Can I Sue My Kid for Crashing My Car Into My Garage?

Posted on August 21, 2009 by Jim Reed

For all of us who have teenage drivers in the house, I just read a great post by NY Insurance coverage expert Roy Mura entitled: Suing the Kid for Crashing the Car Into the Garage. I strongly urge you to read Roy’s full post but the highlights are below:

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.

Online Course Can Cut Your Auto Insurance Cost

Posted on June 19, 2009 by Jim Reed

Like saving money? Who doesn’t! (Especially in this economic climate!) defensive-driving

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:

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.
There are videos and cool demonstrations that make it interesting.
There are 6 modules with quizzes at the end of each. If you pay attention to the material it’s fairly easy.
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.
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

Insurance We Truly Need: Proposed Law Would Make Changes to Protect New York’s Motorists

Posted on May 19, 2009 by Jim Reed

I recently met with Assemblywoman Donna A. Lupardo (D-Endwell) on behalf of the New York State Trial Lawyers. It was wonderful to meet with Assemblywoman Lupardo, in part because we got to discuss briefly an issue that is EXTREMELY IMPORTANT to all New York State drivers.

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

Accident Attorney Warns: Bad Economy Means Millions Lack Auto Insurance

Posted on April 14, 2009 by Jim Reed

Insurance Research Council study finds 16 percent of US drivers may not have insurance.

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

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

Insurance Adjuster’s BS: Excuses and Outright Lies for NOT Settling Your Claim

Posted on March 24, 2009 by Jim Reed

Let me share one cold, hard fact with you. Insurance companies are more interested in making profits than in assisting their customers.

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.

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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

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)

Do NOT “Release” Other Driver’s Insurance Company From Obligation to Pay

Posted on March 5, 2009 by Jim Reed

42-15535403 If you have been involved in a New York auto accident, you should NEVER, EVER take your legal advice from the insurance adjuster for the other driver.

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.

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.
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.
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,

Tough Insurance Lesson Learned From Local Restaurant Fire

Posted on February 25, 2009 by Jim Reed

It’s been big news in the Twin Tiers: landmark Corning eatery Sorge’s suffered a devastating fire in December.

There are plans to rebuild, but issues have come up in the aftermath of the fire that are important lessons to everyone who depends on insurance to come to the rescue after an accident. And who doesn’t fit that description?

In a recent story, “Sorge’s Restaurant was ‘Under-Insured,”‘Owner Says,” WETM reported that Mike Sorge wished he would have re-evaluated his insurance policy before the flames broke out. Sorge found that the “replacement cost” policy he had won’t cover the costs of restoring the restaurant.

Sorge’s learned the hard way – having the wrong insurance or not enough of the right insurance can cost you A LOT of money. Lots more than you would have paid in premiums to have the RIGHT coverage.

I am no expert on fire insurance, but I have learned a lot about auto insurance in my more than 22 years of handling car accident cases. That’s why I wrote a small, but informative book about car insurance coverage that EVERY New York resident should have. If you are from New York state, you NEED a copy of “Learn the Five Secrets to Buying Auto Insurance.” Click on the title to follow a link to your FREE copy. insurance_book

What you can learn from my New York auto insurance book:

How you can figure out exactly what situations you are covered for.

How you can know your insurance agent is telling you everything you should know.

How to select the best insurance plan for your family

Mike Sorge is sharing his hard-earned knowledge with other small-business owners in a series of Disaster Preparation workshops. When you know something from experience, that isn’t common knowledge and can help people, you want to share it. Take advantage of what I’ve learned through the years by getting your free copy of my book.

Thanks for reading,

Too Many Drivers Light on Insurance Coverage, Elmira Accident Attorney Warns

Posted on February 14, 2009 by Jim Reed

There’s no arguing – or changing – the fact that accidents happen. Add to life’s essential element of chance the fact that people take risks when driving: Going over the speed limit, falling asleep, talking on cell phones, pushing through lights and passing on curves… The list of violations goes on. You see or on the road or hear about it on the news almost every day.

The truth is you can’t entirely protect yourself from a car accident – short of becoming a hermit on a deserted island – because you can’t control all the factors of the environment. There are two things you can do, however: Drive responsibly, and have the best insurance options in case fate takes a hand.

Three types of auto insurance

No-fault: Every car in New York State is required to carry no-fault insurance to the tune of $50,000 in coverage. No-fault covers the driver and passengers for medical expenses and lost wages regardless of who was at fault in causing the accident.

Liability: Basically, liability insurance, unlike no-fault insurance, is concerned with who caused an accident. Liability insurance provides coverage to those who have been injured by the negligent driving of others.

Every car in New York State is required to carry a minimum of $25,000/$50,000 in liability coverage. Liability coverage kicks in when two criteria have been met:

You have been seriously injured, as defined in the insurance law. (An experienced personal injury attorney can help you determine if you meet these criteria.)
The other vehicle caused the accident.

Supplemental Underinsured Motorists’ coverage: The required liability limit in New York state is low -only $25,000. Maybe (I hope not!) you have an understanding of how far $25,000 goes in a hospital. It’s not enough in many cases to cover damages and injuries. SUM coverage offers additional benefits if you are hurt by a negligent driver who is only carrying minimum liability coverage.

Better SUM than sorry

You should have at least as much SUM coverage as liability coverage. Ask your insurance carrier about your SUM coverage – it’s usually only a small additional fee to beef it up.

Sad to say, but often the most dangerous drivers are the ones who carry the least amount of insurance coverage.

Control what you can – and be prepared to handle what you can’t control.

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

Beware the “Good Cop” Insurance Adjuster

Posted on February 10, 2009 by Jim Reed

It’s a cliché in crime movies: the Good Cop that acts like a best friend vs. the Bad Cop, who is mean and puts pressure on suspects. The thing is, taken together, these two extremes add up to a Smart Cop Team, because they use psychology to get cases wrapped up.

Insurance companies use the same strategies to take care of claims. What you MUST know is that the insurance company is looking to save money.

Beware the Good Cop Insurance Adjuster

Accident victims are vulnerable. It’s just that simple. They are dealing with their injuries, trying to figure out what their rights are, and desperately worried about looming bills. (If you’ve been in an accident, you should also check out our Accidents and Car Crash FAQs.)

Believe me, the insurance company knows about an accident victim’s state of mind. Many insurance companies have developed training programs to teach representatives how to convince people to sign off on their rights, thereby signing off on any and all claims they could have from the accident for all time!

The strategy is codenamed ESO or “Early Settlement Opportunity.”

Top Three skeptical statements

A Good Cop insurance adjuster may say a lot of things to develop a rapport with an accident victim. They may stress the heartfelt concern of the insurance company and the urgency they feel to settle your claim. They may even share a personal story of an accident experience! But you should really watch out for the following three assertions:

1. The Good Cop may say you don’t need your own attorney and that an attorney will only take one-third of what you recover.

The truth: Yes, the usual attorney’s fee is one third, but a national study revealed that accident victims represented by attorneys received settlements about 300% larger that people who did not have representation. That means double the settlement amount, even after an attorney’s fees are paid.

2. The Good Cop says you must have suffered a “serious injury” in order to bring a claim.

The truth: Yes, it is true – but do not take their word that you have not suffered a “serious injury”! For one thing, only medical professionals are qualified to assess your health, and secondly, it may take some time for the full extent of your injuries to be known.

3. The Good Cop says the insurance company won’t offer you a cent more if you hire an attorney.

The truth: That’s just totally false. At the Ziff Law Firm, we’ve had settlements time and time again that were many times larger than the original offer.

Want to know more?

I’ve written a book about accident cases and your rights, “Learn the Five Deadly Mistakes that Can Kill Your Accident Case.” It’s free to New York and Pennsylvania car accident victims, because I know the strategies the insurance companies use – and so should you.

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

Three Deadly Deadlines in Filing N.Y. No-Fault Claims

Posted on February 6, 2009 by Jim Reed

If you have been hurt in a car accident in New York State, it’s reasonable to expect you will be compensated by no-fault insurance.

After all, every car in New York State is required to carry $50,000 in no-fault coverage. But there are steps you must take to receive benefits under no-fault insurance.

Three deadlines you can’t miss

What does an injured party need to do to receive compensation? For a start, you must file notices and claims within a certain time period.

In order to have a claim handled by the no-fault insurance, a Notice of Accident must be filed with the proper no-fault carrier within 30 DAYS of the accident.
A health care bill requires that a Proof of Claim be filed within 45 DAYS of the treatment.
To receive compensation for lost salary and wages, a Proof of Claim for Work Loss Benefits must be filed with the insurer within 90 DAYS of the missed work.

Few excuses accepted

The deadlines may be extended, but ONLY if you, the injured party, can submit written proof that it was impossible to comply due to circumstances beyond your control. That is a difficult standard to meet.

Deadlines, forms, statements, etc. – there are many complications on the way to receiving what is justly due to an injury victim. An experienced personal injury attorney can help you keep track of all the steps you must take to have your claims compensated.

For more answers to your questions about auto accidents, insurance and injury claims, be sure to visit the Ziff Law Firm’s Accidents and Car Crash FAQs.

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