Accident Fault – How Do Claim Adjusters Determine Liability?

Accident Fault is decided by the insurance company, not by the police officer that answered to the scene. Police officers police reports and statements are considered evidence, and they can “persuade” the insurance companies regarding fault.

If the police department does not determine fault, then who and how is this determined? Usually there are at least two parties or drivers involved in a car accident, and usually they have insurance. In this case, both insurance companies will handle the claim for their insureds. They would negotiation between each other and will settle for what they believe is it is fair.

Insurance companies must follow certain format to determine fault. They must look at the negligence of each driver and then attribute percentages of fault. The first step is a negligence analysis. Insurance adjusters must look at every driver’s duties, breaches, causation, and damages. All four elements must be met, and if one of them is missing, then that driver was not at fault. If all four exist, then the driver was at fault, but how much still needs to be decided.

To determine accident fault, insurance companies will look at the “driver duty”. Every person behind the wheel of a car assumes driver duties. It does not matter if you have a license or no, it does not matter if

you are an adult or a toddler. The law will place affirmative duties in every driver for purposes of accident fault. But exactly what duties are attributed to every driver? Usually they are “lookout, avoidance, and following the rules of the road”.

Look out is simply paying attention. Every driver must be attentive to what is going around him/her. So when the adjuster asks you “did you see them coming” your answer better be “yes”. If you do not see another vehicle and you had the visibility to do see them, then you will have probably

breach this duty.

Avoidance is exactly that. You must attempt to avoid the accident. The fact that another car is at fault, or has done something illegal does not give the driver license to hit them. For example, if a vehicle pulls

out of a stop sign, the driver approaching must try to avoid the accident. No evasive accident could be strong evidence of negligence against the vehicle that had the right of way.

Following the rules of the road is the obvious one for accident fault. You must be in full compliance with all the traffic laws that apply to the accident. The traffic laws are codified in all states in the state annotated code or the administrative code (the name changes per state). If you are speeding, you can be found some percentage at fault for the damages.

The next step in determining accident fault is breach. This means that the duties outlined about must have been “broken”. If you did not breach any duty, you cannot possibly be found at fault.

But the accident fault analysis does not stop there. The insurance adjuster must then show causation. Most insurance companies go over this step very fast. It is a very important element because it could causation

will amount as a defense to negligence. Causation is the relationship between the duty breached and the ultimate damages.

For example, let us assume that Driver is legally parked in a parking lot. Let us further assume that Driver is legally drunk in the driver’s seat and that the engine is running while someone pulls out of a parking stall and hits Driver’s car. Is Driver negligent? The answer for purposes accident fault is NO. The fact that Driver was drunk did not cause the accident. There was not casual connection between the fact that Driver

was dunk and that a vehicle came and hit his/her car while waiting. For more information about causation visit http://www.auto-insurance-claim-advice.com/Causation.html

The last step is damages. Damages must exist either as property damage or as a bodily injury. The important thing to remember is that all damages must be related to the duty breach. In other words, if you have back pain and a headache, the analysis explained above will be applied twice (one

time for the back pain and one time for the headache).

Paintless Dent Repair: Myths and Facts About Car Dent Repair and Insurance

The long arm of car repair insurance doesn’t stop at extended warranties or tire road hazard insurance. Marketing gurus have found all sorts of knick knacks to insure. Among the top are ding and dent protection plans. Ding and dent insurance is growing steadily, and addresses those unsightly shopping cart and parking lot dings.

Dings and dents are fairly synonymous terms, although a ding is smaller than a dent. You’ll notice a dent. You’ll need to squint, or catch the vehicle in the right angle or sunlight to see a ding. Some dings are smaller than eraser heads.

Like extended warranties or tire insurance, dent and ding protection plans promise to pay for damages in part or in full for a specific period of time. These plans are primarily sold by new car dealerships and cost a few hundred dollars.

Ding and Dent Repair: Paintless Dent Repair

Ding and dent repair is called PDR, short for Paintless Dent Repair. There are many companies that perform this service: Ding Doctor, Ding King, No Dents, Dent Wizard…the list goes on. Some are better then others, although ultimately it’s up to the skill of the PDR technician. Prices are similar.

How is it done?

Most PDR techniques are non-intrusive. The PDR technicians use specially designed tools and gadgets to slip behind the damaged panels and manipulate and massage the damaged metal back to its original form.

Does it work?

Actually, it’s incredible! It works so well that in the majority of cases the dings and dents are completely removed. They’re invisible, gone, can’t-believe-your-eyes fixed.

I saw a soccer-ball-sized dent removed from the rear fender of a $120,000 car. The dent also had a large crease, which makes repairs even harder. After thirty minutes there was no visible detection that a dent was ever there. The repair cost the client $400. Traditional body shop estimates were hovering at $2700.

PDR positives

  • Very low cost compared to traditional body shops
  • Same day repairs–even while-you-wait service
  • No paint work, sanding, or traditional bodywork required
  • Original paint remains–helps retain vehicles looks and value
  • Body panels remain intact–maintaining structural integrity

PDR negatives

  • PDR does not address scratches or paint chips that are often associated with dings (Many PDR companies will address chips and scratches, but it’s not PDR technology)
  • Many areas of body panels are not accessible, so PDR is not an option
  • Plastic bumpers or any plastic components can’t be fixed with PDR techniques. Since the bumper is the most common area to get damaged, this is a significant downside of PDR technology.
  • Some damage can occur to door panels, paint, interiors, window glass and hardware, although damage of any kind is rare.

Do you need PDR insurance?

God, no!

Should you get your dings fixed using PDR techniques?

Hell, yes!

Let me explain…

Insuring against dings and dents does not make economic sense. Ding repairs average around $50 per ding. Some dings cost $99 to $149 to repair. Two to four dings can run $100 to $450, depending on the size of the dent. Insurance at this level is just not necessary. Moreover, it’s a gamble you will lose.

To benefit from a $300, two-year plan, your vehicle would need to sustain multiple “PDR repairable” dings or dents. Despite your coverage, you may not even notice the dings, making a claim impossible. Also, despite the amazing PDR techniques, they can’t fix everything, especially the chips and scratches that so frequently accompany a ding–should dings even occur.

Yes, get your dings fixed with PDR (if they’re bothering you), but don’t buy an insurance plan.

Protection plan economics 101

An article by Terence O’Hara in the Washington Post is a wonderful piece on the insanity of protection plans, and is applicable here. He writes:

The decision to buy an extended warranty…defies the recommendations of economists, consumer advocates and product quality experts, who all warn that the plans rarely benefit consumers and are nearly always a waste of money.

‘[Extended warranties and protection plans] make no rational sense,’ Harvard economist David Cutler said. ‘The implied probability [of an issue] has to be substantially greater than the risk that you can’t afford to fix it or replace it. If you’re buying a $400 item, for the overwhelming number of consumers that level of spending is not a risk you need to insure under any circumstances.’

…extended warranties play upon a basic human trait to avoid loss, even if it means sacrificing a possible future gain. In this case, the gain is all the other things of value that a consumer could buy with the money that was spent on a warranty

Fix your dings

Fix your dings and dents (if you want) as they come–maybe every spring. Fixing dings keeps your car looking pristine, and increases its value. But don’t bother with a protection plan. Save your money.

Hold off on that paint job

Quality paintless dent repair is often a great substitute for those considering full paint jobs. Whenever possible, it’s best to keep the original paint. Good PDR combined with a professional detail can restore vehicles to show room condition for less than $500.

Go with the best

Since 1983 Dent Wizard has been pioneering PDR technology. Their PDR technicians undergo extensive and ongoing training. The rates are reasonable and the quality is excellent. Always request a master PDR technician, as there are various levels of abilities.

Check with local dealers

Dealerships in your area may offer Dent Wizard. Your vehicle does not have to be of the same make as the dealership. In other words, you can bring your Chevy to a Ford dealer for PDR work.

Myths

Do it yourself paintless dent repair is easy.

No it ‘s not. It requires training, skill, and experience. There are many who practice PDR techniques who crack or flake the paint, or who create ripples in the metal.

The PDR products sold on TV do the same thing.

No! Not even close. There’s no good substitute for the art of PDR.

Scratch and dent repair are the same thing.

No. A ding is a small dent, which can often be repaired via paintless dent repair procedures. A scratch is an actual break in the surface of the clear coat or paint, requiring traditional body shop techniques, or touch up paint.

It’s easy to learn how to repair dents on cars.

Maybe for some, but it’s a skill that few master. Dent Wizard offers a great training program. The management and staff are top notch.

What’s the best car dent removing protection plan?

Money in your bank account!

Car Accidents Involving Drivers With the Same Insurance

You are driving down the road when another driver runs a stop sign, hitting into the side of your vehicle. You check to see if the people in the other car okay, then call the police. While exchanging information with the other driver, you find out that they have the same car insurance carrier as you do, leading you to wonder: How do I file a claim if the other driver has the same insurer? Is the process any different than normal? If so, how?

Read below to find out the answers to these questions and advice on how to make sure you get fairly compensated.

How Insurance Companies Handle Accidents When Both Drivers are Customers

In an ideal situation, an insurance company would handle accidents between two of its' customers the same way they should handle any other car accident: impartially and responsibly. However, this is not a perfect world, and insurance companies have been caught failing to provide adequate compensation to customers in the sake of their bottom line profit.

When a car accident occurs and both drivers have the same insurer, the insurance company must handle it carefully in order to avoid running into a "conflict of interest." To do so, most insurance companies will issue each driver their own adjustor. The idea is that both adjustors will evaluate the claim and liability of the accident independently, and present their findings to each other once they have determined fault.

If both adjustors agree that one of the drivers is at fault, then the adjustor overseeing the at-fault driver will process the claim further and provide compensation to the other driver based on their insurance policy.

However, if there is a complication about liability, and both adjustors do not agree about who was at fault, then they will act as if they work for two separate companies to handle the claim. Two adjustors from the same company will never take legal action to determine fault, but rather come to an agreement amongst themselves.

Oftentimes insurance companies waive a customer's deductible if they are involved in an accident with another customer in order to avoid the hassle of dealing with liability disagreements and a customer accusing them of acting in "bad faith" by making a decision that is not in either driver's best interests.

When insurance company only issues one adjustor to handle both drivers' claims, there is a high risk of a conflict of interest. If this happens to you, contact a car accident attorney immediately to make sure you receive fair compensation.

Advantages of Having the Same Insurance

As unfortunate as getting into an accident is in the first place, there are a few advantages when the other driver has the same insurer as you.

For one, speaking to a representative at your own insurance company is always much easier and less of a hassle than contacting an adjustor from another insurer. Since you are a paying customer, adjustors will tend to provide quicker service than if you had a different insurance company.

Secondly, insurance companies have a monetary motivation to satisfy your claim and provide reasonable compensation to you if you are a customer. In most cases, insurers would end up losing more money in the long run if you stopped using them as your car insurance provider because you were unhappy with the coverage than if they just paid out a claim outright. So rather than risk losing you (the paying customer), they it is often in their best interests to make you happy by paying a claim.

Lastly, when two drivers with the same insurer get into an accident, the claim may be processed quicker than if the accident involved two different insurance companies. Two adjustors who work for the same insurer, and work in the same office, can resolve matters simply by walking to the other adjustor's desk.

Disadvantages of Having the Same Insurer

Getting involved in a car accident with a driver who has the same insurance company can also have its own risks. For instance, an insurer may try to take advantage of the opportunity and protect their bottom line by unreasonably delaying or denying your claim, or even failing to return your phone calls. Or, two adjustors may come to an unfair agreement behind closed doors that allows the company to get out of paying a full claim that they would be forced to otherwise.

Also, insurance policies can be confusing, and insurance companies may try to use that to their advantage by convincing an uncertain customer about a loophole that frees them from the responsibility to provide compensation.

When to Call an Attorney

If your car accident caused only minor property damage and / or injury, you will likely be able to proceed through the usual process-filing a claim with the insurer and letting them appoint the adjustors. However, the if you received serious damage or personal injury, you shouldnt contact a car accident attorney to hold your insurance company Are accountable for fair and reasonable compensation, color : as well color : as answer any questions you may have.

Economical Wooden Floors

Majority of the people do not want to buy the wooden floors as they are very much costly and that is the reason why they use carpets. When you match the price of cement with the wooden floors, you would come to know that the wood flooring is twenty to thirty percent more expensive.

Still what everyone must know is that, wooden floors are by far the best flooring option available for the customers. They enhance the environment and atmosphere of the house, make it look very attractive and eye catching as well. Cemented surfaces make a house appear artificial and during hot weather it is absolutely a menace to walk on such a surface as the floor gets extremely hot.

The wooden floors are costly but one can still get economical flooring as well. You may purchase the economical floors from home improvement stores or from wholesalers. In case you are planning to renovate the house completely then buy the flooring from wholesale stores. The surfaces might seem very expensive but they last for decades and decades which ultimately make them inexpensive in the long run. Always remember to look for all the options available in the market before making the final decision.

Economical wooden floors are present in the market in several home improvement stores, so one can easily find them without any problem. Buying such a surface from the wholesale is probably the best option for the consumers as not only it is inexpensive but also it will keep you away from the problem of visiting the stores again and again to purchase more planks.

If such flooring is purchased from wholesale then they provide you with free delivery as well. Remember shifting these boards from one place to another is not an easy task, so free delivery is a massive advantage for the consumers.

Don’t Let Driver Exclusions Leave Your Insured Bare

Words can be a very powerful tool of communication, but it is important that the correct word is chosen to convey the correct information. One word can change the whole context of a sentence or a contract. It can also be the difference between whether your client has insurance coverage in a certain situation or not. When entering into an insurance policy contained in a “driver exclusion”, understanding the difference between the words contained in a “driver exclusion” is vital to ensure you fully understand the policy’s coverage, and can explain it to your prospect.

Since car dealerships can have many drivers, some with undesirable driving records, insurance companies many require that a “driver exclusion” endorsement be added to the policy or a “driver restriction” becomes part of business practice. Basically, a driver exclusion is an endorsement added to an insurance policy which is signed by the policyholder and the individual named on the exclusion acknowledging that the insurance will not apply under certain circumstances described in the endorsement. It is important to note that the absence of coverage does not take away responsibility from the policyholder or the excluded driver if the excluded individual is involved in an accident. These forms can vary greatly among insurance companies. Each can have a different effect on an insurance policy and should be reviewed with by the policyholder with their agent and their attorney. Some states have determined that a driver exclusion endorsement continues to be effective into a renewal policy without executing a new endorsement. It is important to make sure that if an excluded employee’s driving record has improved that this is reviewed with the insurance agent any time during the policy period, and especially at time of policy renewal.

Because driver exclusions are effective in most states in changing insurance coverage, they are added to a policy by special endorsement and become part of the insurance policy. Although the titling of these endorsements is very similar, the wording contained in the endorsement can vary greatly and have a carrying effect on the coverage.

Some endorsements show titles such as “Driver Excluded”, “Driver Exclusion” and “Named Driver Exclusion.” Titles such as these would make you think they all would change your coverage the same exclude coverage for a specific employee. For the endorsement to be effective in its intent, it will also include wording eliminating coverage for the dealership and all named insureds. Let’s take a closer look at some of the endorsement wording to see how they may impact your client’s business. Remember, each claim situation and specific state laws and regulations many change our general explanations.

The following are excerpts from one driver exclusion endorsement. “The person indicated below is excluded from coverage.. when driving any motor vehicle… and this exclusion applies to all insureds.” This endorsement appears to remove coverage only when the person named in the endorsement is driving. But it refers to any motor vehicle and does not address ownership of the vehicle. This would lead the impression that the exclusion applies to the dealership’s vehicles, customer vehicles, vehicles owned by the named person and any other vehicle they may be driving and potentially involves the business.

Another driver exclusion contains the following: “The person designated… is excluded from any coverage… when operating any motor vehicle… applicable to all insureds of this policy… whether or not the operation as with expressed or implied permission…” This is similar to the previous example, but not exact. In this endorsement, they use the term “operating” instead of “driving” and add a condition about permissive use. Is “driving” different than “operating?” If one of the mechanics named in a driver exclusion is showing a customer why they are having a certain complaint with their car by starting their car, opening a door, hood or deck lid, will this be considered “operating?” If any of the mechanic’s actions cause damage to the customer and the insurance company considers his actions as “operating,” then will insurance coverage will not be provided for that incident. This endorsement sample has added wording addressing permissive use clarifying that giving an excluded driver permission to use a vehicle, or the excluded driver driving without permission, will not void the endorsement.

Although this next endorsement example does not specifically state that it will not cover the policyholder, it does state that this insurance does not apply and the assumption can be made that it will not apply to any insured when an excluded driver is involved in an accident. The following wording is quite different from the previous two examples and seems to broaden, beyond “driving” or “operating”, the types of situations that will not be covered. The wording is: “This insurance does not apply… arising out of the ownership, maintenance or use… This exclusion will also serve as a rejection of the Uninsured Motorist, Underinsured Motorist…and Personal Injury Protection…” In this situation, your client has a good employee with an unacceptable driving record and their insurance company is requiring this exclusion. Your client wants to keep the employee, realizing they are now excluded per the endorsement and reassigns them to detailing or washing vehicles. While performing their duties, they injure a customer. They may not have coverage if your client’s insurance company considers this “maintenance.”

The example endorsement wording contained in the above paragraphs is actual extractions from endorsements currently used by insurance companies that are writing insurance for auto dealerships and various garage businesses. These endorsements usually state that they modify insurance provided under the Garage Coverage Form and Business Auto Coverage Form. Both of these coverage forms contain coverages other than liability coverage, such as Garagekeepers Legal Liability, Physical Damage to inventory and other endorsements for Auto Med Pay, Uninsured Motorist, No Fault and many other optional coverages that can be effected by a driver exclusion endorsement. Advise your client to make sure their insurance agent tells them what coverage and endorsements will be effected by a driver exclusion endorsement.

Since a major part of your client’s business involves the use and driving of automobiles, a driver exclusion naming any of their key employees can have a significant effect on their daily business activities and financial stability if an excluded driver is involved in a not covered claim. What can you do to help your client avoid having driver exclusions added to their policy??

If your client asks their insurance agent to specifically find out why their insurance company wants to exclude an individual, your client along with the individual can determine if there is anything that can be done to remove the insurance company’s concern and avoid having the exclusion on their policy. Upon request, the insurance agent can research other insurance companies to determine if they will demand the same restrictions excluding certain drivers and verify any significant change in pricing. If the policyholder prefers to stay with their current insurance company, advise them to suggest a driver restriction form rather than a driver exclusion endorsement. Typically, a driver restriction form is not part of an insurance policy and does not affect coverage. It is used as a management and vehicle control tool in restricting the driving activities of selected employees that have undesirable driving records. The form requires the signature of the concerned employee and the policyholder, both agreeing to its terms. Depending on the individual’s position with the company and the types of driving violations, the form can restrict all driving or specifically list various situations describing when the individual is permitted to drive. This type of in-house agreement has been acceptable by some insurance companies in lieu of enforcing a driver exclusion endorsement.

Implementing a formal loss prevention program that includes a driver training program, encouraging defensive driving for employees and monitoring employee motor vehicle records may also help convince an insurance company to remove driver exclusion endorsements from a policy. In some situations, your client may also want to install GPS tracking devices allowing them to track their employees’ driving habits and destinations.

If any of these suggestions are successful in removing driver exclusion endorsements from your client’s insurance policy, they are worth yours, as well as your client’s efforts and cost in keeping their insurance company from eliminating coverage from them and named drivers. Their insurance company may still require driver exclusion endorsements for some individuals with very poor driving history. If this happens, advise the client to make sure the endorsement is limited in its restrictions and specifies the coverages effected.

The Hidden Dangers of "Permissive Use" Restrictions in Your Auto Insurance Policy

One of the most frequent questions I get as an auto insurance agent is “who is insured to drive my car?”

Sometimes the answer to this question can be trickier than most people realize. If you never loan your car to others and you never will, none of the restrictions I discuss here will matter to you and you can stop reading now.

Short answer:

People that are listed on your policy enjoy the full benefits of your policy coverages with no restrictions. For those that borrow your car that aren’t listed, they are generally covered as long as you have given them permission to use your car; this is called “Permissive Use” and all policies have some form of, or interpretation of, permissive use. Excluded drivers are never covered nor are un-named drivers who “use the vehicle without a reasonable belief that the person is entitled to do so” (sometimes referred to as “theft”).

Depending on the company you are insured with, interpretations of permissive use can vary dramatically and some insurance carriers are very strict in their enforcement of the rules.

By reducing or restricting coverages through different applications of permissive use, carriers can reduce their risk (and claims costs) thereby reducing the cost of their policies to make them more affordable for their policy holders.

Three examples of the “Permissive use” restrictions carriers utilize include: “Drop-down limits”; “Double deductibles”; and “No physical damage coverage”.

Drop-down Limits:

Oftentimes there are dramatic reductions in coverage amounts on insurance policies even when a permissive user has an accident. One such reduction is called “drop-down limits”. “Drop-down limits” means that if a person has an accident while borrowing your car, the limits of liability are reduced to what the state’s minimums are. For example, the state of California requires minimum limits of only $15,000 per person for bodily injuries (BI)/$30,000 per occurrence maximum for bodily injuries (BI)/$5,000 for property damage (PD).

Example: Driver “A” has an insurance policy with full coverage with permissive use and his liability coverages are $100,000 per person (for BI)/$300,000 per occurrence (for BI maximum)/$50,000 per occurrence (for PD). His policy has a “drop-down limit” clause. Let’s say he loans his car to a friend (driver “B”) and that friend has a serious accident where the bodily injuries to other party amount to $65,000 and he totals the other car which has a value of $28,000. In this scenario, the “drop down limit” is in effect and the most Driver A’s policy will pay is $15,000 for the other persons injuries and $5,000 for their vehicle which clearly isn’t enough. In this case, Driver A is legally liable for the balance of the damages because he is the owner of the vehicle; $50,000 for injuries and $23,000 for the vehicle. If Driver B has coverage, their coverage would be secondary and their limits would then apply until they run out as well. Otherwise, Driver “A” will most likely be sued by the other party.

Double Deductibles:

One coverage that is available with your auto insurance is called collision insurance. Collision insurance protects your vehicle for damages that are a result of a collision with another object. I.e. another vehicle, a building, etc. Collision coverage has a deductible which is the “out of pocket” amount you have to pay first before the insurance carrier steps in to repair or replace your car. Typically deductibles can range from $100 to $2500 but most of the time they are either $500 or $1,000.

They way the “double deductible” restriction works is if an un-named driver has an accident while driving the car with your permission, the collision deductible is doubled. Hence your $500 deductible is now $1,000, or your $1,000 is now $2,000. Hopefully your friend that borrowed your car is willing to chip-in and pay the extra deductible amount.

Sometimes the “double deductible” restriction is based on the age of the driver who borrows your car. For example, the deductible for collision is only doubled if the driver is younger than 25 years old.

No Physical Damage Coverage:

This restriction works just like the “double deductible” described above. However, this restriction is much more punitive.

Simply stated, if an un-named driver borrows your car and has an accident the insurance company will pay the third-party damages (liability), but the damages to your vehicle will not be eligible for coverage.

All of these “permissive use” restrictions are described in detail in your policy initially and also in your renewals. These restrictions should also be disclosed by your agent when you buy your policy, which is why you want a professional insurance agent/broker who really understands these intricacies and can effectively explain these restrictions to you when you apply for coverage.

Permissive use restrictions are also very common and are employed by some large, reputable nationwide insurance companies so be sure to examine your policy carefully.

Auto insurance policies are not all standardized. They are different from carrier to carrier and there are a multitude of coverage benefits, restrictions and exclusions that are unique to each company. Make sure to consult with your agent to see how your particular policy works.

Food for thought – next time you are considering buying a policy “online” without a human helping you, or from an “800#” with an “order taker”, consider how details like these may not be adequately described or may somehow get lost in translation – it pays to have an agent who can really look out for you.

Owner Operator Insurance – Non-Trucking, Bobtail & Unladen Liability Definitions and Impact

As in any business model, Motor Carriers (MC) utilizing Owner Operators (OO) enjoy certain benefits while also assuming additional risks. One such risk is the potential “uninsured” exposure of the OO while not in a “business use” capacity for the Motor Carrier. The MC’s Trucking or Commercial Auto Liability (AL) insurance policy provides coverage for the motor carriers’ owned units as well as any hired tractors and trailer during their time of hire. Coverage ceases for an Owner Operator once they are no longer in a “business use” capacity for the Motor Carrier. The concern is the OO continues to utilize their vehicle while displaying the MC placard and may not have other insurance available. Many times, the “deep” pocket of the MC is called upon to make the injured 3rd party whole.

Three products have been developed to address the coverage gap for the Owner Operator.

Non-trucking Liability:

Cost: Low

Protection to Motor Carriers Auto Liability: Low

Market Availability: High

Non-Trucking Liability provides protection for “personal use” by utilizing a Trucking or Commercial Auto Liability policy form and attaching a “business use” exclusion. The difficulty arises in that the definition of “business use” is not typically defined in the policy rather it is derived directly from various state and federal court decisions interpreting this phrase.

Unfortunately, “business use” has been interpreted very broadly and extends beyond “dispatch”. Following are some typical scenarios that would not be covered by the Non-trucking policy due to the broad interpretation of the “business use” exclusion:

  • OO drops load and his heading home to include a trip deviation to the grocery store (courts determine OO is owed a trip home)
  • OO takes vehicle to garage on weekend for maintenance (courts determine OO is maintaining unit in accordance with MC lease requirements)
  • OO is out of town, between loads. He goes to movie theatre. (courts determine OO is out of town at direction of MC)

Example of Coverage: OO utilizes their truck on personal time to run to grocery store and hits another vehicle.

Bobtail Liability:

Cost: Medium

Protection to Motor Carriers Auto Liability: Medium

Market Availability: Low

Many in the transportation industry use the same terminology for Bobtail Liability and Non Trucking Liability, when actually they are quite different. Bobtail defines coverage as “any time the trailer is unattached” whether or not the OO has been dispatched by the motor carrier.

Example of Coverage:

  • OO drops load and bobtails to pick up next load.
  • OO drops load at end of day and bobtails homes.
  • Be aware the Bobtail Policy will not respond anytime a trailer is attached, even if truly in a personal situation, e.g.:
  • OO brings homes an empty trailer and runs to the store on the weekend.
  • OO uses his tractor to a move a mobile home on weekend.
  • OO assists a friend in moving by pulling trailer with household goods

Unladen Liability:

Cost: High

Protection to Motor Carriers Auto Liability: High

Market Availability: Very Low (Per Class Basis)

Unladen Liability provides the least ambiguity in coverage and the broadest level of protection for the MC and OO. This policy provides coverage while bobtailing (no trailer attached) as well as while deadheading (trailer does not contain or carry any cargo – no bill of lading), regardless of dispatch. The difficulty with this coverage line is the low availability (typically not available in a master settlement deduct program; rather the OO’s need to obtain on a direct basis).

There are pros and cons to each of the coverage models which vary depending on the risk tolerance and the operations of the Motor Carrier and Owner Operator. Deciding on the right program can be critical to managing your risk. Enlist the help of a qualified insurance broker to review your current insurance programs and operations and to provide suggestions and options that best fit your needs.

All About Athens

Athens is the capital city of Greece. It is a modern, big city as the capitals of other European countries are, and more than a million people live in Athens and its suburbs. But Athens is also one of the most important cities of history. Thousands of years ago, when most of the men on earth were still ignorant savages, the learning and the science and the art of today had their start in Athens. About five thousand years ago, men first built a city where Athens stands today. They built the city around a rocky hill about four hundred feet high.

On this hill they built walled-in fortifications called an acropolis, about which there is a separate article. The people lived around the hill and farmed the land. If an enemy attacked, they could all go to the Acropolis for safety. All cities in those ancient times passed under the rule of one king after another, fought and lost many wars, sometimes were conquered and ruled by neighbouring peoples, and sometimes conquered the neighbouring peoples and ruled them. For hundreds of years, Athens rose and fell in this way.

But about three thousand years ago-not long after the year 1000 B.C. – the people of Athens began to develop a civilisation greater than the world had known before. The first step toward this was the Greek language as the Athenians learned to use it. No other language then had the words needed to write great books of science as well as great poetry and other literature. The poetry of Homer, written in this language, is still as great as any that has ever been written. In the hundreds of years that followed, the drama was born in the plays of Aeschylus, Sophocles, Euripides, Aristophanes, and others. Three of the greatest philosophers of all time, Socrates, Plato, and Aristotle, taught and wrote in this Greek language.

Laws written in this language, by the great statesman Solon and others, gave Athens one of the earliest democratic governments. The Greek language is still used by scholars throughout the world. Athens became a democracy in 508 B.C. The two hundred years that followed were the times of its greatest glory. During this period the sculptor Phidias and other Athenian sculptors built the magnificent buildings on the Acropolis and carved statues that are still models of beauty. The people elected their own leaders. Athens was a “city-state,” which means that it was a city but also an independent country. There were many slaves, however. In 338 B.C., Athens was conquered by King Philip of Macedon, a neighbouring country in Greece. (Philip was the father of Alexander the Great, who conquered almost the entire civilised world.)

After it fell under the rule of Macedon, Athens did not become big and independent again for more than two thousand years. The Romans ruled it, then a series of conquerors until the Turks made it part of Turkey about four hundred years ago. Athens became just a small town. In the year 1834, the entire country of Greece became independent again and Athens was made the capital. It began to grow, and now is a great city again. It is the seat of the Greek Orthodox Church (also called the Orthodox Catholic Church), and the capital of the kingdom of Greece. About two thirds of all the manufacturing in Greece is done in and near Athens. The remains of many of the great buildings of ancient Athens, including the Acropolis, can still be seen there. During World War II, the Germans occupied Greece and captured Athens, but it was not damaged.

Calculate Pain And Suffering The Right Way And Settle Your Car Accident

How to calculate pain and suffering? This is a difficult and controversial issue. When you are in a car accident, the insurance company wants to get a written document that releases any and all claims against the person that caused your damages and injuries. To get that release, the insurance

adjuster must compensate you adequately.

You are entitled to special damages (medical bills, wage loss, medicine, etc.) and general damages (pain and suffering, loss of consortium, physiological injuries, etc.) Most of the time, calculating the Special Damages is not very difficult and there is not much debate over the value of the medical bills, wage loss, and other medical expenses. You can add them all up and submit your receipts. However, calculating general damages, which includes pain and suffering, can be very difficult.

How much is your headache worth? Depends who you ask. If you ask the insurance adjuster, she will tell you about $5. If I ask you, then it is probably worth much more than that.

Personal injury attorneys use the medical bills or all “special damages” as a way to calculate general damages. Some multiply the medical bills by two, other by three or even four times (depends in your

jurisdiction). This is only a rule of thumb. The insurance adjuster will fight you and will tell you that that is not an accurate way to calculate pain and suffering. There are no laws that will give you a formula to calculate the value of the injury.

Simply multiplying your medical bills will not yield an accurate number. You could have an injury with medical bills of $2,000 but the pain and suffering be worth much more than three or even four times that value. For example, a fifteen year old girl that suffers a cut in her face, leaving a scar from her eye to her chin. Medical bills for stitches and cleaning the wound might not be very much, but the psychological injury of growing up with such injury could be worth much more.

Multiplying the medical bills is not very accurate when assessing the value of pain and suffering, however it can guide you. Remember that there are many more claim than just “pain and suffering” in a car accident. You can ask for loss of consortium, loss of earning capacity, loss of quality of life, etc. For a detailed list and explanation of each type of claim, visit http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html. All of these claims can add to a lot of money. Most people forget to ask for any of those types of damages. Insurance companies do not explain the process and they just want a release for any and all claims, including all those damages you forgot or did know to ask for. Insurance companies do this on purpose. Be aware.

Insurance adjusters are ready to tell you that the value of the injury is separated from the accident itself. They are trained to argue that they are settling for the neck pain, not the fact that the total loss settlement

was low. They try to narrow the scope of the settlement. For example, they will tell you that the fact that the driver that hit was drunk is not accounted for because they are looking at pain and suffering. Your pain will not be more or less because someone else was drunk. If you were hit at the same speed and the

same conditions by a sober person, your pain and suffering would be the same (same impact, same injury).

The insurance adjuster would be correct; the pain would be the same. But remember that what the insurance company is doing is “buying your lawsuit”. Would the fact that a driver hit you while intoxicated increase the value a jury would award you? I think the answer is probably yes.

To get the most out for your pain and suffering, use the value of your medical bills, the circumstances surrounding the accident, the type of injury, similar cases jury awards, and all the bodily injury claims you

can make. Double check every argument the insurance adjuster is making. Make sure you are getting a fair treatment.

Career Prospects Through Business

If you have planned to take up business courses then you have taken a significant step in your career. No matter what your career purposes, it is imperative that you go for a degree programme that equips you with the fundamental achievements needed to maximize those expectations.

Business management is a mesmerizing field of learning not only due to its relationship to making money (needless to say which almost all of us love) but also for the reason that it informs us a great deal with regard to the world and its people.

How businesses thrive in their goal of making money has been considered by several. Various studies have surfaced with a lot of hypothesis on this subject. These premises have also been practiced and the outcome has been observed.

Students will obviously attain this in the best promising and attaining surroundings, with the best amenities and instruction. Every business school boasts the position of being talented, to provide all those requirements with expert perceptivity and knowledge to train students for the world of business work.

Business management courses concentrate on management science and systems science, which are integrated progress to problem solving that hypothesize the pace of changes in business at present. A BSc., Management degree contributes applicable insight into business and renders advanced problem solving instruments that are polished and prepared for convenient, specialized use.

Such courses of study offer a sound foundation for a career in management practice, or in areas like finance, IT, stock broking and marketing. Several business schools catch the attention of employers of graduates such as WIPRO, IBM, Morgan Stanley, and Deutsche Bank.

One fundamental part of any Business management courses is the chance to gain knowledge in the performance of a leading organisation. Undergraduates can choose between an interim internship at some point in either the holidays or a yearlong professional appointment. Both choices modify students to achieve the expert experience treasured by graduate employers and many students work for their internship or placement employers after graduating. With a sophisticated awareness and apprehension of management and systems sciences, business management graduates are educated for the big, extensive world.

Fresh management graduates are frequently hired directly from their colleges. Business organizations, corporations, foreign banks, foreign economic organizations and several others try to encourage students from the best management schools with productive offers. The majority of the key business schools have also started career placement methods for the advantage of graduating aspirants’.

It is no wonder that students from the best management schools have got a good break even during the economic downturn. The career visions for those who an MBA degree from any of the most reputed Management School is enormous. Business managers are vital in nearly every business. So shifting jobs is not very difficult since an MBA from a reputed institute leads to a better placed job. Business managers are amongst the maximum earners in any country even today. An MBA more or less at all times assures high salaries.