The Elmira Star Gazette reported that Steuben County officials identified the driver in a one car crash that occurred at about 5:00 A.M. on Wednesday, June 30, 2010, in Hornellsville.

Sheriff identifies driver in accident that injured 9

The Steuben County Sheriff’s Office named the driver in the one-car accident that injured nine teens Wednesday morning.

Six of the teens remain hospitalized today, deputies said.

The investigation is ongoing, the sheriff’s office said.

As I reported in an post earlier today, this terrible tragedy highlights a number of issues all parents need to consider.  Aside from the obvious concerns about underage drinking and teen drivers, an accident such as this with multiple victims raises several important questions regarding auto imsurance coverage.

Please take the time to read my earlier post, and do not hesitate to contact me if you have questions about your own coverage.  Many times coverage questions are asked after an accident occurs, and generally that is just too late.

Thanks for reading,

Christina

_________________________________
Christina Bruner Sonsire, Esq.
New York and Pennsylvania Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com
Blog: NYInjuryLawBlog.com

A horrific accident involving nine teenagers occurred at approximately 5:00 A.M. on Wednesday, June 30, 2010, in Steuben County, New York (near Corning).  Aside from highlighting the dangers associated with underage drinking and teen drivers, the accident raises several critical insurance coverage issues that every parent should understand.

According to the Elmira Star Gazette (full article pasted below, nine teens were injured in a one car accident in the Town of Hornellsville following an underage drinking party.

The parents of the nine injured teens are facing — or surely will face — tough questions with respect to how or if their children will be compensated as the teens begin the long road to recovery.

In general, parents of children injured in one-car motor vehicle accidents involving multiple passenger need to be aware of the following insurance coverage information:

1.  BASIC NO-FAULT COVERAGE – New York State Insurance Law requires every driver to provide at least $50,000 of Personal Injury Protection (“PIP”) to each passenger of his vehicle regardless of whether he caused the accident or not.  This type of insurance is generally referred to as “No Fault Insurance” because it is triggered even if the driver was not at fault.

What does this mean?  Every passenger in a vehicle is entitled to $50,000 of PIP coverage under the driver’s insurance policy in the event the passenger is injured in an accident.  In general, PIP covers economic losses such as lost wages and medical bills.

Why is this important?  Here, assuming the driver had proper insurance coverage, all nine teens (the driver is entitled to PIP benefits as well) are likely entitled to receive up to $50,000 to compensate them for their economic loss.  In addition, a passenger may be able to collect No Fault PIP benefits under his own policy once PIP iunder teh driver’s policy is exhausted.  This is called “stacking” PIP coverage, and it often allows a passenger to receive up to $100,000 to cover economic loss.

2.  ADDITIONAL NO-FAULT COVERAGE — Residents of New York are also free to purchase additional No Fault coverage in the event they or members of their families are seriously injured in an accident and their economic losses exceed $50,000.  The two primary types of additional coverage are called Additional Personal Injury Protection (“APIP”) and Optional Basic Economic Loss Coverage (“OBEL”).

What does this mean?  If you or a family member are seriously injured in an accident and your economic loss — again, I am primarily talking about lost wages and medical benefits — exceed the available PIP coverage ($50,000), APIP and OBEL can be triggered to cover your excess expenses.  In addition, as a passenger you may be able to collect against the driver’s APIP and/or OBEL coverage, depending on how the policy is written.

Why is this important? According to the Star Gazette article, at least three of the teens suffered serious injuries and were helicoptered to Strong Memorial Hospital.  A helicopter ride alone generally costs around $2,500, and it is safe to assume the medical bills for these teens could approach $50,000 very quickly.

The passengers first need to determine whether the driver had APIP or OBEL coverage.  If so, it is possible the passengers could be compensated for additional economic loss under the driver’s policy, depending on how it was written.

Next, if the teens’ parents have APIP or OBEL coverage, the teens will likely be considered “Resident Relatives” and will meet the standard to be named an “eligible injured person” under their parents’ polices.  (Important tip — MAKE SURE YOU HAVE APIP AND OBEL NO FAULT COVERAGE.  At Ziff we are willing to review your insurance policy FOR FREE. Just stop in or email us a copy of your policy to info@zifflaw.com.)

3.   LIABILITY COVERAGE– In addition to no-fault coverage, New York State Insurance Law requires all drivers to carry at least $25,000/$50,000  liability coverage.  What does this mean?  It means every driver on the road in New York is required to provide at least $25,000 of coverage to any one injured person for non-economic loss(things like pain and suffering, serious disfigurement and loss of enjoyment of life) because of his negligence.  If more than one person is injured, the total maximum recovery is limited to $50,000 regardless of whether two people are hurt or whether 20 people are hurt.  If there are more than two people hurt, those people would have to split the $50,000 “pie”.

Of course, drivers are permitted to carry — and, in my opinion, SHOULD carry –  much higher liability coverage.  Why is this important?  In an accident such as this — where I am speculating at least eight people sustained serious injuries due to the driver’s negligence — it is possible the maximum amount of liability coverage available to compensate their non-economic losses  is only $50,000, in the event the driver only had a minimum policy.  In other words, unless the driver had enhanced liability coverage, the seriously injured passengers may only have a total pot of $50,000 from which to be compenstated for their non-economic losses.

4.  THE MOST IMPORTANT COVERAGE I HOPE THE PASSENGERS CARRIED– SUPPLEMENTAL UNDERINSURED MOTORIST’S (SUM) COVERAGE– Fortunately, like No Fault, residents may purchase Supplemental Underinsured Motorist Coverage (“SUM”) to avoid the situation described above.  SUM policies of $250,000/$500,000 or $5000,000/$1,000,000 or even higher can be added to almost any insurance policy, and generally cost less than $15.00 PER YEAR.  In my opinion, this is the best money you could spend to make sure you and your family are best protected in the event something really bad happens.

What does this mean?  In the event the driver who caused an accident does not have enough liability protection to fully compensate the people whom he injures, the injured person can trigger his own SUM policy once the full amount of the driver’s policy has been tendered.

Why is this important?  If the Steuben County teens have sustained serious injuries and the driver has a small liability policy, it is likely at least some of the injured teens are not going to be fully compensated for their non-economic losses.   If the teens’ parents have SUM policies, it is possible the teens could meet the “Resident Relative” standard (described above), and trigger their parents’ additional liability coverage.

HOWEVER, New York law is tough in this regard.  In a recent case, the New York Court of appeals held an insured’s SUM policy is NOT triggered unless the amount of the SUM policy is greater greater than the liability policy of the negligent driver, even if the injured party actually collects less than the SUM coverage because of multiple claimants.

Clearly much of this blog post is speculative, but it gets to the heart of some of the most pressing insurance questions.  Bottom line — parents need to protect their families!  Make sure you have adequate No Fault coverage — including APIP and OBEL — and spend the extra dollars each year to buy the biggest SUM policy possible.  Hopefully you will never need it, but if the day comes you will sure be glad you are protected.

I will be following the developing news about this crash and will provide updates as they become available.

Again, bring your insurance policy to Ziff Law at ANY TIME and we will review it for free.  It may be most worthwhile 5 minutes of your entire week!

Thanks for reading,

Christina Bruner Sonsire

Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com

Here’s the Elmira Star-Gazette article:

Nine teens packed into car are injured in crash

Nine Steuben County teens packed into a small sedan were injured — six of them seriously — in a one-car accident Wednesday morning in Hornellsville.

County Sheriff Joel Ordway said the car, a 2004 Chevrolet Cavalier, was speeding west on county Route 109 when the driver lost control on a sharp curve about a quarter-mile east of Lain Road and drove into a ditch.

The car continued about 135 feet, struck a concrete culvert, became airborne for 25 feet, overturned and landed on its side in a driveway, deputies said.

Ordway said the crash occurred about 2 miles from the underage drinking party, which was a birthday party. He said alcohol and the car’s speed were factors in the accident.

When emergency responders arrived at the scene, they found nine teens “on top of each other” inside the car, Ordway said.

It was not clear where in the car each of the teens was seated before the crash, though Ordway said they were likely “on top of one another” before the crash. Nobody was riding in the trunk, he said.

Ordway said he knows who was driving, but was not ready to release that information Wednesday afternoon because the investigation is still in progress.

“We’re just going to continue with the investigation,” Ordway said. “In the next couple days, we’ll have some charges, not only on the operator, but also on the source … who provided the alcohol prior to” the crash, he said.

Six of the nine teens in the car suffered serious injuries; one of them suffered a life-threatening head injury, Ordway said.

Emily S. Mayorga and Dylan Henry, both 18 and from Canisteo, and Taylear K. Maiello, 17, of Hornell were taken to Strong Memorial Hospital in Rochester by helicopter. All three were listed in guarded condition Wednesday, according to a hospital spokeswoman. Branden S. Mulhollen, 17, of Canisteo, also was taken to Strong for treatment. His medical status was not available Wednesday.

Bethany Jones, 17, and Carleenea L. President, 18, both of Hornell, were taken to Robert Packer Hospital in Sayre. Both were listed in stable condition Wednesday.

Ordway said the car was traveling between 71 and 78 mph at the time of the crash. The speed limit on the road is 55 mph, though the suggested speed on the downhill curve where the car left the road is lower, about 40 mph, he said.

County Road 109 was closed for several hours Wednesday.

The crash is reminiscent of another serious crash involving underage drinking in western Steuben County in 2007.

That September, three teens and a 21-year-old man were killed when a car hit a concrete abutment and went into Sugar Creek off of state Route 248 near Jasper. Police said all four had been drinking alcohol before that crash.

What the REAL Questions Are:

• What do I do now that my car or truck has been damaged?
• Do I have insurance coverage for the damage?

Here are some tips to help you understand insurance and repair issues for your car or truck.  The information below is talking about coverage in New York but the coverage issues are similar in other states.  If in doubt about your state, talk to a knowledgeable agent or lawyer.

First, Notify Your Insurance Agent/Carrier of Your Damage ASAP

Because most insurance policies require prompt notification of any accident or damage as a requirement for coverage, you should immediately notify your insurance agent of the damage to your vehicle.  Make sure to document the date, time and person who you notified of the damage.  To be extra careful, it is a good idea to confirm your notice either in an e-mail or letter.  Better safe than sorry!

Once you have notified your agent, your experience will be shaped by the type of insurance coverage you purchased to cover any property damage to your vehicle.  Below is a discussion of some of the typical types of coverage:

Collision vs. Comprehensive Coverage

On your own car insurance policy, you can purchase insurance to protect your car from damage.

Collision Coverage protects you from accidents which are deemed your fault.  If you crash into another car, building, tree, etc., Collision coverage will pay to fix it.

Comprehensive Coverage protects you from damage to your car or truck caused by deer or other animal crashes, theft, flood, vandalism, or other events not involving collisions.  If your car is damaged by one of these events, your comprehensive coverage will reimburse you.

If you finance or lease your car, you will likely be required to purchase both Collision and Comprehensive coverage.  It is also a good idea to purchase this coverage if you have a relatively new car which would be expensive to repair or replace.  The cost of Collision or Comprehensive coverage can be reduced by increasing your deductible, which is the amount you have to pay yourself before the insurance company must start paying for damage or loss.

Glass Coverage

This coverage pays for damaged glass to your car and often this coverage has a $0 (zero) deductible.

GAP (Guaranteed Auto Protection) Insurance

If your car or truck is crashed and “totaled” (cannot be repaired for less than its value), then you might end up owing more to your bank or lease company than your insurance will pay you for your car.  Insurance must pay the Actual Cash Value (ACV) of the car, which is often much less than you owe because vehicles depreciate in value quickly.  GAP insurance will make up the difference so that you do not end up upside down on your loan or lease.  If the ACV is $10,000, but you owe $15,000 on your loan or lease, GAP insurance makes up the $5,000 shortfall.

Tips for Cars That Have Been Declared a “Total Loss”

If the insurance company decides that your car will cost more to fix than its ACV, it will be considered a “total loss.”  If the car was totaled because of a collision caused by another driver, you can make an insurance claim against that driver or with your Collision coverage.  Talk to your attorney and insurance agent to decide which would be best for you.

When your car is declared a total loss, consider the following:

• Tell the appraiser about recent repairs and special equipment on the car.  Make sure that all of your car’s options and upgrades have been included in the appraisal and the car’s condition was properly rated.
• Research car values and sales on the Internet.  Do not accept the first offer – negotiate a fair price.
• Insist on a fair number of days in the rental car to allow you to find a new car.

Tips for Fixing Your Wrecked Car

The insurance company may try to steer you to their “approved shop.”  Beware of the potential conflict of interest.  If the shop does substantial work for the insurance company, there may be a motive to cut costs in repairing your car.

You have the right to choose where your car will be repaired.  Get a referral from someone you trust.  Check references and research the shop’s reputation. With that said, I don’t mean to imply that all “approved shops” are necessarily bad. For example, Elm Chevy and Gary’s Body Shop are good examples of reputable dealers who work with State Farm, Allstate, Erie, etc.

Using an approved shop sometimes eliminates the need for an adjustor to come out and see your car, especially with small claims like deer or fender benders.  But YES, the customer can go anywhere they want to fix their car.

Also, be sure to ask what parts will be used in the repair, Manufacturer Parts, After-Market Parts (non-Manufacturer but new), or Used Parts from a junk yard.  Although your insurance policy usually governs what type of parts can be used, you have a right to know what will be used and why.

If the collision was the fault of another driver, you can choose to go through the other driver’s policy or your own Collision coverage to get the car fixed.  Talk to your insurance agent, attorney and body shop about which would be better given your situation.

Rental Car Coverage

Not all policies have rental car coverage, so it is important that you carefully review your policy to see the exact terms of your coverage.

My thanks to Peter Wallin at Wallin Insurance for his input on this post.

I hope this helps you understand the confusing world of car damage coverage.  Feel free to post any questions you may have in the comments below or E-mail me at jreed@zifflaw.com.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

The answer is YES, unfortunately.

I want to share details about this answer from the official N.Y. Insurance Department website. It’s important for drivers to understand just how the insurance companies justify charging you more and the terminology they use.

Such an increase is known as a surcharge. Surcharges are based on the fact that a driver who has previously been at fault in one or more accidents, or has a record of traffic convictions, has an increased likelihood of being involved in future accidents.

Insurers “classify” drivers according to criteria such as:

• Age
• Location
• Vehicle type and mileage

To further refine those classifications, many insurers use “merit rating plans,” a point system in which increases are applied according to an individual driver’s record (traffic convictions and accidents).

Surcharges are applied to liability (bodily injury and property damage), collision and no-fault (PIP) coverages, and are only allowed for:

• Accidents involving bodily injury, or losses to property in excess of the accident reporting threshold ($1,000), where the insured driver is at fault, or
• Convictions for certain violations which are chargeable under the Insurance Law.

No-one intends to get a traffic ticket or have a car accident. A surcharge may seem almost like a punishment, but it really a way for the insurance company to balance premiums against risk.

A surcharge is used as a tool to properly price the exposure the insurer is writing, NOT as a means to recoup payment made under a claim.

Another important point: The total dollar amount paid as the result of a claim does not affect the surcharge. For example: An insured person being surcharged for a particular accident will pay the same amount regardless if the damages were $10,ooo or $50,000.

Thanks for reading,

Jim

_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com www.zifflaw.com

E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

Roy was asked: Can an unemancipated child be held “legally responsible” to a parent for crashing mom’s car into the garage?

He answered: In New York, the answer is yes. In 1969, in the case of Gelbman v. Gelbman, the New York Court of Appeals abolished the intrafamily immunity doctrine and permitted a mother to sue her unemancipated minor son for injuries she had sustained in an auto accident while riding as a passenger in a car her son was driving. Gelbman remains “good law” in New York.

But then Roy went on to ask the really relevant and practical question: Is there insurance coverage for the kid crashing the car into the garage?

Roy answered by saying that there probably is coverage for damage to the garage (but not its contents) under a homeowner’s policy and “there would also be liability coverage favoring the child under a personal auto policy that provides coverage for “damages for … ‘property damage’ for which any ‘insured’ becomes legally responsible because of an auto accident.”

Roy’s parting tongue-in-cheek comment is that while you might be able to successfully sue your kid for wrecking your car and your garage, and even though there might be insurance coverage to cover it, you might face non-renewal of your insurance coverage when your policy is up for renewal. That certainly is food for thought…

Thanks for reading, Jim
______________________________

James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: http://www.zifflaw.com

Please visit the New York Injury Law Blog at: http://www.NYInjuryLawBlog.com

Email me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

I just received a compelling money-saving tip from my good friend Peter Wallin, of Wallin Insurance in Elmira.

Peter’s most recent edition of the Wallin Insurance Newsletter included a tip about the New York state Defensive Driving Class – a class that can save you 10% on your auto insurance. Maybe you’ve heard of the class before, but the latest twist is that the course is now offered ONLINE.You don’t even have to leave your house to become a better driver!

The New York DMV-approved test is offered online at a number of sites. The one recommended by Wallin Insurance is I Drive Safely, www.idrivesafely.com.

Here is Peter’s personal assessment of the class:

1. It does take 6 hours but you can take breaks along the way – you actually have 30 days to complete the course from the comfort of your own home.
2. There are videos and cool demonstrations that make it interesting.
3. There are 6 modules with quizzes at the end of each. If you pay attention to the material it’s fairly easy.
4. The class has a unique voice verification system where they call you several times during the class to confirm that YOU are actually taking the class yourself.
5. Once you complete the class your official certificate will be mailed to you – and it’s good for 3 years.

The cost of the class is $48.95. All the drivers in a household can take the course, and it can save each 10% on their current auto insurance rate for 3 years.

In addition, Wallin Insurance is even offering a $20 personal refund for clients who take the test.

It’s only smart – save and play it safe!

You can e-mail Peter Wallin at Peter@WallinInsurance.com and visit www.wallininsurance.com to sign up for the newsletter yourself.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
NY Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

What SUM means for drivers

Many New York residents are unaware of the imperative to purchase Supplemental Underinsured/Uninsured Motorist (SUM) coverage.

What SUM provides is coverage from your insurance company to protect you and your passengers if the other driver is driving illegally without insurance, or driving with policy limits that are not high enough to cover your damages.

New York state requires insurance companies to offer this coverage, up to the amount of liability coverage on your vehicle. However, the insurance company does not have to automatically increase a motorist’s SUM limits to equal their liability limits. (Things are different in Pennsylvania, where I also practice. There, SUM limits increase automatically with liability limits.)

Now, legislation has been introduced by Assemblyman J. Gary Pretlow (D-Westchester) that would make insurance companies do the same in New York State.

On Assemblywoman Lupardo’s request, I’ve sent her a copy of my book, “Learn the Five Deadly Mistakes that Can Kill Your Accident Case.” I’ve let her know of my support for this new legislation. I think it’s vital coverage that many of my clients over the past 23 years could have benefited from.

As I wrote to Assemblywoman Lupardo, it only makes sense that if you are going to purchase additional liability coverage to protect others, you certainly would want to make sure that you and your own family have the same coverage in the event of being injured by an uninsured or underinsured driver.

I urge my readers to let your state assembly representatives know that this consumer protection legislation is important to you. If you would like to know more about this issue, visit the Ziff Law Firm website to request a free copy of my book for yourself, or e-mail me directly. Don’t hesitate – I know from experience that very few people know about or have SUM coverage. The premiums are low, but the consequences are high if you don’t have SUM insurance.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

One in six drivers won't have insurance.

Every day it seems that there are crazy new consequences of the recession.

• Boaters are sinking their own boats to avoid paying slip and maintenance fees.

• People are letting their horses go free to avoid paying boarding and feed costs.

• Libraries are becoming physical and emotional support centers.

Times are VERY tough. As a personal injury lawyer in New York and Pennyslvania, one of the scariest stories I’ve heard is that the recession is causing drivers to let their auto insurance lapse.

But it’s the law, not a luxury!

MSN.com just reported that a new study found 1 in 6 motorists won’t have auto insurance coverage by the end of the year.

The news story “Economy leaves millions of drivers uninsured” told how the Insurance Research Council predicts a sharp increase in the number of uninsured motorists on the road, a direct consequence of the economic downturn.

More than 16% percent of drivers will be uninsured. That’s about 33 million drivers in the U.S.

I don’t know about you, but I DON’T like those odds.

I wrote a book about auto insurance in New York. I put the most important things I learned during more than 20 years as a New York personal injury attorney into it.

“Learn the Five Secrets to Buying Auto Insurance in NY” explains how you can protect yourself from uninsured drivers by purchasing a special type of insurance. It’s even more vital for you to know about this coverage now – when the chance is high that you could be in an accident with an uninsured driver.

The SUM secret

I’ve long considered Supplementary Under-/Uninsured Motorists the MOST IMPORTANT COVERAGE you can buy.

SUM coverage is not popular with insurance companies because the premiums are low and the potential payouts are high. ASK YOUR INSURANCE COMPANY REP ABOUT SUM COVERAGE.

SUM will cover you and your passengers in the event that the other driver is driving illegally without insurance, or driving without adequate insurance to cover your damages.

The recession is one more reason why EVERYONE must be sure they have adequate SUM coverage. You CANNOT count on the other guy have sufficient coverage to protect you and your family.

I know I’ve beat this drum before, but the tune has changed. I can’t stress the SUM subject too many times – especially in light of this new research.

Be safe,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Related articles by Zemanta

• Too Many Drivers Light on Insurance Coverage, Elmira Accident Attorney Warns (zifflaw.com)

You’re nodding in agreement, I bet. But do you truly realize what that means? Some common standards of business ethics go by the wayside when it comes to insurance companies and claims.

I just read a great blog post, “My First Experience with Adjuster Law‏” by Myrtle Beach trial lawyer David Swanner. He does a fantastic job of describing some of the methods insurance company adusters use to manipulate plaintiff attorneys.

Insurance companies manipulate facts

Swanner writes about the first time he met a Geico “super adjuster” who came to wrap up a bunch of cases all at once. The adjuster didn’t pore over the claimants’ medical records or study their demands. She glanced at the files and came up with one snap reason after another why she didn’t think the cases were valid.

Seeing this happen to five cases in a row, Swanner realized something every personal injury attorney and every accident claimant needs to know: the insurance company will look for any plausible reason to NOT PAY a settlement.

Here are some examples of things adjusters might say about your claim:

• You went to the doctor too quickly. You must be faking an injury.
• You waited too long to see the doctor. You must not have a real injury.
• You’re too young. Your injury will go away.
• You’re too old. Your health problems don’t stem from the accident, but from pre-existing conditions.

It’s kind of like the fairytale about Goldilocks – except insurance adjusters are determined to NEVER declare anything “just right.”

Insurance companies manipulate people

The Ziff Law Firm has a newsletter, “Legal News You Can Use” (sign up to receive your copy here). In the Spring 2008 issue, we featured a story about an insurance company that placed investigators undercover in a church support group to spy on a couple with an accident claim! Unbelievable.

I deal with insurance company BS every day. I know that you have to combat their tactics with the honest facts and the hard work of preparing a strong case. They have adjusters and lawyers on their side – shouldn’t you have an attorney working for your best interests on your side?

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Related articles by Zemanta

• Beware the “Good Cop” Insurance Adjuster, Elmira Attorney Warns (zifflaw.com)
• Get Paid Fast! Accident Victims’ Right to Prompt Payment of Insurance Claims (zifflaw.com)

The Ziff Law Firm’s “Accident and Car Crash FAQs” answers many important questions about handling insurance companies in the aftermath of a car accident.

In all of your dealings with the other driver’s insurance company, never forget that it is their JOB to pay you NOTHING or as LITTLE as possible.

Three reasons to beware the “friendly” insurance adjuster

It’s not unusual for an insurance adjuster to offer a tiny settlement, seemingly out of the goodness of the company’s heart. He may say something such as, “Sorry, but you don’t have a serious injury as required under New York state law. However, since we feel bad about what happened to you, so we are willing to pay you $500.″ This is wrong, improper and even illegal for this adjuster to do this.

1. He’s not YOUR lawyer (he’s not even a lawyer AT ALL) so it’s completely improper for him to be giving legal advice to you.
2. At the time this offer may be made, it is often way too early to tell whether you will have a serious injury or not. Many people don’t know the full extent of their injuries until months after a car crash.
3. Do you TRULY believe the insurance company wants to pay you $500 because they feel bad? No way. They are paying you $500 because they want your signature on a Release.

How a Release gets the insurance company off the hook

A Release is a legally binding document that says you are giving up ALL rights (both past and future) in exchange for the money. Once you sign it , your case is gone FOREVER – even if it soon turns out that you need surgery….. even if you begin to have serious health problems that disable you from work…. even if you suffer a complication from the injuries you suffered in the accident.

Bottom-line advice

You need YOUR OWN ATTORNEY to give you proper advice about whether you should settle your case or not.

If you are in doubt, e-mail me or call 800-ZIFFLAW. After discussing your case, I can tell you if what you are being offered is fair. Don’t worry, asking for advice does not obligate you to hire us. We won’t give you a hard sell, but we will help you figure out whether the insurance company is trying to take advantage of you or not.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com