehicle.  This is one reason why it’s important in case of any accident, even a minor one, to get the other driver’s insurance information.
• Is the damage involved a minor amount?  Consider filing against the other driver in small claims court.  Check with your local court to find out limits; most handle cases up to $5,000.  In the event you choose this option, be prepared to have your case referred by the judge for mediation.
• File a lawsuit in civil court.  While you most likely can handle minor small claims cases yourself, for a larger sum which requires a civil court filing, you’ll need a personal injury attorney experienced in handling auto accident cases.  There are two ways to proceed here – either by filing a bad-faith claim against your own insurance company, or suing the other driver on a negligence basis.  Which is most appropriate in your situation is something you should discuss with your lawyer.  “Bad faith” means that your insurance company didn’t deal with you in the manner it is obligated to under the terms of your insurance policy with them.  In return for accepting your insurance premium payments, they have agreed to do certain things, and your attorney may be able to show that they did not comply with the terms of the agreement.   For a negligence suit against the other driver, you may have a claim of automatic negligence if a traffic law was violated by the other driver.  You may also be able to show that the driver was negligent due to not using the same amount of care that a reasonable driver would use in a similar circumstance.

Auto insurance should protect you in the event of an accident, but if you’re having trouble recovering from your insurance company, please contact us for a free case evaluation.

 

 

 

Motorcycles Can Be Safe—When Driven Like Cars

Motorcycling is a brisk, thrilling, responsible mode of transport for millions of Americans, but the thrills come at a cost: the risk of deadly traffic accidents is exceptionally high. Although motorcycles comprise less than three percent of all road traffic, they account for 16% of traffic fatalities. Every step a motorcyclist can take to stave back the threat will be wisely spent if it makes the difference between sixty miles an hour and six feet under.

According to the National Highway Traffic Safety Administration, the following are basic measures all drivers should be familiar with:

• Pass the full spectrum of state-provided courses on motorcycle safety, even if they’re not required in a particular license year
• Adhere to the speed limit
• Drive defensively
• Be an expert turning corners

Another approach to safety is not to make the mistakes associated with most fatalities—4,502 in 2010:

• Look ahead. In two-vehicle crashes, motorcycles were struck in the front 75% of the time. Only 6% were struck at the rear.
• Watch for others turning left. More two-vehicle crashes occurred when the other vehicle was turning left.
• Really: don’t speed. Motorcyclists are 50% more likely to be speeding in fatal crashes than those driving passenger cars.
• It’s not just at night. Crashes are just as likely to occur in the day.
• The danger doesn’t flourish in the young. Only 26% of killed motorcyclists were under 30. A significant majority—56%—were over 40, and more middle-aged drivers died at night.
• Get a proper license. Motorcycle drivers are 83% more likely to be unlicensed at the time of the crash compared to automobile drivers.
• Drunk drivers crash alone. A majority of drivers who crashed alone were intoxicated.

The composite of motorcycle-related fatalities is one of older men out for impulsive, heightened physical stimulation: intoxicated, speeding, with unhelmeted hair coursing in the night wind, combined with inadequate licensure and a history of speeding convictions. The line between thrilling recreation and weekend fantasy can be difficult to draw, but those who drive motorcycles like they drive their cars are the ones who live; the survivors are the ones who can find the thrill in moderation.

The MN personal injury attorneys at Lord & Faris represent Minnesotans who have been injured in vehicle accidents, including motorcycle accidents.  But we’d much rather you stayed safe as you ride and avoid an accident. 

 

Injured In An Accident? Forensic Animation Could Play a Part If Your Case Goes to Trial

When an auto accident results in an injury, it often sets in motion a chain of events that could lead to the injury victim having to proceed to trial in order to receive fair compensation.  While most personal injury cases settle out of court, a few end up before a jury.  When that happens, one of the important aspects is reconstructing the accident so that the jury can more accurately envision what happened.

Expert witnesses who are trained in accident reconstruction are usually called to testify in accident injury cases, and usually use visual aids such as charts, slides, photos, etc. to support their testimony.  Advances in technology are providing more tools to help with this presentation, and one of the increasingly-popular ones is forensic animation, which was first used in a court setting in 1992.

Forensic animation is, in short, a digital presentation.  While this may be a new concept for many people, there are indications that it may become more common in court settings, for both criminal and civil proceedings.  One factor that may be affecting this trend is that young adults are accustomed to viewing digital images and find this technology easy to use and appealing.

The technology, however, does have its downside.  For instance, there is not current a mechanism whereby the court can determine if the animated presentation is accurate.  There are also factors that don’t come into play such as weather conditions, mechanical defects in the vehicle(s) involved, and just how the human body reacted inside the vehicle at the time of collision.  Also, there is still some skepticism regarding this type of presentation – could be be something the witness simply made up to show what MIGHT have happened, rather than an actual reconstruction of what can be demonstrated did occur.

Despite the current drawbacks, this technology shows signs of becoming more prevalent as courtrooms move into the world of high tech.

 

 

Watch Out for Distraction, Relaxation, Agitation, and a Failing Memory: Drowsy Drivers Are a Growing Road Threat

 

Everyone goes through different stages of alertness, exhaustion, curiosity, and disinterest every day, but driving alone down a dark highway after a full workday can be a challenge. For too many, unfortunately, as streets get more crowded, the workplace becomes farther from home, and commutes become longer, driving is more monotonous than ever.  But it’s also more dangerous when coupled with exhaustion, because recent studies indicate most Americans get insufficient sleep.

Drowsy drivers face greater risk of hurting themselves and other drivers on the road, and its acknowledged that drowsy driving is a growing threat to road safety. You can, however, learn to recognize the signs of drowsiness as you’re driving: it could make the difference in getting home safely.

Four large areas of bodily function account for most of the particular risk that drowsiness poses to drivers:

• Distraction. These days texting and Facebook take a lot of blame for distracting drivers that are awake, but daydreaming is a clear sign that your mind wants to be somewhere else.
• Relaxation. If your head falls down because your neck is too weak and your eyes get blurry, you’re definitely too relaxed, but that’s one of the last signs. An early sign is the reduction of normal stress. Before the head falls, the backache disappears.
• Memory. It’s hard to realize that you’ve forgotten something since by definition you don’t remember it, but you may notice that a dialogue on the electronic map needs to be closed or that highway exit numbers suddenly jumped.
• Agitation. Driving is fundamentally goal-oriented: you’re trying to go somewhere. Showing anger is one way of warding off threatening people, and while you can’t really frighten a car, that won’t stop your mind from trying. At the end of a long day, if you start berating your car for how green it gets whenever the in-laws are over, it’s time to rest. Ask any passengers to tell you if you suddenly get grouchy for no apparent reason.

Watching for these signs can help avoid an accident, but they’re measures of last resort. The real solution is to lower your risk of getting drowsy in the first place: find a job close to home and get a full night’s sleep during the weekdays. Catching up on sleep over the weekend won’t help you stay safe Thursday night.

Accidents are an inherent risk we all take when we drive, but all too often what are termed “accidents” were preventable.  Drowsy and distracted driving falls in this category.  The experienced and compassionate personal injury attorneys at Lord & Faris represent Minnesotans and their loved ones who have been injured or killed in vehicle accidents. 

Familiarity with Common Features of Auto Insurance Helps Buyers Choose New Plans

Most everyone who drives in the United States also carries car insurance, but selecting a plan that’s right for you can be daunting. Drivers can choose from a wide variety of options, but there are a few standard elements that all insurance buyers should be familiar with. Understanding the basics common to all plans can provide a solid foundation for comparison:

• Comprehensive coverage. In auto insurance, comprehensive coverage isn’t terribly comprehensive at all. The term generally excludes coverage for collision, damage to other cars, personal injury, and secondary property damage.
• Pre-payment deductible. The deductible is the amount you must pay yourself before the insurance policy pays anything at all. Although plans with high deductibles may have relatively inexpensive monthly premiums, make sure that you’re likely to be able to cover the deductible if the need arises. Deductibles are generally computed per-claim, rather than cumulatively over a year, making a careful assessment of a deductible’s affordability even more important.
• Property damage liability coverage. This refers not to property damage incurred by other innocent parties; it doesn’t pay for damage to your property.
• Bodily injury liability coverage. Like property damage coverage, bodily injury liability coverage provides reimbursements for bodily injury to others.
• Personal injury protection. Sometimes referred to as “PIP,” this feature covers your injuries, not the other driver’s. PIP may cover direct medical expenses incurred, funeral costs, and other compensatory damages such as lost employment compensation.

Although these definitions are found throughout plans, some insurers may vary their interpretations in subtle ways. Reading the fine print of any plan, even on the basics, is a step no buyer should ignore.  Choosing the right auto insurance for you could be important in the event you are involved in an auto accident.

Vehicle Accidents – Proving Who’s At Fault

When there is a vehicle accident, perhaps the most important issue to be determined is who is at fault.  Sometimes it is obvious, but assigning liability is not always clear, and to be able to make a successful claim against another party’s insurance company, you need to be able to prove that their insured was at fault.  Here are some points to keep in mind if you find yourself in this situation.

 Police Reports

 Police reports can be the strongest evidence of fault.  They are the official records of the accident based on the observations of one or more officers responding.  Police reports will note such things as distance measurements, placement of vehicles, notations of skid marks (which could indicate speed), damage, and whether or not tickets were issued for violations.  If witnesses are available, their statements are recorded.  If a police officer is called to the scene, be sure to ask how to get a copy of the report.  You’ll need it for your insurance company.

If there is no one injured in an accident, the police do not always respond.  Then it’s up to the drivers involved to make reports.  Occasionally insurance investigators will also get involved.

State Driving Laws

If there is a violation of your state’s driving code, this may be another form of evidence for liability.  Most Department of Motor Vehicles have state driving manuals available, and most state government websites publish them as well.

Determining Fault in Rear-End Collisions

 In almost all cases, if a vehicle is hit from the rear, the other driver is at fault.  However, there are exceptions to this.  Examples are:  nonworking tail lights, or if your vehicle was parked in the middle of a road.

Left Turn Accident Liability

Generally, the driver turning left is at fault in these situations.  Exceptions are if the turning vehicle was hit by a car which had come through a red light, or if the vehicle turning entered a clear intersection but then found an obstruction after beginning the turn.

Except in cases where liability or fault is clear, determining who is responsible for an accident can be a complicated process.  If you’ve been involved in a vehicle accident and you’re unclear as to your responsibilities, it’s best to consult an attorney experienced in vehicle accidents. 

Dealing with Your Insurance Company In the Event of an Accident: Important Steps to Take

Here are some “do’s” and “don’ts” to keep in mind when dealing with your insurance company if you’re involved in motor vehicle accident.  You may want keep a printed copy of this information in your car.

What to Do

1. Call your agent immediately, even before seeking medical attention, unless it is an emergency situation.  In that case, call your agent as soon as possible.
2. Photograph the scene of the accident, as well as vehicle damage and injuries.
3. Make a list of other items damaged.  You may have had personal property in your car that was also affected
4. Review your insurance policy – make sure you understand your coverage.  Pay  attention to the “coverage” and “exclusions” sections.  If you have questions, ask your agent.
5. Keep detailed notes of conversations you have with your insurance company.  Record dates and full names, titles, phone numbers, and names of supervisors.
6. Check for other applicable coverage such as homeowner’s insurance, umbrella policies, and possible coverage if a credit card transaction is involved.
7. Be honest  with your insurance company representative, even if it is embarrassing.  If you have withheld information that later comes out, your insurance company might deny coverage.
8. If your policy provides for replacement value, don’t settle for the actual cash value of your vehicle – there is a major price difference.
9. If you have other expenses involved with your claim, keep a list as well as the receipts.  Such expenses might include rental cars, mileage to and from doctor appointments, lost time from work, or meals and lodging.
10. Note time limits involved – your policy may state that you must bring a claim within a certain period of time.  Be sure to take action before that time.

What Not To Do

1. Until you understand your coverage, DO NOT give your insurance company a statement, either recorded or written.  Talk with an attorney if you have any questions.  Your insurance company cannot require you to give a recorded statement.
2. Insurance companies usually attempt to settle claims for the lowest amount possible.  DO NOT automatically agree to settle for your insurance company’s estimate of the damages.  Your actual costs could be much higher.
3. DO NOT sign anything without legal advice.
4. Read the fine print on any settlement payment, and DO NOT accept a check that states “final payment” unless that is your intent.

If you have any questions about your responsibilities and protecting your rights in case of a motor vehicle accident, contact the MN personal injury attorneys at Lord & Faris.

 

MN Vehicle Collision Injuries – A Personal Injury Attorney Can Help

Despite significant improvements in the safety mechanisms of cars, improved road safety and warnings, and extensive information taught in driver’s education, car accidents still cause a major percentage of injuries and wrongful deaths in the United States. If you have been injured in a car accident, there is important evidence showing who was liable for the accident and what the cause of the accident was. Someone must secure this evidence so that you will be able to receive financial help for your injuries.

Accidents Caused By Negligent Driving

One of the biggest causes of accidents today is carelessness while driving. If you were in a collision with someone who was disobeying, intentionally or inadvertently, a traffic law, then it is an accident caused by negligence. Other negligent driving habits include driving above or far below the speed limit, failing to use turn signals, using distracting devices such as music players or smart phones, or driving recklessly in hazardous weather conditions.  A person who is found guilty of driving negligently will most likely be responsible to pay for the damage to the car and the injured party. In order for this to happen, however, the injured party and their attorney must prove that the other driver’s negligence was the cause of the accident.

Drunk Driving And Irresponsible Driving

 A large proportion of fatal accidents are alcohol related. Intoxicated driving will usually lead to a criminal investigation, since drinking and driving and driving under the influence of drugs are against the law. The bar which served the drinks to the drunk driver may also be put under investigation.

Reckless, irresponsible driving refers to driving which is intentionally haphazard and erratic. Instances of reckless driving would be someone driving excessively fast, swerving through traffic, or driving with aggression. If you were injured by someone who was driving irresponsibly, then they are liable to pay for the damage caused to you and your vehicle.

Other Causes of Accidents

 There are some accidents which are not caused by either driver. In some cases, the car of either driver may have had a mechanical malfunction. Other causes might be road obstacles, broken traffic lights, construction, and fallen trees or power poles. For this type of accident, there are some vehicle laws that allow for lawsuits against the governing body responsible for the area in which the accident occurred.

Seeking Attorney Aid For Injuries

 In any type of vehicle collision injury, it is important to find a good attorney to help you get compensation. They will help you determine your legal rights by researching all the applicable traffic laws and state codes to make sure you receive the care you need.  The personal injury attorneys at Lord  & Faris are highly experienced in helping people injured in auto accidents to obtain the financial help they are entitled to.  If you’ve been involved in such an accident, call us today.  Toll Free 1-800-257-LORD or in the metro area, call 612-333-LORD.

 

 

 

 

Fault and Liability – What They Mean in an Auto Accident Case

Fault and liability are two terms to understand when considering the issue of an automobile accident.  While the two words are often used interchangeably , they do not mean exactly the same thing.    Who is “at fault” is determined by the degree a person is responsible for an accident.  Liability is the responsibility to pay for the resulting damage.  It is based on legal or moral obligations are as a result of a contract.  Liability may be someone other than the driver.  For example, in the case of a teenager living at home and driving his father’s car, the teen may have caused the accident, but the father is liable because he has insured the vehicle and given his son permission to drive it.

Fault is the degree to which we are responsible for an accident that results in damages.  The reality of life is that we all make mistakes, and often in an automobile accident there are several people involved, and responsible parties may include more than just the drivers.  Common law  recognizes four categories of fault.  These are:

• Strict Liability:  This type of fault is automatically assigned and is based on the nature of the action.  A good example  would be driving a pickup with the bed loaded with explosives.
• Recklessness:  Unsafe driving actions that are without consideration for the safety of others.  Examples  Driving while under the influence , driving 60 mph in a residential neighborhood
• Intentional misconduct:  Driving your vehicle with intent to cause injury to others.  Example:  Driving onto a sidewalk to deliberately kill or cause injury to a pedestrian.
• Negligence:  Careless conduct or neglect of care which causes injury or damage.  Examples would be as various as failure to maintain your brake lights in good order, failure to signal a turn, running a red light, or being distracted while driving (eating your burger or talking on your cell phone).

All states provide that anyone causing an automobile accident who does not In every state, anyone who doesn’t have liability coverage in at least the minimum amount established by law can have their personal assets seized and sold to compensate the injured party, who has a right to file a lawsuit to recover financial compensation.

Insurance companies who provide individual automobile insurance have endeavored to work with state governments so that most auto accidents do not end up in court.  Except in major cases such as those involving fatalities (vehicular homicide) which are subject to criminal proceedings, automobile accidents are classified as “tort” cases and go through civil courts.  While some major cases, like vehicular homicide, are crimes and are punished by criminal courts, all automobile accidents involving more than one party are tort cases and are handed in civil court.

There are laws in each state which the insurance companies use to determine whether or not their insured is financially liable for damages  sustained in an accident.  All insurance companies operating in that state use the same legal standards, which makes claim settlement fairly straightforward, even if multiple parties are involved.  For example, in a case where negligence  or recklessness is claimed , that driver is at fault and must pay for the damages unless it can  be proved that the negligent or reckless act claimed did not in fact occur.

Fault and liability in automobile accidents can sometimes be complicated issues. An experienced attorney such as one of the auto accident attorneys at Lord & Faris can help sort things out and establish your case.

 

By Priscilla Lord Faris