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Smart Folks File Uninsured Motorist Claims ...

Ward Merdes — Sun, 10 Feb 2008 19:47:23 GMT

Almost all automobile insurance includes "Uninsured Motorist" (UM) or "Underinsured Motorist" (UIM) coverage. Yet, most people who buy this insurance fail to file a claim when they are hurt by an uninsured or underinsured motorist. Here's what you need to know

UM/UIM coverage is personal. All it requires is that you were hurt by another person who was driving a motor vehicle. You don't need to be anywhere near your insured car for the coverage to apply. You can be in a friend's car - walking on the beach - or hopping on a pogo stick. UM/UIM coverage will be there if you are hurt by an uninsured or underinsured motorist.

Oddly, most folks who pay for UM/UIM insurance never think to file a claim when they are hurt away from their own vehicle. Most folks think that they have to actually be in their own car for their UM/UIM insurance to apply. That's not how it works.

Most folks also don't know that there is no time limit on filing UM/UIM claims. Normally, you can file a UM/UIM claim at any time. In some situations, where a child was badly injured 10 or 15 years ago, a parent may bring a UM/UIM claim today. The same holds true for adults. The Statute of Limitations is usually no bar to a UM/UIM claim. And while it is always best to act quickly, many UM/UIM claims can be brought years after the injury arose.

BOTTOM LINE: Remember to look into UM/UIM claims whenever a loved one is hurt by a motorist. In Alaska, these are some of the best ways that we help our injured clients move toward a better future. Always buy a TON of UM/UIM insurance, and use it when you need it. Just don't be surprised that your insurance agent failed to mention your right to bring a claim...

Originally posted at InjuryBoard by Ward Merdes

Escalator Catastrophe Frames Tort Reform Debate for Alaskans

James Cool — Tue, 24 Feb 2009 02:38:29 GMT

The Anchorage Daily News reports that on February 8, 2009 a three year old girl lost 3 fingers in an escalator accident at an Anchorage J.C. Penny’s department store. According to news reports, the three year old was riding the escalator by herself while her mother paid for some recently purchased items at a nearby register. While riding, the new coat the toddler carried became caught in the machinery of the escalator. Attempting to retrieve her coat, the three year old girl reached down and pulled on the coat which led to her hand being sucked into the machinery. Witnesses to the event recall a “blood curdling scream” as the little one’s hand was devoured by the steel teeth of the escalator. Normally, escalators are equipped with sensors which detect the entrance of foreign objects into the machinery. But this particular escalator was “grandfathered in” and pre-dates sensor technology. As a result, the escalator proceeded to mangle the child’s hand as emergency and store personnel rushed to her rescue. Once they arrived, store personnel were able to locate and hit the emergency off-switch which was located beyond the child’s reach. Though this stopped the machine from further injuring her hand, it did not free her from its steel clutches. According to the news report, it took 2 claw hammers and all of the strength store personnel could muster over an agonizing matter of minutes to free the toddler from the machines deadly grasp.

As a result of her encounter with the antiquated escalator, the child is expected to lose three of her fingers. Doctors are hopeful that she will be able to keep her pinky finger. The event was horrifying for more than the girl and her mother. Witnesses describe it as “terrifying” and one witness who saw the machine “sucking her hand in” has complained of nightmares following the experience. Perhaps offered as comfort to the permanently disabled girl and her family, Ron Thompson of Anchorage Building Services proclaims that “things could have been way worse.” He is most likely referring to severe additional damage to the girl’s thumb, wrist and forearm which would have resulted had store employees not rushed to hit the emergency off-switch. Mr. Thompson also warns shoppers that “"[escalators] are not a playground. They are a very serious mechanical device that can cause some major damage, and major damage very fast, very quickly." It is not clear whether such a warning was on signs where shoppers could have received this sage advice.

The young girl’s family needs to know a few things:

(1) The Statute of Limitations for personal injury claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim may go away as a result of your failure to pursue it. Sometimes, claims may survive until the victim’s 18^th birthday. For the way in which the statute of limitations will apply here it is strongly recommended that you…

(2) Contact an attorney right away. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information only. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

If comments on the various news websites are any indication, the Alaskan and national community are quite divided over this issue. Many commenters have reacted extremely aggressively and hatefully toward the mother of the injured toddler. Other folks have expressed shock and dismay at the dangerous and antiquated machinery utilized by the store. In light of the misinformation surrounding the situation there are a few basic facts everyone, especially the toddler and her mother, should be aware of:

1.) Everyone has a duty to act “reasonably under the circumstances.” What this means is a judgment call. But generally it means taking reasonable precautions to avoid risks which can be foreseen. In other words, if it is a possibility that someone might get injured in an escalator because it lacks emergency shut-off technology, then it might be reasonable to update the escalator’s technology. On the other hand, if it is foreseeable that a young child riding an escalator with a long coat might get it caught in the escalator and perhaps get injured, it may be unreasonable to let her ride it unsupervised. One of the questions which must be answered here is whether the store normally allowed toddlers to ride the escalator without supervision or with limited supervision. What is reasonable or unreasonable in a given situation depends on many different facts, most of which are not included in the news coverage of this accident. Whether the mother, the store, the escalator maintenance company, or anyone else is at fault is a question that can only be resolved after a complete and thorough investigation.

2.) Stores have insurance for situations such as this. Whether someone slips and falls on a wet floor, has a box fall on their head, or gets mangled by an escalator, large department stores maintain insurance policies to protect themselves from having to compensate injured individuals out of their bottom line. Contrary to tort reform myth, law suits are not the cause of “sky-rocketing” insurance premiums. On the contrary, the insurance industry follows the ebb and flow of the economy. Insurance is a business. They take your money and they expect to pay out on many, many claims. Where they make their money is in two ways: a.) denying claims and b.) investing. Recent studies have shown that the uptick in insurance premiums during recent years is more closely related to under-reserving by insurance companies during prime economic times and recent fluctuations in the various securities markets. In other words, insurance companies accept your premiums on the understanding that they will pay out when people are injured and you are at fault. Premiums rise, not because of “law suit abuse,” but rather because of fluctuations in the economy and poor economic practices on the part of insurance companies.

3.) J.C. Penny should absolutely install a newer, safer escalator. Dean Paul, the co-owner of Alaska Yellow Cab who heroically came to the toddler’s rescue, said it best: "you can't grandfather safety." Of course toddlers will ride the escalator. Of course children of all ages will play on them. Of course people in Alaska will be wearing and carrying long coats and scarves which may get caught in the escalator. There is no excuse other than greed for failing to install escalators which do not pose a threat to the property and limbs of their patrons.

4.) It isn’t wrong to trust a department store. It isn’t wrong to trust that they will have appropriate safety devices in their escalators, elevators and electronic doors. Department stores receive a direct benefit from your presence. You come to shop and give them your money. They advertise, sending out fliers and coupons, inviting you to come to their store and spend your money. In exchange they promise to provide you with a safe and enjoyable shopping experience. J.C. Penny is not doing you, the consumer, any favor by letting you shop there. The least they can do is make it a safe and positive experience.

5.) Just because it does not happen often, does not mean it is the child’s or her mother’s fault. Escalator accidents are rare because they are typically safe machines. Recent advances have made them even safer. However, these accidents do occur and may have occurred at the same store. The bottom line is this: had proper sensors been installed on this machine, bringing it in line with current technology, the machine would have halted once her jacket became lodged inside of it and she would perhaps have survived uninjured.

For those pointing their finger at the toddler’s mother, I ask you this: What if it was your daughter? What expectation would you have of the store’s escalator safety mechanisms? Their signage?

Originally posted at InjuryBoard by James Cool

FAA Faulted in 2007 Misty Fjords Fatal Plane Crash

Mike Schneider — Fri, 15 Aug 2008 21:17:45 GMT

The NTSB has issued a report critical of the FAA's oversight of flightseeing operations by Taquan Air Service. The Ketchikan flight service lost a Beaver on floats, its pilot, and four passengers last summer when bad weather, and the pilot's decision to fly into it, caused the crash 40 miles NE of the Ketchikan airport in Misty Fjords National Monument. The pilot had plenty of experience, but not with Alaska weather and flying conditions. The NTSB, among other recommendations, suggested that cameras be installed in the area frequented by flightseeing tours and that FAA inspectors ride along on tour flights instead of only conducting inspections on the ground.

Originally posted at InjuryBoard by Mike Schneider

The Insurance Company Fixed My Car, But Who Pays for My Lost Re-Sale Value?

James Cool — Mon, 01 Jun 2009 23:06:40 GMT

So you’re involved in an auto-accident. Your vehicle is wrecked. You are injured. Perhaps you never contacted an attorney and just handled things through your and the other guy’s insurance company. The insurance company pays for your medical bills. They pay to repair your car. Maybe they even give you a little money for your pain and suffering. But you have to be wondering: “What about the damage to the value of my vehicle? It’s not worth what it used to be, it’s been in a big wreck. What will my Carfax say? How will I ever sell this thing?” If you’re asking yourself these questions, then you’re on the right track. Compensation for the reduced total value of your vehicle after collision repairs is known as a diminution of value claim. In English, that just means a claim which pays you for the reduced value of your car. Imagine two identical cars. They are the same color, make, model, interior and they have the exact same amount of mileage. They were both owned by little old ladies who only drove them to church on Sunday. The only difference between these two cars is that one was recently involved in an accident and had $5,000 worth of repairs and the other did not. Which one do you think is worth more? Obviously the car with no history of body repair. That is diminished value.

But who pays for that? The answer is the other guy’s insurance company. In many states, insurance companies draw a clever distinction between what are called first party and third party insurance claims when it comes to diminished value. A first party claim is when you make a claim against your insurance and you are at fault for the damage (think of when your 16 year old backs into a pole). A third party claim is when you file a claim with the other guy’s insurance company and they are at fault. Not all states will pay for diminished value on first party claims. But every state authorizes payment for diminished value on third party claims. In other words, if you’re in a wreck and it is someone else’s fault, their insurer needs to pay you for the reduced resale value of your vehicle.

But how do you figure out how much less your car is worth as a result of the crash? That is where collision consulting companies come in. One way is to seek out the advice of independent professionals (not the other guy’s adjustor). An example of this type of company can be found here. Another way to get a grasp on the value of your loss is to contact an attorney who handles auto accident cases regularly. These folks aren’t always experts, but they usually know people who are and have a pretty good sense of the value of a case based on their experience helping victims of auto negligence.

Most importantly, don’t let the insurance companies lie to you about diminished value claims. Take some advice from the good folks at Collision Centers (link above):

Don't believe the insurance company when they say:

"We don't pay for diminished value"
(Every insurance company pays diminished value claims)

"Diminished value isn't recognized in this state"
(Diminished value is recognized in third-party settings in every state)

"The repairs restored the vehicle to pre-loss condition, so there is no diminished value"
(It is the accident history that causes diminished value)

"There is no diminished value because the frame wasn't damaged"
(It doesn't matter if the frame/unibody was damaged -$5,000 worth of damage is $5,000 worth of damage)

Also, remember that it isn’t always the other driver who causes diminished value. Your car’s value can also be damaged by:

1.) Faulty repairs. If this happened to you, contact an attorney as soon as possible.

2.) Insurance related loss. This is where the insurance company refuses (wrongly) to authorize necessary repairs and as a result your car is damaged or unrepaired. If this happens to you, contact an attorney.

No matter what happened to you or what the insurance companies try to tell you, remember that no insurance company is your friend. You are not “in good hands” and they are not your “family” and they are most certainly not “on your side.” If you have any questions, or ever need advice related to an accident, contact an attorney who handles cases like this. For a list of good attorneys, visit: www.nbtanet.org.

Originally posted at InjuryBoard by James Cool

Seriously Injured? Don't Talk to Allstate

Jane Schneider — Fri, 28 Sep 2007 00:42:43 GMT

Last week a very good lawyer lost a serious injury case in Palmer, Ak. The judge ruled that he could not explain to the jury why his client did and didn't do certain things because to do so would violate [this particular judge's interpretation of] an evidence rule that keeps the jury from hearing about insurance. It hurt the client's credibility in the eyes of the jury and resulted in a defense verdict.

Allstate had told the seriously injured person that he didn't need an attorney and that it would treat him as one of its own. Allstate said that it would pay him just as much without an attorney as with one. It used this bond of trust that it created to suck the seriously injured man dry of information. And then to use that information against him. No one should ever deal with Allstate or any other insurance company without the help of a qualified attorney, as Mr. Harren's client learned last week.

Originally posted at InjuryBoard by Jane Schneider

I Was Hurt In An Accident...Who Pays My Medical Bills?

James Cool — Thu, 09 Apr 2009 03:04:40 GMT

If you were hurt in an accident, get immediate medical care. Do not delay receiving medical care until your insurance claim is settled. In fact, many insurance companies will ask that you provide receipts and proof of the treatment that you’ve received after an accident. These expenses are part of your claim, along with the cost to repair your car, rental fees, and the like. Injuries resulting from a car accident are common, and can range from minor to life-threatening. However, many injuries do not present themselves right away. So, even if you feel “fine” following a car accident, it is smart to get a check-up. You may still require medical attention in the days following an accident. Even if you have insurance coverage, you may be required to pay out-of-pocket for the medical treatment you require. If this is the case, make sure to keep track of receipts and paperwork.

One option to help with medical bills is to buy “Medical Payments” insurance (MedPay). MedPay is inexpensive, necessary and useful insurance coverage. It’s also easy to use. Most folks can add $50,000 of MedPay protection to their auto insurance package for as little as $3 extra per month, or less. The extra amount you pay will depend on how much MedPay coverage you select.

If you are then in an accident, you (and your passengers) will be able to go to any medical provider of your choice, and have that medical provider bill your insurance company directly for treatment. Additionally, you do not have to use all of your MedPay funds at the same place. Let’s say that you’re in a car accident where your head strikes the driver’s side window. The next day, you hurt in your neck. You have a bad headache and blurry vision. Your MedPay insurance covers: (1) the emergency room; (2) your family care physician; (3) your chiropractors; and (4) the neurologist. At the very least, MedPay gives you flexibility to get the medical care you need to get better. You can then take your time (watch the Statute of Limitations) to settles your insurance claim. If you are interested in MedPay, call your insurance agent.

Although you may be entitled to full compensation for all of your medical bills following an accident, it is unlikely that you’ll receive this money from an insurance company as soon as you need it. Consider protecting yourself with MedPay to cover out-of-pocket expenses, and if you need assistance with a claim or with getting compensation for your injuries, you may wish to speak with an attorney.

Originally posted at InjuryBoard by James Cool

Donn Johnson Dies In Alaskan Car Crash. Here's What His Family Should Know...

Ward Merdes — Tue, 27 May 2008 02:46:53 GMT

The Peninsula Clarion reports that Donn P. Johnson, 53, of Cass Lake, Minn. was killed in a head-on collision at approximately 1700 on Saturday. The wreck occurred on Kalifornsky Beach Road and involved Elizabeth Miller, 54, of Soldotna. Ms. Miller's 2003 Honda Element apparently crossed into Johnson's lane, strikingJohnson's 2000 Hyundai head-on.

Mr. Johnson's family should be aware that it is illegal to cross the center-line in Alaska. We are not allowed to drive on the left side of a roadway. When a driver, such as Ms. Miller, crosses the center line and causes injury/death, she is legally responsible. The relevant driving regulation is 13 AAC 02.060. It provides:

13 AAC 02.060. Limitations on driving left of center

(a) A vehicle may not be driven on the left side of a roadway under the following conditions:

(1) when approaching within 500 feet of the crest of a grade or a curve in a highway where the driver's view is obstructed for a distance which creates a hazard if another vehicle is approaching from the opposite direction;

(2) when approaching within 100 feet of or traversing an intersection or railroad grade crossing unless otherwise indicated by an official traffic control device; or

(3) when the view is obstructed upon approaching within 300 feet of a bridge, viaduct, or tunnel.

The Johnson family should also be aware of AS 09.55.580, our wrongful death statute. It allows family members, dependents, to bring claims for wrongful death. And, automobile insurance is mandatory in Alaska. Once you are emotionally stable, it makes sense to bring a wrongful death claim.

They should also be aware that the decedent's OWN insurer is on the hook for Underinsured Motorist coverage. Finally, recall that the Statute of Limitations for personal injury and death in Alaska is but two years. Take action soon.

Frankly, you should call a lawyer to help you. Do it today.

Just don't call me. Whenever I write these pieces, outlining a person's legal rights and suggesting that a victimcontact a lawyer, I get flamed for being a vulture. It seems some folksprefer that victims like the Johnson family get eaten alive by insurance companies, rather than know their rights. Whatever. Just be sure to call a lawyer - any qualified Alaskan lawyer - today. I wish you well.

Originally posted at InjuryBoard by Ward Merdes

Terry Bowyer Killed in Alaska Motorcycle Wreck. Legal Analysis.

Ward Merdes — Wed, 11 Jun 2008 03:50:12 GMT

The Fairbanks Daily News Miner reports that Terry Bowyer, 57 of San Diego, was killed in a motorcycle wreck at mile 132 of Alaska's Dalton Hwy. It is a gravel road, and very dangerous. The report indicates that Mr. Dalton was riding with "other motorcyclists." It is very important that Mr. Bowyer's family and the other motorcyclists do the following:

1. Keep and eye on Alaska's 2 year Statute of Limitations for wrongful death. If Mr. Bowyer's family is going to bring a claim for this tragic loss, they file a lawsuit within 2 years of the wreck;

2. Alaska's Wrongful Death Statute, AS 09.55.580, provides for an array of claims in situations like this, mainly predicated on whether Mr. Bowyer had "dependents" such as children, or a spouse. It will require a competent accountant and economist to evaluate the total loss;

3. Investigate why this wreck occurred. It is imperative that the "other motorcyclists" with Mr. Bowyer help the Bowyer family understand what happened. Get their statements, ASAP. If this was a situation where Mr. Bowyer simply fell asleep, or did something stupid - that's one thing. On the other hand, if the State of Alaska contributed to this problem with bad road design, or bad road maintenance, a claim against the State (or the maintenance contractor) may exist to help the Bowyer family get back on its feet, financially;

4. Get good experts involved. Find a qualified accident reconstruction expert and consulting engineers to get to this accident scene ASAP. They need to conduct critical roadsurface analysis that will make-or-break any claims that may exist; and

5. Contact an attorney - now. Be sure that he/she understands the Johnson case that requires notice to the State (of the defect) before a claim may exist. Get maintenance logs to carry this burden. Also ask if he/she understands how AASHTO regulations apply to the State's maintenance and construction duties for the Dalton. This is critical. Ask tough questions to find the right lawyer. Find somebody you like and trust. This is important.

Just don't contact me. I am happy to advise of the general law in these situations, but I don't want to look like a vulture or ambulance chaser by suggesting that you contact my law office. I'm tired of being flamed by jerks who think it's OK for the State to ignore its maintenance duties - killing folks like Mr. Bowyer - and who think the victim's family should just sit down and take the beating. Listen to me. Call another attorney - making sure that he/she knows what they are doing with roadway defect litigation. It is a very special area of the law, and requires experience.

Finally, log onto www.SlowDownAlaska.org for valuable insights into Alaska's driving law and how to think your way through related insurance claims. It's free. (Disclaimer: My wife (Lori Merdes) built SlowDownAlaska.org - but it is still an informative and solid site for families in situations like this.)

Having lost a brother in a roadway wreck, I wish the Bowyer family well in this difficult time. Stay tough. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Petra Davis Mauled by Brown Bear, But Who Planned this Bike Race?

Mike Schneider — Sun, 06 Jul 2008 19:37:07 GMT

We all wish this young woman, 15, a speedy recovery. But area biologists have been warning about a terrible event like this for years. Ms. Davis was a participant in a mountain bike race. The route took racers through Bicentennial Park, and its heavy vegetation, and its salmon-choked stream, and its salmon-foraging black and brown bears, late at night. Petra was seriously injured and is lucky to be alive.

And while it might not be a popular case to bring, Petra and her parents likely have personal injury claims against those who, many would argue, set this kid up to get hurt as she did. Safety is no accident. And "Safety Science 101" teaches that we all need to examine our activities for any chance of serious injury or death. If such a risk, even a slight one, is identified, then it needs to be eliminated, if practical and feasible to do so. If the risk can't be practically or feasibly eliminated, it must be guarded against. If not practical and feasible to guard against, it should be the subject of an adequate warning. This route, for this race, at this time of year, at that time of day, broke all of these rules.

Originally posted at InjuryBoard by Mike Schneider

FAA Shuts Down Mavrik Aire

Mike Schneider — Mon, 06 Aug 2007 00:31:00 GMT

FAA officials revoked the pilot's license, mechanic's license and operations certificate of Mavrik Aire, owned and operated by Craig Schweitzer. Schweitzer intends to continue part 91 fishing and flightseeing operations despite the FAA action. People visiting Alaska need to check into the history and reputation of the air services they use. Mavrik Aire had a fatal crash in 1998 and the FAA believes that its current operations risk the public's safety.

Originally posted at InjuryBoard by Mike Schneider