Washington and Seattle Injury Lawyers Phillips Webster » insurance

Why Are Vehicular Deaths Amongst Washington Native Americans So High?

Law Blogger — Thu, 02 Feb 2012 01:08:08 +0000

Washington State has a robust population of Native American residents living both in and out of reservations. As with any statistically measurable group, driving to work and conducting errands is a normal part daily life for almost all Native Americans. However, it seems that this group as well as Native Alaskans tend to be killed in a car accident far more that of any other minority group in the United States.

Washington State is aggressively moving towards eliminating road deaths for good. Governor Chris Gregoire has introduced a program called Target Zero with the aim to eliminate car accident deaths on Washington Roads by 2030. One step in this daunting effort is to touch the most at risk groups.

One of the obstacles is that Washington Tribes may not have rules or laws that mimic the efforts of Target Zero in order for the program to be a 100% success. However, there has been a national call to raise awareness of this disparity in motorist death.

More Research = More Concern

New research from the Johns Hopkins Center for Injury Research and Policy, in a review of the evidence on risk factors and interventions addressing this disparity published in the January issue of Epidemiologic Reviews, has highlighted the fact that there needs to be more research and programs to address the elevated rate of motor vehicle-related deaths among American Indian and Alaska Native populations.

The research team conducted a systematic review of literature published over the past 20 years and found only peer-reviewed 7 studies across all academic sources and government agencies described the problem in any way and tested interventions.

“The small number of studies in the peer-reviewed literature is surprising given the enormous human and economic impact of motor vehicle-related deaths in this population,” said lead study author Keshia Pollack, PhD, MPH, an assistant professor with the Johns Hopkins Center for Injury Research and Policy, part of the Bloomberg School of Public Health. “If injury disparities are going to be eliminated, support for research and programs targeting those groups disproportionately impacted needs to be made more readily available.”

Researchers identified published studies in peer-reviewed Journals between 1990 and 2011. They also searched websites such as Indian Health Service (IHS), the CDC’s Morbidity and Mortality Weekly Report and issues of the IHS Primary Care Provider, a journal devoted to IHS articles and tribal and urban Indian health care professional providers.

The study data found that, even though car accident deaths are declining overall in the U.S., deaths are highest among American Indian and Alaska Natives. According to the Center for Disease Control, car accidents are the leading cause of unintentional injury among Native Americans ages one to 44. Adult motor vehicle-related death rates for Native Americans are more than twice that of whites and almost twice that of African Americans and three times the rate for the Asian and Pacific Islander population – the population with the lowest rate.

The existing literature suggests that multiple risk factors involving behavior, policy, and environmental factors are behind the disparity. These include:

Living in rural communities – Statistically rural communities of any demographic have higher death rates over urban areas. This is due to speeding, lack of enforcement, and merging from rural roads to high speed highways.

Road conditions in rural areas and/or reservations – Directly related to availability to services such as road clearing, utility services, and emergency services in the event of an accident.

Availability of alcohol – Many Native American communities have lowered or eliminated the availability of alcohol, however, this does not curb the lowered or less stringent enforcement in some communities, which invariably lead to higher DUI related death rates.

Pedestrian involvement in crashes – Lack of proper sidewalks and crosswalks in many rural communities is a concern regardless of the demographic, but has translated into higher Native American death rates.

Lack traffic control devices – This is also a resource issue as flashing lights and traffic signals in rural areas can be expensive to put up and maintain.

Lack of artificial lighting – Like the lack of traffic devices this is a resource issue. Along state highways, proper lighting can be put up and maintained due to the power of state revenue, which may not be fully available to the reservation at the same level.

Researchers point out that frequency of pedestrian-related deaths is the one factor that is mentioned across all studies that they reviewed. The authors of the study were not able to identify any interventions implemented that specifically sought to improve pedestrian safety, however, there are many studies that suggest multiple affordable solutions.

“Studies like this give a bird’s-eye view on the problem,” said Pollack. “In addition to discovering gaps in the existing research and programs, we’re able to identify promising interventions worthy of replication. Priority should be given to interventions that combine multiple methods and use partnerships to change policy, the environment, and individual behavior.”

Seattle Car Accident Lawyer

One of the big parts of trying to achieve the lofty goals of Target Zero is to establish what is called a Traffic Safety Culture. This is defined as a culture that is aware that one of the biggest causes of death is road deaths and that this wholly preventable as long as a policy is in place to curb it. The Target Zero program has done that by providing a 4 pronged approach:

Education - Give drivers the information to make the best choices.

Enforcement - Use driver behavior data to help law-enforcement officers pinpoint locations with a high number of serious collisions.

Engineering - Use best practices to prevent or reduce the severity of collisions.

Emergency Medical Services - Provide high-quality and rapid emergency and medical response to injury collisions

By bolstering the funding and emphasizing the importance of these factors, Individuals may be safe drivers, but those who take their own lives in their hands by speeding, DUI, drowsy driving, and distracted driving need to recognize that they are putting everyone around them in danger, not just themselves and their passengers.

If you or someone you know has been injured in a car accident anywhere in Washington state, you need a skilled lawyer to deal with the insurance companies to assure you the best settlement. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Why Are Low Income People Charged More For Car Insurance?

Law Blogger — Tue, 31 Jan 2012 23:11:02 +0000

Laws in Washington State and around the country were passed long ago requiring all drivers carry car insurance to that they can cover any damage or personal injury costs resulting in an accident. I don’t think there’s any doubt in anyone’s mind that this is a good thing, as long as it’s equitable.

As Washington personal injury attorneys with a diverse clientele spanning across all income brackets, we are right in the middle of the insurance issue. That’s why we were a little steamed about a study that came out this week regarding the disparity in charges for car insurance to lower income drivers than higher income drivers.

Lower Income Insurance Study

A new and quite extensive report from the Consumer Federation of America (CFA), an organization that seeks to advance consumer interests through advocacy, research, and education, has shown some major rate disparities by income amongst some of the largest car insurance companies in America.

In the report the authors pointed out that for many poor people, the cost of car insurance can impede car ownership and in cases of lower cost cars, can exceed the cost of the vehicle itself. That has broad economic implications since those without cars have a harder time getting to work, school, day care or the grocery store.

“There is much academic research that clearly shows that if you have ready access to a car, it dramatically improves your economic opportunities,” said Stephen Brobeck, executive director at CFA.

Researchers cited 2006 research that found that those with less education and working in less skilled occupations often pay premiums that were on average 40% higher. Certainly this has many different factors involved in it, but the wider view into the disparity suggests that there may be a larger inequality issue here.

Even though insurers are prohibited from asking for a potential customers income, the authors of the study contend that many of their methods put lower- and moderate-income households with between $20,000 to $40,000 in earnings per year at a disadvantage. The reason for this is that insurers, though not asking directly, have other roundabout questions that are perfectly legal with give them a fairly accurate gauge as to the income of the person they are interviewing.

One of the main reasons for this is that the cheaper the car insurance is on paper, the more the people are paying for the actual coverage. Researchers liken it to going to a store with large items that only wealthy people have access to and getting the item for the same price as a smaller item at another store that poor people frequent. The pricing versus coverage is often wildly disproportionate.

After examining the data and researcher’s coments, the CFA suggests that pricing should be largely influenced by factors that drivers can control, like the cars they drive and how far and safely they drive them.

“Poor people, we know from the data, they spend a lot less on gas, which means they are driving less,” said J. Robert Hunter, co-author of the paper and director of insurance at the group. “So if insurers more fully reflected miles driven in pricing, it would lower the rate for poorer people.”

Determining Rates

Differences in rates are nothing new. If you are a young male who drives a fast car, you know that well. Why? Because males between the ages of 16 and 25 are statistically the most prone to car accidents and most of the accidents are caused by speeding. The numbers ring true regardless of income. These rates come down at a certain point after the driver has proven they are responsible and hit a certain age.

What determines car insurance rates and do they effect the poor disproportionately?

Age – Generally, the older you are, the fewer accidents you’ll have than less experienced drivers, particularly teenagers. Insurers charge more if teenagers or young people below age 25 drive your car. No effect.
Credit – Insurance companies use FICO scores as a factor in insurance rates. Credit-based insurance scores are based on information like payment history, bankruptcies, collections, outstanding debt and length of credit history. Regular, on-time credit card and mortgage payments affect a score positively, while late payments affect a score negatively. Yes. Poor people generally have lower credit ratings overall.
Location – Local statistics influence Insurance rates, such as the number of accidents, car thefts and lawsuits, as well as the cost of medical care and car repair. Yes. Income is a large determining factor as to the crime rate of they area in which they live.
Make and Model – Automobiles that are expensive, have high theft rates, higher repair cost or have poor safety records cost more to insure. No effect.
Odometer Reading – If you drive a lot you increase your chance for accidents, the more you’ll pay. If you drive less than 10,000 miles a year, you will pay less. Some companies will give discounts to policyholders who carpool. Yes. As inner cities with more access to public transit become more gentrified, it forces the poor to move farther out, forcing them to put more miles on their odometer to reach their jobs.
Time Without Insurance – Plus there’s a time lag. You may also pay more if you haven’t been insured for a number of years. Yes. Poor people do not pay for items that they don’t use. If they live near their work, then they may have long periods where they do not drive.
Safe Driving Record – If you have a lot of accidents and serious traffic violations, the higher your rate of course. No effect.
Size of Policy – You’ll pay more for a large policy. Generally, insurance companies offer discounts if you have your homeowners and auto insurance policies with them. Yes. Many lower income people do not own their homes, boats, etc and do not have access to bundling discounts.

Seattle Car Accident Lawyer

There is a much larger poor population than there is rich, so it would be unreasonable to say that poor people get into more accidents based purely on population. There is also little to no evidence that, just because a person is poor, they are more prone to accidents.

We’re concerned about this issue because insurance companies will use any excuse to gouge the public and when one of their loyal customers receives a personal injury in a car wreck, they do everything in their power to avoid paying what they agreed to pay in order for the individual to receive proper care and/or just compensation.

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What Is Traffic Safety Culture (TSC) In Washington State and What Does It Look Like?

Law Blogger — Sun, 27 Nov 2011 00:16:06 +0000

Living in Western Washington can by trying to say the least. It seems as if it is a constant traffic jam no matter where you go. Is it bad planning, bad driving, or bad policy? Some advocates of the concept of the Traffic Safety Culture (TSC) suggest that it could be a combination of all three and the Puget Sound area is not an exception.

Bad Planning - Part of this can be attributed to bad engineering plain-and-simple on the side of city planners. These include common things you’ll find in Western Washington such as surface streets merging into the fast lanes of freeways, merging freeways into other freeways without the option of dispersing into a major arterial into the city, and of course closing surface streets at certain times to traffic during rush hour to only transit.

Bad Driving – According to All State Insurance company, Western Washington Drivers are some of the worst drivers in the country. We examined this in our article, “Why are Western Washington Drivers Ranked So Low On Safety?” We set forth the argument that it is impossible for drivers in one area of the United States to be worse than another purely for regional reasons and that there have to be other factors such as weather, policy, legal ramifications, and civil design involved.

Bad Policy – Washington may not be suffering from bad policy. The reason for this is that our state has some of the most stringent policies in the country when it comes to distracted driving, driving under the influence (DUI), and speeding. This is apparent with Governor Chris Gregoir’s aggressive Target Zero program. This program implemented in 2010 vowed to eliminate traffic deaths by 2030…you read that right, eliminate traffic deaths. Creating a Traffic Safety Culture is a giant part of the success of this policy and advocates say that it is achievable. Governor Gregoir certainly does.

What is a Traffic Safety Culture?

The white paper published on the subject by the Department of Preventive Medicine & Biometrics entitled, “Towards operationalizing and measuring Traffic Safety Culture” examined the topic of TSC by tackling it in an academic manner. They examined the term and the definitions presented by others writing on the subject. They define it as:

“A social climate in which traffic safety is highly valued and rigorously pursued.”

This rather sweeping definition does not address the many elements that surround the creation and perpetuation of a TSC. These elements include:

Society needs to be fully conscious that there is a problem in the first place.
There also needs to be agreement that the problem needs to be addressed.
Society has collective commitment to safety.

Only when these things are achieved will any of the many specific problems that cause serious car accidents and vehicular deaths be fully addressed.

Do we already live in a Traffic Safety Culture?

Some may argue that TCG is already happening, particularly in Washington State. They would cite stricter laws such as the ones cited above (DUI, etc). Others suggest that society is far from a TSC citing the fact that car accidents remain the leading cause of death amongst all people between the ages of 16 and 35. Looking at the elements below, one may conclude that we do already have a thriving TSC, however, the numbers of deaths and injuries are hard to deny.

Things being done to form a TSC:

Laws – Making social rules is a political process and politicians run on platforms based only things that they or they think their constituents are most concerned about. These things can be good for traffic safety or detrimental. An example of this was the defunct abolition of the speed limit in Montana. It was found that the law may have encouraged bad and dangerous driving behavior and might have been linked to some serious wrongful deaths that could have been prevented.

Consequences – Consequences for breaking certain laws are considered one of the biggest deterrents from dangerous behavior. This has shown to be true. As consequences become more stringent for DUI in Washington State, the rate of re-offense has decreased considerably. It is not completely known what kind of impact on first offenders the increased consequences has had on first offenses, but studies suggest that an increased number of people consider the legal and social consequences when making decisions to go out drinking and then driving home.

Advertising – The aggressive advertising done by State and Federal agencies has had an impact on the number of deaths on the road from seat belt use to drinking and driving, distracted driving to drowsy driving. However, these behaviors are still rampant amongst less experienced drivers and younger drivers.

GDL – Graduated Driving Laws are meant to give certain milestones based on age that allow new drivers to gain the experience they need to drive at night and with passengers. Unfortunately some very strong studies have come out questioning these laws and saying that they only postpone behavior and may even encourage dangerous behavior amongst teenage drivers. We examine this in the article, “Are Strict Teen Driving Rules Really Protecting Teen Drivers?”

Technology – The car manufacturers have made great strides in creating safety features that they can use to sell their cars. These are purely economically driven. This is proven by the car manufacturer’s historical reluctance and slowness to embrace safety until they found out that it sells cars. Now, they are forming technology that detects other cars, drunk driving, and potential danger before it happens in order to prevent accidents.

Social Mores – Social mores (more-ay-s) are behaviors that are looked down upon by society to such a degree that behaviors displayed by individuals could effect their relationships with peers, coworkers, and family. Some newer social mores that have formed recently include smoking, excessive drinking, and wearing fur. These have begun to extend to DUI, but have yet to be recognized in association with distracted driving and speeding.

Seattle Car Accident Lawyer

There are many strides being made legally to aid in the TSC. By forcing a monetary consequence on individuals and insurance companies, the lack of proper safety on the roads becomes very tangible to both private industry and the public sector. Individuals may be safe drivers, but those who take their own lives in their hands by speeding, DUI, drowsy driving, and distracted driving need to recognize that they are putting everyone around them in danger, not just themselves and their passengers.

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Why Are Western Washington Drivers Ranked So Low on Safety?

Law Blogger — Fri, 02 Sep 2011 19:30:45 +0000

All State Insurance does this every year; release a study on what drivers from what area are the worst drivers around the country. Though the Puget Sound area ranks high in so many great categories, livability, schools, median income, health, we always seem to come out abysmally low when it comes to how many car accidents we get into.

In fact, last year the Tacoma, Seattle, Bellevue, and Everett corridor was perhaps one of the most dangerous in the country with an average ranking of 133 out of the 193 total cities surveyed. This kind of grouping of dangerous drivers thrusts it far out of the middle of the road category the number may convey. And this year the situation just got worse…way worse.

This year, for 2010, Tacoma dropped to rank 141, Bellevue dropped to 145^th, and Seattle sank the deepest dropping from 128^th in 2009 to 147^th. That means drivers in Seattle should expect to get into an accident causing property damage resulting in a claim every 8 years. A 20-point drop is significant due to the fact that it shaves months to years off of the time between accidents and could be indicative of a larger problem. Does it mean that we all went from horrid drivers to completely inept drivers over a single year’s span? Is it even fair to say that it is the driver’s fault rather than looking at other factors? Let’s review.

Why Are Seattle Area Drivers Considered Some of the Worst?

To answer a question from above right off the bat, it is impossible for a population in the millions to collectively become worse drivers all at once in a relatively short period of time. If this is the case, then there must be a mechanism that triggered this collective behavior. Making the sweeping statement that Puget Sound drivers are worse drivers than others around the country is misguided and serious lack of forethought on All State and the local media’s part.

We are all essentially trained under the same standard set of rules so that there are general norms as drivers cross state lines. We all buy the same cars. We all have generally the same education, in fact, the Puget Sound area is considered the highest educated area in the country, so intelligence isn’t a factor. If you examine the data, you notice that lower populated areas rank higher than higher populated areas, as well as areas with more drivers than the availability of mass transit. But that still doesn’t answer the question as to what makes the prevalence of car accidents in the Puget Sound so high. What could it be?

Traffic - According to the National Highway Traffic Safety Administration (NHTSA) one of the biggest causes of car accidents is traffic. Density of traffic at low speeds yield fender benders and rarely result in a personal injury. High density traffic a high speeds, on the other hand, create many multiple car accidents, which is pretty common. This density is not completely the fault of those getting in their cars and trying to live their lives. The issue of traffic flow and density falls strictly on the shoulders of those who designed and keep on designing the Puget Sound highway system. There has been an unsubstantiated rumor circulating for decades now that Seattle’s traffic woes were deliberate. Designed for only a certain capacity, causing such a problem that it would force people out of their cars. This has worked to some extent, causing thousands to start commuting on their bikes and making the Puget Sound one of the top biking areas in the nation…and also one of the most dangerous places to bike. If mass injury and death was the city planner’s intent, it was a job well done. We doubt it though. Bad planning, yes, deliberate, no. Unfortunately not much has been done to remedy it. If this is the cause of making drivers worse drivers, is it the driver’s fault? No.

Weather – We had a terrible winter in 2010 and even though there was a new mayor and plows-galore on-call 24/7, Interstate 5 still looked like a used car lot for a few days. These changes in the weather have been dubbed by the national media as the “New Norm.” Does that mean that the people of Seattle need to endure inadequate preparedness and resources by the local government as the “new norm” also? Because an un-groomed snowy road makes anyone a bad driver…even insurance adjustors trying to get to their jobs at All State.

Sports – If you read this blog often then you may recall that one of the biggest causes of accidents (particularly DUI accidents) in Washington State is people driving to and from sporting events. There is no denying that Seattle is a sports town since we tout some of the best attendance for both our local professional soccer team the Sounders and our football team the Seahawks. You add two brand new stadiums to the mix both originating in the same area and suddenly it becomes a cluster of trouble. Does this make us bad drivers? Density and traffic flow, no, but drinking, yes.

Road Work – Road work and bridge closures are a normal way of life in the Puget Sound. If it’s not one major arterial like the Mercer mess, it’s the 520 Bridge. Either way, look out, because the Viaduct is coming down. There’s no avoiding it now after this most recent vote. Take the density of the Viaduct and thrust it onto surface streets for years on end and see what that does to our numbers.

Value of vehicles – All State is an insurance company, so it is understandable that they would take a very money-centric view towards their research. It is based on the number of claims and the value of property damage. Well, Seattle touts the largest population of millionaires in the country. Since the Seattle area has a high number of people who drive very nice cars and have a higher population of people who can actually afford insurance on their cars, there are more claims. More claims means a worse ranking. So could this be a case of All State chastising it’s best customers for actually using the service that they pay for? This is all a matter of speculation, but if it weren’t, then that would really be pathetic.

Transit – The answer to traffic density is transit. That’s why local transit routes and budgets are being cut, in order to get people out of their cars and keep them safer. Oh wait, that just made no sense. Apparently in 2016 the area will have a subway. Until then, perhaps city officials can strive for the bottom of the list.

Seattle Car Accident Lawyer

We may sound a little mad about this ranking and our area perpetually showing up at the bottom of the list. We are. We are advocates of safer driving, higher standards, and stricter drunk driving penalties. We want to see Puget Sound area at the top of the list. We just hope that the local planners and law makers are as dedicated as we are.

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What Factors Do I Need to Consider For My Car Insurance?

Law Blogger — Fri, 13 May 2011 02:48:34 +0000

In Washington State, like the rest of the country, insurance is required. Certainly you can get the minimum insurance that will cover some things, but keep in mind, insurance is not a charity or a non-profit organization. They are very much a for profit organization and they price according to liability.

Think about it, they have statisticians on staff thinking about different ways you can cost them money and then coming up with complicated algebra problems in order to assure that they profit even if they have to pay out. And if you get the lowest grade insurance you can be rest assured that they are going to get the most out of you as possible. It’s a reality that we all need to live with.

But knowledge is power. Getting the insurance you need and paying a little more for it now means that you don’t pay big time down the road, because, regardless of how much liability insurance companies say that they take, you as an individual will take more. So peruse carefully, think realistically about your driving habits (and bad habits) and pic a policy accordingly.

Insurance Options

There are lots of different types of insurance and companies often allow customers to mix and match. Taking time to figure out what are your biggest priorities and figuring out what kind of insurance would protect your life the most.

Bodily Injury Liability - This applies to injuries that you, the designated driver or policyholder, cause to someone else. You and family members listed on the policy are also covered when driving someone else’s car with their permission. It’s very important to have enough liability insurance, because if you are involved in a serious accident, you may be sued for a large sum of money. Definitely consider buying more than the state-required minimum to protect assets such as your home and savings.

Medical Payments or Personal Injury Protection (PIP) - This coverage pays for the treatment of injuries to the driver and passengers of the policyholder’s car. At its broadest, PIP can cover medical payments, lost wages and the cost of replacing services normally performed by someone injured in an auto accident. It may also cover funeral costs.

Property Damage Liability – This coverage pays for damage you (or someone driving the car with your permission) may cause to someone else’s property. Usually, this means damage to someone else’s car, but it also includes damage to lamp posts, telephone poles, fences, buildings or other structures your car hit.

Collision - This coverage pays for damage to your car resulting from a collision with another car, object or as a result of flipping over. It also covers damage caused by potholes. Collision coverage is generally sold with a deductible of $250 to $1,000—the higher your deductible, the lower your premium. Even if you are at fault for the accident, your collision coverage will reimburse you for the costs of repairing your car, minus the deductible. If you’re not at fault, your insurance company may try to recover the amount they paid you from the other driver’s insurance company. If they are successful, you’ll also be reimbursed for the deductible.

Comprehensive - This coverage reimburses you for loss due to theft or damage caused by something other than a collision with another car or object, such as fire, falling objects, missiles, explosion, earthquake, windstorm, hail, flood, vandalism, riot, or contact with animals such as birds or deer. Comprehensive insurance is usually sold with a $100 to $300 deductible, though you may want to opt for a higher deductible as a way of lowering your premium. Comprehensive insurance will also reimburse you if your windshield is cracked or shattered. Some companies offer glass coverage with or without a deductible.

Uninsured and Underinsured Motorist Coverage - This coverage will reimburse you, a member of your family, or a designated driver if one of you is hit by an uninsured or hit-and-run driver. Underinsured motorist coverage comes into play when an at-fault driver has insufficient insurance to pay for your total loss. This coverage will also protect you if you are hit as a pedestrian.

What Effects My Insurance Premium?

Auto insurance prices are determined by many factors. It isn’t limited to just the model you drive, the cost to fix it or its overall safety record. But yet the insurance industry has said that the recall will have no effect on the overall insurance rates.

The Insurance Information Institute, a trade group for the insurance industry, said the average driver pays about $850 a year in insurance. So what influences your rate the most?

Safe Driving Record – If you have a lot of accidents and serious traffic violations, the higher your rate of course.

Time Without Insurance – Plus there’s a time lag. You may also pay more if you haven’t been insured for a number of years.

Number of Miles – If you drive a lot you increase your chance for accidents, the more you’ll pay. If you drive less than 10,000 miles a year, you will pay less. Some companies will give discounts to policyholders who carpool.

Your Location – Local statistics influence Insurance rates, such as the number of accidents, car thefts and lawsuits, as well as the cost of medical care and car repair.

Age – Generally, the older you are, the fewer accidents you’ll have than less experienced drivers, particularly teenagers. Insurers charge more if teenagers or young people below age 25 drive your car.

The Make and Model – Automobiles that are expensive, have high theft rates, higher repair cost or have poor safety records cost more to insure.

Your Credit – Insurance companies use FICO scores as a factor in insurance rates. Credit-based insurance scores are based on information like payment history, bankruptcies, collections, outstanding debt and length of credit history. Regular, on-time credit card and mortgage payments affect a score positively, while late payments affect a score negatively.

Size of Policy – You’ll pay more for a large policy. Generally, insurance companies offer discounts if you have your homeowners and auto insurance policies with them.

Car Accident Attorneys

If you are in a car accident some companies honor their contracts, but some do not. It is not in many insurance company’s business model to pay insurance claims and to do everything they can to prolong the process, exasperate the customer, and find ways to avoid paying so that the customer will just give up.

This is particularly true in the event of a personal injury accident. Insurance companies will send representatives to hospitals and homes in order to get their customers to sign away their right to fair compensation for their injuries.

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How Can My Insurance Company Reject My Claim?

Law Blogger — Tue, 26 Apr 2011 01:01:13 +0000

It is Washington State law, much like almost every state in the nation, that we carry insurance if we want to get into the car and drive, no matter if we’re driving to the grocery store down the street or the next city 100 miles away. With this kind of government mandated market requirement, there are tons of insurance options for consumers to choose from.

Some insurance policies change in price depending on the age of the insured, how many people are driving the vehicle, the driver’s driving record, credit rating, etc. The consumer can also choose from scale down insurance to robust coverage and each policy comes with its small print. In the immortal words of Tom Waits, “The small print giveth and the small print taketh away.”

That statement is particularly true when it comes to insurance. Few industries are as forthcoming about not living up to their obligations as the insurance companies. They are the quintessential industry that turns customers into mere numbers to be crunched and cast aside as a matter of convenience.

Reasons Insurance Companies Reject Claims

When filing your claim you may find that the adjuster is doing all that they can to steer their questions in a certain direction. That direction is always to the insurance company’s benefit. Here are some things that the claims adjuster might be looking for in order to deny you your claim or otherwise make sure that you don’t get the full amount you are entitled to.

Fault - The insurance company adjuster or underwriter may come to the conclusion that driver was largely or entirely at fault. This may cause the claim to be invalid in some scaled down cheaper policies.

Clauses - The car insurance policy may contain a clause, which invalidates the claim. This will be found in the microscopic print so please make sure that you get out your magnifying glass and read it. If you don’t understand it, an attorney Phillips Webster may be able to help you decifer it.

Call the Claim - The insurer may call off the claim if the information provided during application was inaccurate or false. It is ALWAYS important that the information that you put onto the application is truthful and accurate, because if it is not they will not fulfill the claim and will not reimburse the money you have already spent in monthly premiums.

Alternative Uses - The customer may have taken an insurance policy for a normal private car while it was actually used for commercial purposes such as deliveries for a small business. If it is found that the vehicle was being driven in the execution of anything other than private use the company may deny your claim.

Depreciation – Many customers find their claims less than what they demanded because of the depreciation of the vehicle. Insurance companies often put cars back in the same position as it was prior to the damage of the vehicle. For example, if the engine of a five-year old car is damaged, the insurance company is liable to pay the customer equivalent to five-year old engine, even if the engine has been replaced. If it is replaced with the new engine, then the depreciation is deducted as per the tariffs so as to bridge the gap between the cost of the new engine and five-year old engine. That means money out of your pocket for another new engine.

Restoration - If the value of the car is considerably less than the money you’ve invested in restoration or enhancements, you may want to consider keeping the receipts and sending copies to the insurance company with a photo to prove that those improvements have been made. They may either adjust your insurance slightly or adjust the value of the car to compensate. Otherwise, you may be left holding the bag.

Options For a Rejected Insurance Claim

A company denying your claim is so easy it’s merely a stroke of the pen. Suddenly you will find yourself in a spiraling vortex of hour long hold times, circular conversations with inept customer service representatives, and a sea of lost forms. Once an insurance company has decided you’re not worthy, it is very hard to convince them otherwise.

Once your insurance claim has been refused your options are:

Complain in writing to your insurer’s Internal Dispute Resolution (IDR) Department.

Complain to the General Insurance Division of the Financial Ombudsman Service (FOS) (they will usually require you to complain to the insurer’s IDR department first).

Apply to the appropriate tribunal for consumer claims if one exists in your state.

Go to Court.

Do nothing/Give up.

What An Attorney Will Do For You

Launch an Independent Investigation

Contact the Insurer’s Legal Department

Make them Listen

Use the Proper Channels To Force Action

Represent Your Interests In Court or Settlement Negotiations

Get You the Compensation You Deserve Plus Legal Fees

Seattle Car Accident Lawyer

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Can I Seek a Personal Injury Compensation in a Single Car Accident?

Law Blogger — Fri, 08 Apr 2011 23:57:47 +0000

You’re getting a ride home from a friend or acquaintance and the next thing you know you are looking at the ceiling of the inside of an ambulance wondering what just happened. It can be confusing because you don’t remember seeing any other cars on the road. It is only later that you find out that it was a single vehicle crash. So what now?

Certainly the driver is covered by their insurance and the insurance of any other car involved would have paid for injuries, but what if there is no other car? Who do you look to in order to pay your medical bills and lost wages while you recover from your personal injuries? What about the pain and suffering and lowered quality of life in circumstances of serious personal injuries that could take up to a year or more to heal, perhaps even last a lifetime?

Causes of Single Car Accidents

It is the law that the driver of the vehicle is responsible for the passenger’s well being while transporting them to their destination. This liability is shared between the driver and their insurance company who has agreed to protect them. Of course, there are tons of causes of single vehicle accident and their cause can be part of the answer as to who you seek to provide compensation.

Weather – Ice, rain, fog, snow, even extreme heat can cause an accident. What needs to be determined was whether the driver was driving the adequate speed for conditions and whether they had the proper equipment to safely operate the vehicle in those conditions.

Animals – Animals can jump out into the road at any time and depending on their size, such as a deer or elk, they can do serious damage to a normal car.

Debris – In winter weather debris can show up on the road at any time causing a major one-car accident, but debris as simple as gravel on the roadway can make a car spin out, lose control, and leave the roadway with disastrous results.

Distracted Driving – The National Highway Traffic Safety Administration (NHTSA) has determined that passengers are actually the biggest distractions that contribute to car accidents. Beyond that, cell phones, GPS, stereos, pets, and eating are big causes.

Speeding – Speeding with a passenger is considered reckless driving and putting the passenger’s life in needless danger.

DUI – If a passenger is injured in an accident where the driver has been found to be above the .08 blood alcohol level, it could result in a vehicular assault charge for the driver.

Reckless Driving – Reckless driving includes DUI and speeding, but also could include tailgating, swerving in and out of traffic, and other wise endangering the lives of the driver, passengers, and drivers around them. This could also result in a vehicular assault charge.

Property Damage – If you are unfortunately a victim of the wreck without being a passenger such as being hit by debris caused by the accident or injured in a structure the car has hit you are entitled to compensation.

Poor Maintenance – It is the responsibility for the driver to maintain the vehicle. If passengers are hurt due to a tire blow or car fire, then the liability falls upon the diver and their insurance company.

From Whom Do You Seek Compensation?

Seeking compensation from parties involved in a crash can be a very complicated process. Figuring out who to approach, how, and when is hard enough and generally should be left up to a skilled legal professional with experience in personal injury law. This is particularly important if you are dealing with a close friend or relative, but many people are surprised how nasty an insurance company can become in these situations.

Insurance Company – Insurance companies say they are there to protect drivers and their interests, but reality is that they are there to produce money for their shareholders. They don’t do this by paying out on claims and settlements. That is why most companies have legal professionals who specialize in doing everything they can to make sure you as the injured passenger are left high and dry to fend for yourself.

Car Owner – Some car owners don’t have insurance. Riding with a car owner without insurance is really taking your life into your own hands because drivers without insurance commonly don’t have the income or the assets to compensate the passenger for their injuries. This is when negotiation and garnishment may be needed to collect.

Driver – Sometimes the driver is not the car owner and then there is a major dispute between insurance companies or individuals as to who is liable. This is a good time to have a legal representative so that you as the victim don’t get caught in the middle.

Property Owner – If the accident happens on private property or is caused by an obstruction from private property, the property owner may be liable for the accident. The burden of proof is a complicated part of the law that definitely requires legal representation.

State/Municipality – In some cases the state or city that the accident occurred in may be liable. This is because the accident was caused by a badly maintained road or a seriously hazardous section of road where single-vehicle accidents have occurred before, but the government entity has neglected to address.

Washington Personal Injury Lawyer

Injured passengers in a single vehicle accident can often feel as if they are alone in the process as insurance companies try to get them to sign away their rights to compensation and the driver tries to get them to make private arrangements for compensation rather than using established methods. This can all leave a victim bitter and more hurt than they perhaps would have been just choosing to work with a professional who has only the victim’s interests in mind.

If you or someone you know has been injured in an car accident due to the negligence of another driver due to speeding, some of the best advice you can give is to find an attorney that is experienced in personal injury litigation. Call Phillips Webster for a free consultation on your legal rights.

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How Do Injured Passengers Seek Compensation?

Law Blogger — Fri, 04 Feb 2011 23:55:59 +0000

One of the scariest things in a car accident is being the passenger. Car designers and manufacturers take great lengths to protect the driver and the front seat passenger, but as they move their way to the back of the car, SUV, or minivan, the safety features for passengers seem to drop off with every removable seat and added storage compartment.

If you’ve ever been a passenger in the middle position of the third seat of a minivan while it’s rolling then you can attest to the frightening ordeal and the increased chance of injury. But it is not the design of the vehicle that caused the crash, it was either the driver of the vehicle or the driver of the car that hit it. That causal relationship is the crux of all personal injury lawsuits.

Passengers with Personal Injuries

When a passenger suffers a personal injury in a car accident there are tons of factors to consider. You see, it is ultimately the driver’s responsibility to not only assure that the passenger is complying to proper seatbelt laws and not being distracting during the operation of the vehicle, but also to deliver the passenger safely to their destination.

Sure this sounds like a “taxi” sort of scenario, but driving is not a right, it’s a privilege that comes with serious responsibilities and consequences. When those are breeched by the driver engaging in unsafe or illegal behavior, then the liability could not be as apparent as the insurance companies, the authorities, or even the drivers may want.

Where Does Liability Preside?

There are very specific rules and requirements to finding out who is responsible for the accident. The records of the accident is a good place to begin, but there are other issues of liability that may also come into play as to the responsibility of all drivers involved.

Factors to Consider in Determining Liability:

Police Report – At the scene of the accident or another appropriate moment the police will issue the proper citation(s) to the parties involved. Those citations along with the official report of the scene are available to all those involved and may reveal more details that the injured passenger may be aware of.

Medical Report – The medical unit and fire response have different reports that may glean some light and perhaps even contradict what’s on the police report. These are also available to all parties involved in the accident.

Individual Laws Being Broken – Accidents are usually a cause of many factors. Though drinking and driving is the big culprit in a DUI accident, there are usually layered laws being broken and all of them need to be addressed in order to determine liability.

Drinking and Driving (DUI) – Regardless of who’s at fault for the accident, if the driver of the car that the injured passenger was riding in was intoxicated or under the influence at the time of the accident they may also be liable regardless of fault. Ask your lawyer.

Causes of Liability:

Failure to keep a proper lookout
Failure to control their speed such as speeding or driving too slowly.
Following too closely behind another driver
Failing to yield right-of-way
Going through a red light or failing to stop at a stop sign
Failure to control the vehicle
Failure to use the brakes in the car
Failing to use the horn
Failing to use a turn signal correctly
Driving in an impaired state such as under the influence of alcohol or drugs
Driving on the wrong side of the road

How Do Injured Passengers Seek Compensation?

There is certainly an obvious answer to this question, particularly coming from a personal injury lawyer, and that would be to seek a personal injury lawyer. And though that advice may seem a little skewed, it’s still good advice regardless. The reason why is because a skilled personal injury lawyer can bring experience and knowledge that increase the amount of compensation that far outweighs the cost of their legal services.

There are two primary sources for passengers seeking compensation:

Individuals – When seeking compensation from an individual, particularly if it is the driver of the vehicle the passenger was riding in, it can be a very emotional process. Individuals have a lot to lose in these scenarios, but in the larger picture, what they have usually not much. Usually, going after an individual is only necessary if they have no insurance.

Insurance Companies – There is a lot of animosity for lawyers in the world, but lawyers for insurance companies even give normal lawyers the creeps. Passengers need to be prepared for the possibility of having their character attacked in court for merely bring the lawsuit in the first place. Generally a settlement is reached before this happens.

Some secondary sources for compensation are:

Car Manufacturers – There have been multiple lawsuits regarding the safety of back seats, in particular the safety of middle seats and seatbelts that are inadequate or don’t meet standards. These lawsuits have been known to take as long as a decade to resolve and must be accompanied by extremely strong evidence and expert testimony.

Establishments – At times bars, lounges, and taverns have been found to have over-served patrons, resulting in injury or death in a car accident after the patrons and their passengers have left the establishment. These are hard cases to try, but have been successful in the past in Washington State.

Municipality – Often construction or inadequate maintenance of an intersection or road is to blame for the injury accident. These lawsuits rarely gain the plaintiff respect in their community, but usually the outcome benefits the community as a whole. These are long drawn out cases that often garner much debate.

Seattle Car Accident Lawyer

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One Woman Killed and Two Suffer Personal Injuries in Richland Car Accident

Law Blogger — Mon, 24 Jan 2011 20:58:32 +0000

A bright Sunday morning is not the time when people expect to get into a fatal car accident. There aren’t many cars on the road unless you’re near a church, so paying attention is a low priority, right? Wrong. And that lack of attention may have had fatal results for one woman from South Central Washington yesterday.

The car accident happened in the small town of West Richland, a suburb of the Tri-cities area. Brett and Lacey Young were eastbound on Keene Road when their vehicle struck a white Pontiac Grand Am, driven by Connie J. Walser, 65, of West Richland, at the corner of South Highland Boulevard and Keene Road, police said.

West Richland police Officer Jared Kelly said Walser allegedly failed to yield at the intersection.

The impact was such that it sent the car spinning toward a house on the intersection and the truck came to a stop in the shallow ditch on the corner. The car stopped short of hitting the house in the gravel driveway, but the damage had been done as the car was almost bent in half on the passenger side.

Witnesses said that the West Richland police and fire responded blazingly fast, but they were not able to save Walser, who was pronounced dead at the scene.

The Youngs were transported to Kadlec Medical Center in Richland, where they were treated for unspecified personal injuries, a hospital spokeswoman said.

“It’s an unfortunate event, kind of scary, and it’s kind of tragic to have that happen in your neighborhood,” said a local man that lives up the road from the scene of the accident. “It makes you think and wonder, in a short amount of time things can change really quickly. Three families have been affected.”

Our condolences go out to the family and friends of Mrs. Walser.

Many times our biggest mistake when driving is familiarity, especially on rural roadways. Not saying that this has anything to do with yesterday’s tragic accident, but many people drive a route so many times that they let down their guard. Perhaps they drive a little faster, rill a little too far into an intersection, or don’t expect traffic just because there is rarely traffic in an area. These assumptions, as you see, can have fatal results.

Please, whether you’re driving outside of your community or only a block away, be equally as cautious.

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10 Auto Insurance Secrets You Need to Know

Law Blogger — Wed, 05 Jan 2011 20:34:58 +0000

Have you ever noticed that a ton of the advertising you receive over television, computer, and in your mailbox seem to have something to do with your car insurance? It seems that we all can save hundreds of dollars a year over our current insurer and apparently with no loopholes.

How is this possible? Well, in the world of for-profit insurance companies being beholden to share holders, it isn’t. There are corners cut, small print written, and of course, beyond what the advertising tells you, loopholes large enough to shove your damaged car and all of the loose parts left on the roadway through.

But are all insurance companies created equal? Not really, but there are loopholes they have in common that you should know in order to have the lowest rate possible and still get your car fixed or replaced.

10 Auto Insurance Secrets

What Kind of Vehicle Do You Own? Your vehicle is rated on a scale from 1 to 27 based on risk. While you may not be able to get your car insurance company to tell you the “number” of your vehicle specifically, it is essentially a rating based on the value of the vehicle, safety ratings, and theft data. This greatly effects your premium.
What’s Your Car Really Worth? Totaling a car is easier than many people think, particularly with new technology and the engine being valued higher the body of the car. Gone are the days of the rolling movie explosion in order to render the car unsalvageable. Many discount auto insurance companies are able to provide more affordable car insurance solely because they undervalue your car. This means that if you do total it, get ready for either a downgrade or new loan.
What’s Your Car’s History? Every time you repair the car the value goes down. God forbid if you’ve gotten into a previous fender bender. If you total a vehicle that has been in an accident previously, the insurance company will strike all of those instances from the value of the car and give you less regardless of the value of the loan, the purchase price, or the blue book.
Will You Have To Pay Tax on Your Replacement Vehicle? Not in the state of Washington! Your car insurance company is required to pay it. If you live in other states (particularly the South), sorry, be prepared to shell out. The states do not require that you pay sales tax on replacement vehicles include: Alaska, Arizona, Arkansas, California, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Vermont, West Virginia and Wisconsin.
What Happens If the Accident is Your Fault? The insurance company should still replace the car if loopholes such as DUI or reckless driving aren’t involved. But expect your insurance to go up…way up. In the instance of an at-fault accident, expect your car insurance premium to rise by 40%. Of course, auto insurance companies will vary in this regard, but 40% is the industry standard.
What is Covered By Insurance? Look closely at your policy. You will find a section on what it covers, but there is an accompanying book on what they don’t cover. May you look at it? No…no you may not. But we’ll tell you that most car insurance policies will cover your pet if it is riding in the vehicle when you have an accident. That’s nice of them right? But they will not cover weather damage, theft (the car or items in the car), or vandalism…three things that are most likely to happen. What if your dog is stolen out of your car? Don’t ask.
Do You Have Good Credit? Insurance companies have found that good credit means you are statistically less likely to be involved in an accident. It also means that you are less likely to change car insurance companies for fear of the effect on your credit score (inquiries, number of accounts, etc.). This translates to lower premiums, congratulations.
Does My Payment Method Count? Not to a huge extent, but it helps. By paying in one lump sum rather than month to month, paying online, and setting up auto pay from your bank, you can lower your premium. Not by a ton, but every little bit helps right?
Can I Lend My Car To A Friend? Some policies allow you to do this, but in general almost all don’t. If you have someone that borrows your car all the time, perhaps you should try specifically naming them on your auto insurance policy or purchase a rider to cover anyone who borrows your vehicle.
Does Switching Insurers Effect My Premium? Some companies say that all it takes is a few minutes to switch and that they’ll do everything for you. Don’t believe them. If you switch insurers, you should notify your previous company that you are canceling your policy. Doing this by phone is painful. A much more official and efficient method is to send the notice in writing and include the specific date that you want that insurance to terminate. Also send proof of insurance from the other company.

Car Accident Attorneys Protect Consumers

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