Articles Posted in Insurance

thWatching the Syracuse University basketball squad get scorched by North Carolina was tough. It seemed that North Carolina just could not miss a shot.  Their three pointers seemed to swoosh in just as easily as their shots from within the paint.  And SU?  They could not seem to even score a foul shot.  Where was the miraculous Syracuse team we saw only a few days ago pull off an amazing come-from-behind victory over number-one ranked Virginia?

Yes, despite playing their heart out, the SU team lost.

Every good personal injury lawyer knows the feeling.  That’s because good personal injury lawyers sometimes try tough cases, where the odds are stacked against them.  They take risks.  And sometimes they lose.

NYCMGEICOPROGRESSIVEAs a New York car accident lawyer, I have been on the other side of car insurance adjusters for decades now.  So I know the score.  I know our respective jobs.  They are supposed to try to pay a little as possible to save their employer money.  I am supposed to get as much for my injured client as possible.  I get that.

But what I don’t get is why a few of the auto insurance carriers — not all — seem to believe that offering my client an unreasonably small amount of money to settle actually saves their employer money.  Most of them understand that, if they offer me something on the short side of reasonable, but still within the range of reasonable, my client will probably take it to avoid having to go through protracted litigation and a stressful trial.  This saves the insurance carrier money because they don’t have to pay a lawyer to defend a lawsuit and because they don’t have to risk a big verdict at trial.

But a few “bad” car insurance companies don’t get that. Instead, they feel that unless they make my client settle for  1/2 or even 1/3 the value of the case, they have not done their job.  That just makes me sue them, and then they have to pay their lawyer to defend the case, and on top of that they have to pay my client the reasonable verdict the jury will likely give my client and which they should have offered me to begin with!  So they end up making their employer pay more, not less.

Flying copter with their gear on the background of a beautiful sunset.
Just the other day I blogged about a soon expected explosion in drone injury lawsuits. To summarize, this December, those drones look lovely all wrapped up under the Christmas tree, but soon they will take to our skies.  And fall from those skies.  Fall on things.  And on people.

If sales projections are accurate, tens of thousands of novice recipients of these gifts will try their hands at the controls of these small, unmanned aerial vehicles with spinning and unguarded rotors.

And guess what: Some folks are going to get injured!

insurance policy A New York resident is on vacation and has stopped into a rental car agency.  Let’s listen in:

Customer“Hello, I came to pick up my rental car.  I was told it was $30 per day”.

Salesman “Sure, but you should really get the “rental insurance” on it for an extra $10.  Otherwise, you may be responsible for any damage to the car or injuries to others.”

insurance policyWe made this offer in our latest Newsletter and had a solid response from our readers. So we are now offering it to our blog readers as well:

We are offering all our NY State readers a free auto insurance review.  Why? We see it time and time again. A client comes to us with severe personal injuries suffered in a car accident. The at-fault driver has only minimal car insurance, not enough to cover all the lost income or medical expenses. Our client’s hard-earned finances are wiped out. Sometimes they need to go on welfare. You can’t get water from a rock. So if the guy who hits you does not have enough insurance, and he has no real assets to go after, you are stuck between a rock and a hard place. UNLESS you have had the foresight to buy the right kind of insurance yourself. And buying it is not expensive. It’s just a matter of knowing what to buy. You just need a little advice on how to structure your insurance policy.

Time out. Here’s a quick quiz: Do you know what SUM (Supplemental Underinsured Motorist) coverage is? What about “spousal coverage”? How about “APIP” (additional personal injury protection) If you don’t, you need to talk to us. In our experience, many insurance agents do a very poor job of educating their clients about choices in insurance policies. They often want to take your money without doing the work it takes to get you the right protection.

boatingEveryone knows that driving while intoxicated (DWI) is a serious crime that can land you in jail. But few people know about boating while intoxicated (BWI) laws.

When we think of boating, we think of relaxing or even partying on the water, often with a cool beer in hand. We would never even consider doing the same while driving a car!

But the popular image of boozing while boating as “acceptable” behavior does not match the current state of the law in New York State. In 2006, Albany finally woke up to the statistical fact that boating while intoxicated is just as dangerous as driving a car while intoxicated. It thus passed a law ratcheting up the criminal penalties for boating while intoxicated to match those for driving a motor vehicle while intoxicated. And the BWI blood count limit is 08%, same as for driving a car. (The legal limit for minors is .02%).

courtroom-thumb-300x199I read recently about the case of a man charged with attempting to murder his mom by ramming her with his SUV as she sat in her living room. He ran it right through the wall. Why? Apparently he had a financial dispute with her. In my humble opinion, that’s a pretty lame excuse for murdering your mother. And geez, the weapon he chose was pretty bizarre, too.

The guy obviously has a screw loose, or more likely a brain full of loose screws.

The mother, of Mamakating, in Sullivan County, NY, ended up in the hospital with severe injuries. The son/driver, of Bloomingburg, NY, was charged with several crimes, including second-degree attempted murder. (Shouldn’t there be a separate and more severe charge for attempted mom murder?)

stalker.jpgThe “Creepy Jury Stalker” story, straight from my hometown, Syracuse, New York, has gone “viral”. The New York Law Journal covered it, and so did the American Bar Association Journal not to mention the Syracuse Post Standard.

Now an even more important news source is covering it: Me.

The backdrop to the story is a dental malpractice trial in Onondaga County Supreme Court. The insurer for the defendant dental practice was AIG, the same AIG which helped collapse the global economy in 2008. I guess their fifteen minutes of fame infamy back then wasn’t enough, and they have come back to the trough for more.

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for doctor bad.jpgToday I accompanied a wreck of a man — a severely injured car wreck victim — to a so-called “independent” medical examination (“IME”). (You will see why I say “so called” soon enough.) The poor guy got t-boned a few years ago and ever since has suffered horrible pain emanating from his cervical and lumbar spine. He has had two surgeries, one on his neck and one on his lower back, not to mention countless rounds of physical therapy, epidural injections, trigger point injections, pain meds, and chiropractic treatment. Even so, he has been losing his war against the pain.

All of his many doctors have concluded that (1) he is badly injured; (2) the car accident caused his injuries (he was fine before then!); and (3) he is totally disabled.

Open and shut case, right? Wrong. The insurance company defending this case has a right, under New York personal injury law, to have the victim present to a so-called (there I go again!) “independent” medical examination (“IME”) by a doctor of their choice. The so-called “independent” doctor (paid by the insurance company) then renders an opinion whether the victim is injured, and if so what his injuries are, whether the car accident caused them, and whether he can work at all.

Thumbnail image for Thumbnail image for Thumbnail image for insurance claim form.jpgJust read an article in the New York Times titled, “How to Know if You Have Enough Auto Insurance“. The article gave some interesting statistics: Nationally, the average jury award for motor vehicle accident injuries is $181,197, and about 5 percent of car accident injury claims in 2010 were for more than $100,000 while only about 2 percent reached $300,000.

Then there are those occasional multi-million dollar jury verdicts. How do you protect yourself against those?

Anyone can make a mistake driving, including you. Do you need to protect yourself against such judgments? Is it expensive to do?

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