Buying Auto Insurance (Part 2 of 4)

By: Jeanine Steele

Continued from Part 1- (Part 2 of 4)
11.Personal Injury Protection (PIP): Covers the treatment of injuries to the driver and passengers of the policyholder's vehicle. At its most extensive, PIP can cover medical payments, a part of the lost wages of those injured in an accident, and a death benefit. It may also extend to covering the policyholder if he/she is injured while in another vehicle or is hit by a car while on foot. It can cover members of the owner’s family household. It pays for medical expenses only in some states, but in most states it also covers wage loss (with significant limitations) and a limited death benefit. Note: THERE IS NO COVERAGE FOR PAIN AND SUFFERING, lost opportunities, inconvenience, or emotional distress. PIP is similar to medical payments coverage, only it usually covers a broader range of events, including medical bills, lost wages, loss of services, etc. It is required in most no-fault states.

12.Wage Loss PIP payment: Pays part of wages not earned due to claimant's inability to work as the result of an injury that are covered under the personal injury insurance policy. But please note the common restriction: this clause usually only kicks in after an absence from work of two consecutive weeks, and then, it pays only a percentage—usually 85%— of the actual lost wages.

13.Medical Pay (MED/PAY): This policy pays the medical bills of the covered driver, family members, and passengers when injured in an accident, regardless of who was at fault. This coverage is required in some states, but not in others.

14.Collision Coverage: This policy helps pay for repairs or fair market replacement cost if your car is damaged in an accident caused by you or an authorized driver. This policy is always optional.

15.Comprehensive Coverage: This policy covers the cost of repairs to or replacement of your vehicle should it be stolen, vandalized, struck in a hit-and-run, or damaged by an "act of God." Covered events vary from policy to policy but usually include fire, flood, and falling objects. This policy is always optional.

16.Deductible: It's the amount of money that you agree to pay before a certain auto insurance policy kicks in. Deductibles are designed to cut down on insurance costs by eliminating small or frivolous claims. The higher the deductible you're willing to pay, the lower the premium you earn. Collision and comprehensive policies almost always carry deductibles, and sometimes PIP and medical payments policies do too.

17.Actual Cash Value: ACV - An insurance valuation method used for automobiles which is based on the cost of repairing or replacing the damaged auto with one of like kind and quality, or its replacement cost less physical depreciation. The replacement cost is based on market value replacement cost, which varies by geographic region.
18.Fair Market Value: The price determined by the marketplace. It is the price a willing and qualified buyer will pay to buy, at which a willing seller will sell. Note that the asking price of ads is not necessarily the market price.

19.Exclusions: Situations that are not covered by a given insurance policy; specific exclusions are listed on your insurance policy.

20.Upside Down Financially: It is being in a position where you owe more on your car than its actual value. Consider the effect of “showroom depreciation”, which means that when you drive the car off the dealer’s showroom floor, the fair market value is substantially less than the purchase price. Thus, the amount you own for the loan balance often exceeds the fair market value of many newer motor vehicles.

21.Gap insurance: This optional policy insures the driver of a new car for the difference between the car's financed value and its fair market value. Should the car be "totaled" during the first few years after purchase, the owner will be covered for the amount still owed on the car, rather than it's market value (which is often much lower). Because it covers only the difference in value, this is a relatively inexpensive policy.

22.No-fault insurance: A no-fault policy usually will not require that someone be assigned the blame in order for the policyholder to receive his/her money. In no-fault states, insurance companies are required to have this type of policy. “No- fault insurance" is a general term that is used to describe any auto insurance system that both requires drivers to carry insurance for their own protection, and that places limitations on their ability to sue other drivers for damages. In an accident, under no fault laws, your auto insurance company will pay for your medical damages (up to your policy limits), regardless of who was at fault for the accident. Any other drivers involved will be covered by their auto insurance policies. Under a pure no fault system, drivers would be completely covered by their own policy, and would be barred from ever suing another driver for damages. However, no state uses a pure system. Instead, all "no fault" states actually use parts of both the no fault system and the standard liability system (under which you're financially responsible for the cost of damages you cause). States do this by permitting lawsuits in certain cases.

23.Rental car reimbursement coverage: It's an optional policy endorsement that helps pay the cost of renting a car while your auto is being repaired for a covered event. (This means you usually need to carry collision and comprehensive to qualify.) Your premium is decided by the amount of reimbursement you want per day.

24.Emergency roadside assistance insurance: It's an optional policy that covers the cost of towing or immediate roadside repair (like fixing a flat or jump-starting the battery). It does not cover the costs of any repair done at a garage or service station, however. Consider AAA-type coverage instead.

25.Towing: This is an inexpensive add-on that provides towing and limited storage after an accident. No need if you have AAA-type coverage.

26.SR-22 filing: A document that shows proof of financial responsibility in the case of a traffic violation. The SR-22 is actually a form that high-risk drivers may be required to file with the state before they purchase car insurance. It requires the provider to notify the state should the policy be terminated or canceled. DUIs, multiple speeding tickets, and driving without insurance or valid license are all reasons a SR-22 may need to be filed.The requirement usually lasts for three years after the initial event.

27.Umbrella policy: It is additional liability coverage that goes "over" your auto liability limits, homeowner’s liability, boat liability, etc. Carrying an umbrella policy is a good idea for drivers with considerable assets to protect. You usually have to purchase the maximum auto insurance coverage (or near to it) before you can buy an umbrella policy.

On to part 3

About The Author...
Jeanine Steele is an editor with SettlementCentral.Com, the online resource for do-it-yourself personal injury claims. - Business, Finance & Management

Buying Auto Insurance (part 3 of 4)

By: Jeanine Steele

Continued from part 3
Insurance Company Advertisements Deceive (part 3 of 4)

If some of the millions of dollars spent on advertising auto insurance would be devoted to fair payment of injured insured's' own claims against their own company, we probably wouldn't even have to make mention of this. However, the advertisers' portrayal of insurance responsiveness with homey images, friendly messages, beautiful music and promise of quick claims service do not equate to quality when it comes time for payment for personal injury claims following an auto accident.

We know that getting your car fixed promptly is important. Some companies may be more responsive on property damage than others, but that should not be your first priority evaluating insurance service. A day or two wait for your car is nothing compared to being literally cheated out of your legitimate payments, as is the practice of some of the more aggressive companies. See the discussion below and the links provided. If getting your car fixed in the fastest time is the most important thing for you, you can ignore everything that is written in the following paragraphs, because they focus on the bodily injury aspects of auto insurance claims service.

So, our advice is to ignore the advertising images: the insurance industry did not become one of the wealthiest in America by being everybody's best friend. Understand that these smiling people on television ads are really your adversaries. There are many thousands of reported cases where insured have been forced to sue their own companies. None of these cases has to do with getting people's cars fixed. Prompt property damage repair is the simplest and easiest part of an accident claim. Instead, these lawsuits against insurance companies all are based on claims that an insurance company did not perform according to the law and in accord with its own contractual provisions.

Research Suggestions to Check Out Auto Insurance Companies:

Our suggestion is that you research two or three companies.A good place to start is with the Better Business Bureau, followed by a contact call to your state Insurance Commissioner. You can call the Better Business Bureau (http://www.bbb.org) in your own area and learn how to inquire if any complaints have been filed. The most effective research, however, is probably through your state Insurance Commissioner . Use this url (http://www.naic.org/state_contacts/sid_websites.htm) provided to contact your Insurance Commissioner and obtain information in five topics:
1.Ask her how you can learn about the number and types of complaints that have been filed with her against or about a company that you are considering.
2.Ask her how you can obtain a count of the number of times a company has been involved in reported litigation, whether brought by the insured against his own company, or by the third party as a bad faith claim.
3.What is the reported percentage of first and third party claims the company settles by negotiation, as opposed to arbitration or litigation? Ask her for the statistics relating to the percentage of claims settled, versus the percentage that goes to arbitration or litigation. Would it surprise you to learn that over half of the claims of one of the largest and most popular companies end up in arbitration or litigation?
4.Ask her what actions or enforcements she has had to take with respect to any company you are considering.
5.Does she know if any of the companies use credit scoring to set premiums, and are there any restrictions in your state on use of credit scoring.

You Get What You Pay For:

You have heard the advertisements that one auto insurance company is the least expensive, etc. Understand that truth of the old adage applies to insurance policy purchases: you get what you pay for . The best company is probably not the cheapest. How can company policies that save premium costs have adverse impacts upon your wallet?

First, the reason a company is cheaper is that it doesn’t pay out as much as another company, nor does it provide as much service. If your own company does not pay out in a fair manner, and if you are the defendant in the case (the tortfeasor ), expect that your chances of being involved in a lawsuit are much higher than if you were insured with another (quality) company.

Since insurance is going to foot the bill anyway, why should that impact you? Well, you’ll have to be inconvenienced at home, at work, and at trial. You’ll be sued; you will have to take time off of work to see the attorney who will be hired by your company to represent you; and you’ll have to testify at depositions and/or trial. Remember, you will not be paid lost wages to participate in your own defense. But in addition to the time involved, it can be very stressful to be in a lawsuit. You will have to answer under oath regarding a number of topics, and your spouse may also have to participate.

However, the biggest impact of adverse treatment by your own insurance company may not come when you are a defendant, but may come when you are a claimant versus your own company. This could be as a claimant under your own policy, either for payment of medical expenses or payment of wage loss under the Personal Injury Protection ( PIP/MedPay ) provisions, or for underinsured/uninsured UIM coverage.

It is in these circumstances that many first party carriers become aggressive and literally cheat their own insureds out of legitimate payments. Most consumers have little knowledge of these practices, and aggressive companies are almost always successful in cutting off PIP payments for treatment far earlier than your own doctor would recommend. That is where they make the money and that’s where you’ll find yourself in need of some help.

The company will respond that you have the right to arbitration. But no attorney is going to become involved in a Personal Injury Protection/Medical Pay (PIP/MedPay) arbitration. There is not enough at stake to merit the time and effort. You can be at the mercy of the company, so select wisely. In this respect, the least expensive coverage may be no bargain at all .

Be aware that the first party carrier that advertises the cheapest price is likely the one who will deny payment for medical coverage sooner than the other carriers. They can be quite aggressive in this respect as described in all of the IME, Medical Care and the PIP/MedPay sections. They will use the ruse of a “records review” or an “independent” medical examiner ( IME ) to deny payments due to your own doctor/chiropractor for your continued reasonable and necessary care. The so-called “independent” doctor they select is hired by the insurance industry to (nearly always) say that you “have reached maximum medical improvement, and no further treatment is necessary.”

The same type of carrier is also the one that will likely seek to limit your recovery on UIM by requesting arbitration more frequently than other carriers. These claims involve all of the damages you would expect to recover from the tortfeasor, including general damages . Thus, there can be quite a bit of money at stake, since general damages are usually a multiple of the cost of your medical care.

In evaluating UIM coverage, see if you can find out what percentage of claims are settled, mediated, arbitrated, or tried to a jury (this jury trial clause is inserted by only a few companies).Does your Insurance Commissioner have any idea how often a carrier forces its own insureds into arbitration, rather than agree to the more desirable non-binding mediation forum? Arbitration and mediation usually involve attorneys who are knowledgeable in personal injury matters as mediators or arbitration panel members.

Or, worse, do they force their own UIM claimants to go into court and present their claim to a jury?

Do you have the right to choose arbitration in UIM? Is your company is deceiving you with a clause that removes your rights to arbitration. Here is a Specific Question for the Sales Representative Regarding Forcing You to a Jury Trial

Please check your policy and ask the sales representative to be sure that your carrier does not reserve the right to a jury trial in its UIM disputes.

The tricky little phrase used in policies issued in recent years was to the effect that “disputes hereunder will be resolved by arbitration, unless either of the parties elects to have the dispute resolved as in other civil matters” . You probably would not see anything wrong with that phrase, but it is deceptive in its apparent innocence. It is a powerful tool and will in turn, only benefit the insurer.

That little phrase was intended to give the insurance company the right to a jury trial in resolving your dispute with your own company.If you and they disagree, you will not have the right to an arbitration; they will just tell you to go file a court action. And the insurer will always ask for a jury trial.

Why don’t you want a jury trial? First, you will have to pay to use the court system. You must file the lawsuit, and you will have to serve it (although they will likely accept mail service). Second, there is likely a much longer wait (currently one and a half to two years is common) for you in obtaining a jury trial date than there would be to put together an arbitration panel of attorneys. Who wants the delay? The insurance industry makes a lot of money on investments, whereas you will always need the cash to make up for some of the problems caused by the accident.

Third, it is tremendously more expensive than any other forum for resolution in your time and your costs. In arbitration, you can submit medical records to be read by the arbitration panel, and perhaps call just one of your doctors. You will pay for any time your doctor has to spend in preparation and testimony, so you will want the less formal proceeding (such as arbitration) because her fees will be a fraction of those at trial.

At a jury trial, you must present some live testimony from your doctors. (Although some records can be admitted without the doctor present, attorneys usually want the doctor present to speak to the jury, whereas at UIM arbitration, the attorney knows that the panel of trail attorneys will have some familiarity with the medical specialty, medical terms, prognosis, etc., and she therefore can simply admit the records and argue from them.) This testimony is expensive, because you will likely pay their full time away from the office, including courtroom waiting time, regardless of the results). It is a delay of a year or two, depending upon your jurisdiction, and it takes a much greater effort to succeed with higher risks than at arbitration. Therefore, the company knows that you are more likely to compromise and accept a lower award than if you went to arbitration. So please consider this an important issue in selecting your company.

Think Preventive—Protect Yourself, Your Family, and Your Passengers

We’ve seen far too many cases where the insured, in an effort to save a dollar up front, has left him or his family exposed. Insurance is a good investment; it is necessary; and, it should be purchased in anticipation of traumatic events.How can you foresee only limited consequences of an accident? You can’t.

Here are two examples of places where we have seen insureds deprive themselves of necessary coverage. The first and most obvious is PIP/MedPay .Insured people who have a good medical plan, an HMO, or who are covered through the military, often think they will rely on their medical plan and decline to take PIP/MedPay. This is a serious mistake.

Often, medical plans (or military) do not afford anything more than the long gray line of institutionalized medicine, where treatments and referrals are very limited. By contrast, your own PIP/MED PAY allows you to select your own doctor, chiropractor and other health care professionals such as specialists, with much more freedom of choice. Moreover, PIP also pays a portion of your wage loss (MED PAY does not). It would be an error to pass by a chance to purchase PIP. Please note that your HMO or health plan or military access affords no protection whatsoever for your passengers.
What will you tell the parents of the children who were riding with your child on an outing

On to part 4

About The Author...
eanine Steele is an editor with SettlementCentral.Com, the online resource for do-it-yourself personal injury claims. - Business, Finance & Management

Buying Auto Insurance (part 4 of 4)

By: Jeanine Steele

Continued from part 3.

Think About it: You Need to Buy Insurance to Protect Yourself, Passengers, and Family Members by Purchasing Underinsured Motorist Coverage (part 4 of 4)

One serious mistake is to decline UIM coverage. Some companies require that you purchase UIM in the same amounts as the liability insurance. However, many companies, depending upon state law, are authorized to sell denominations of UIM coverage less than the liability limits. The insured thinks that he is providing some satisfactory minimal coverage for his family and decides to save some money with lower UIM limits. However, UIM is probably the most important place to spend money.

You are not as likely to cause an accident, as you are to be a victim of an accident. At least if you are taking the time to read this article, you are probably a person who will exercise more care and judgment in your driving than the ordinary person. Therefore, it is more likely that you will be making a claim against another person for injuries sustained by you at the hand of the third party tortfeasor. In this instance, the tortfeasor may (but likely will not) have sufficient insurance to cover you and your passengers for all of your medical expenses, wages loss, and general damages. If not, then the tortfeasor is said to be “underinsured”. In that instance, the balance of the value of your claim, above the bodily injury policy limits of the tortfeasor, is the responsibility of your own company’s UIM coverage.

A third possibility is if the tortfeasor is uninsured. This is a distinct likelihood if someone who is reckless, or who has a drinking problem or who is driving with a suspended license involves you in their traffic habits. They caused you and your passengers harm, but they have no insurance. You will be making your entire claim under your UIM polity limits.

All too often, we have seen serious injuries to individuals and their families receive little or partial compensation because the insured elected to “save money” by not purchasing the maximum UIM coverage available to him. Purchase as much UIM coverage as you can.

Be Honest

A word of caution in dealing with your insurance company: don’t try to fool them on any of the information requested, or by insuring only one driver for each of the family vehicles. We have numerous cases holding that one family member is not covered because he or she was not named as a driver of another family vehicle. Questions of whether the vehicle was “available for the regular use” of any individual are complex issues, and history tells that you will lose. Disclose the full number of drivers and you will have the knowledge that you and family members are covered.

The same thing pertains to marital status and student status of children. Our recommendation is to be honest in your application and in your relationship with your company. The few dollars you “save” otherwise will never be a bargain should you loose out in the long run. A contract entered into with materially fraudulent representations can be voidable by the company under some circumstances.

Table of Insurance Coverage Requirements, by State

Most states require that you have liability insurance. This covers you when you're at fault in an accident. If you live in New Hampshire, South Carolina, Tennessee or Wisconsin, you aren't required by law (yet) to have liability coverage. For the rest of us, the mandatory coverage varies according to state. In the chart below, minimum liability limits are read as follows (in thousands of dollars): bodily injury liability for one person in an accident/bodily injury liability for all people injured in an accident/property damage liability for one accident.

So, for Alabama, the minimum requirements are $20,000 of bodily injury liability for one person, $40,000 bodily injury liability for all people and $10,000 property damage liability.

StateRequired coverage typesUninsured/Under-insured Motorist Coverage Required?Minimum liability limitsNo fault?

Alabama
bodily injury and property damage liabilityNo20/40/10no
Alaska
bodily injury and property damage liabilityNo50/100/25no
Arizona
bodily injury and property damage liabilityNo15/30/10no
Arkansas
bodily injury and property damage liabilityNo25/50/25no
California
bodily injury and property damage liabilityNo15/30/5no
Colorado
bodily injury and property damage liabilityNo25/50/15yes
Connecticut
bodily injury and property damage liability, uninsured motoristYes20/40/10no
Delaware
bodily injury and property damage liability, personal injury protectionNo15/30/10no
DC
bodily injury and property damage liability, uninsured motoristYes25/50/10yes
Florida
BI liability not required, only property damage liability, personal injury protectionNo10/20/10yes
Georgia
bodily injury and property damage liabilityNo25/50/25no
Hawaii
bodily injury and property damage liability, personal injury protectionNo20/40/10yes
Idaho
bodily injury and property damage liabilityNo25/50/15no
Illinois
bodily injury and property damage liability, uninsured motoristYes20/40/15no
Indiana
bodily injury and property damage liabilityNo25/50/10no
Iowa
bodily injury and property damage liabilityNo20/40/15no
Kansas
bodily injury and property damage liability, personal injury protectionYes25/50/10yes
Kentucky
bodily injury and property damage liability, personal injury protectionNo25/50/10yes
Louisiana
bodily injury and property damage liabilityNo10/20/10no
Maine
bodily injury and property damage liability, uninsured motoristYes50/100/25no
Maryland
bodily injury and property damage liability, uninsured and underinsured motoristYes20/40/15no
Massachusetts
bodily injury and property damage liability, personal injury protection, uninsured motoristYes20/40/5yes
Michigan
bodily injury and property damage liability, personal injury protectionNo20/40/10yes
Minnesota
bodily injury and property damage liability, personal injury protection, uninsured and underinsured motoristYes30/60/10yes
Mississippi
bodily injury and property damage liabilityNo10/20/5no
Missouri
bodily injury and property damage liability, uninsured motoristYes25/50/10no
Montana
bodily injury and property damage liabilityNo25/50/10no
Nebraska
bodily injury and property damage liability, uninsured and underinsured motoristNo25/50/25no
Nevada
bodily injury and property damage liabilityNo15/30/10no
New Hampshire
Insurance not required; proof of financial responsibility, medical payments, uninsured motoristYes25/50/25no
New Jersey
bodily injury and property damage liability, personal injury protection, uninsured motoristNo15/30/5yes
New Mexico
bodily injury and property damage liabilityNo25/50/10no
New York
bodily injury and property damage liability, uninsured motorist, personal injury protectionYes25/50/10yes
North Carolina
bodily injury and property damage liabilityNo30/60/25no
North Dakota
bodily injury and property damage liability, personal injury protection, uninsured and underinsured motoristYes25/50/25yes
Ohio
bodily injury and property damage liabilityNo12.5/25/7.5no
Oklahoma
bodily injury and property damage liabilityNo10/20/10no
Oregon
bodily injury and property damage liability, personal injury protection, uninsured and underinsured motoristYes25/50/10no
Pennsylvania
bodily injury and property damage liability, medical paymentsNo15/30/5yes
Rhode Island
bodily injury and property damage liabilityYes25/50/25no
South Carolina
bodily injury and property damage liability, uninsured motoristYes15/30/10no
South Dakota
bodily injury and property damage liability, uninsured motoristYes25/50/25no
Tennessee
Insurance not required; proof of financial responsibilityNo25/50/10no
Texas
bodily injury and property damage liabilityNo20/40/15no
Utah
bodily injury and property damage liability, personal injury protection, uninsured and underinsured motoristNo25/50/15yes
Vermont
bodily injury and property damage liability, uninsured motoristYes25/50/10no
Virginia
bodily injury and property damage liability, uninsured and underinsured motoristYes25/50/20no
Washington
bodily injury and property damage liabilityNo25/50/10no
West Virginia
bodily injury and property damage liability, uninsured motoristYes20/40/10no
Wisconsin
Insurance not required; proof of financial responsibility, uninsured motoristYes25/50/10no
Wyoming
bodily injury and property damage liabilityNo25/50/20no

About The Author...
Jeanine Steele is an editor with SettlementCentral.Com, the online resource for self-help do-it-yourself personal injury claims. - Business, Finance & Management