Driver at fault liabilities. My son was recently rear ended where the other driver was ticketed. He took the car to where her insurance company wanted and had them look at it. Now they say the damage is more than the car is worth and want to pay for the value of his car. My son is a full time student and works full time and won't be able to buy another car in as good as shape from what they may offer. What are his options?
No Name
No Email



OK – This is when having a clever agent comes in handy – See if your agent will call the At fault company and ask them to find a similar car , buy it for him and settle the claim by exchanging titles. If your agent is unwilling to call then call the Company and/or the adjuster and ask them yourself.

I have done this TWICE in my 30 year career and both times the has been a positive result , the AT FAULT carrier may ask you to sign off that they do not in any way warrant the new car , but at least your son will have a set of wheels.

This also can be done if there is a bank or a lien holder, it is called “Substitute Collateral” I hope you read this post since I did not get your email address –

Thanks for Reading our Blog

Christopher P. Kazor, CIC, Lutcf
NuSurance
www.nusurance.com


[ 2 comments ] ( 13 views )   |  [ 0 trackbacks ]   |  permalink  |  related link  |   ( 2.9 / 76 )

---

I am absolutely livid with you insurance companies. I have only used my insurance twice in three years. Once for a $50 Tow and then about 4 months ago $50 when I locked my keys in my car. I started to shop around for auto insurance. I did not think of these claims and told my new agent that I had no claims, I went to her office and signed the papers – Then she calls me and tells me she can not give me that rate because of my claims. WHAT CLAIMS –

What gives! Can you help me?

Mary H. Live Oak Florida


UGH – It is True. All agents use something called CLUE. It is a service, which lists all your losses, and unfortunately we have had the same problems with our companies. This was a very timely comment since we will be Offering both a Towing and Labor Service and a Motor Club Both neither will report to any claims service. I highly recommend you drop the towing and labor on your policy and buy an independent motor club service

Christopher Kazor, CIC
NuSurance
Direct 813 514 6982


[ add comment ]   |  [ 0 trackbacks ]   |  permalink  |  related link  |   ( 2.9 / 363 )

---

Absolutely, anytime you ask someone to do something you become vicariously libel for their actions. Check with your agent to endorse your Business Owner Policy or General Liability policy with “Hired and Non-Owned Auto” or if you have a commercial auto policy make sure your policy has Liability , symbol 1 “Any Auto”- . Of course you can contact us

Christoher Kazor, CIC
NuSurance
813 514 6982


[ add comment ]   |  [ 0 trackbacks ]   |  permalink  |  related link  |   ( 2.8 / 253 )

---

Does my pip cover my treatment for an accident that happened in someone else's vehicle while we were driving in another state?

Thomas F - Melbourne FL




Thomas – the answer is NO! – "Out of State, Out of YOUR Car, you are out of Luck".

In other words If you were in YOUR "Owned" Florida registered auto and you were out of state then you and "Resident Relatives" will have PIP coverage.

If a Florida Auto is out of state, and that owner has, an optional coverage called Medical payments, the medical payments will be given to EVERY passenger. In addition if you are the one in the out of state auto and you purchased Medical Payments coverage we usually recommend either $2,000 or $5,000 then you would have that coverage in addition you the owners medical.

Christopher Kazor, CIC

[ 1 comment ] ( 7 views )   |  [ 0 trackbacks ]   |  permalink  |  related link  |   ( 3.3 / 41 )

---

If my minor child was hurt in a car accident in someone else's car, why does my insurance have to pay for medical bills? She is not a licensed driver and does not own a vehicle.
Asked By janemc

Excellent question and one that is taken for granted. –

In 1971 Florida was a “Tort State” That is everyone in the state had to carry 15/30/15 that is liability limits of $15,000 Bodily Injury per person you injure if you are at fault - $30,000 maximum if all injured in that accident and $15,000 for Property damage. Then, the one who was at fault in the accident paid fo ALL the injuries!

October, of 1971 The State Legislator enacted The Florida “No Fault” Law which declared that everyone in the state would be responsible for their injuries in a defined motor vehicle…. REGARDLESS OF WHO IS AT FAULT. Hence the term PIP can be used synonymously with No Fault. In essence those who own a car in the state of Florida and comply with the laws have a “Bag Of Money” with them at ALL times while in the state of Florida. In addition all resident relatives and those the “Named Insured” is responsible i.e. minor children also carry the bag on money.

Anyone who is jogging – taking a walk or even sitting in their home relaxing – If a car comes crashing through the wall and hits a person in the sofa strangely enough , that person’s ( the person who is in the sofa relaxing) PIP will be the first coverage to respond up to $10,000.

Several years ago one of my clients children was in a school bus during an accident , her minor injuries were paid through her Fathers insurance under PIP and my client asked me the same question. Why?

The answer is simply that is the law in Florida.

You can ALWAYS sue in tort for any monies OVER the $10,000 but for the first $10,000 you or your PIP is responsible.

If you do not own a car and are riding in someone else’s auto then you will be given a Bag Of Money of $10,000 by the owner of that auto's PIP. However you must show to that insurance carrier that you did not have to comply with the PIP law.

If you should have complied and did not it is very likely YOU will be responsible for your own injuries up to the $10,000 even if YOU WERE NOT AT FAULT.

I understand that that does not seem correct but that is the Florida Law

Christopher P.Kazor CIC, Lutc,f
Principal Agent
NuSurance Corp





[ 2 comments ] ( 10 views )   |  [ 0 trackbacks ]   |  permalink  |  related link  |   ( 2.9 / 323 )

---

PIP Confusion

The drivers of the state of Florida right now are so confused and rightfully so. There has been a bitter fight insurance company and insurance company vs. insurance company and medical professionals vs. medical professionals and Lawyers vs. Lawyer and insurance company… and verses and verses. All this, while the poor driving public of Florida is caught in the middle and is helpless and most clueless of what is happening.

To start lets find out just what the heck is PIP.

The Basics

First states are generally broken up into two categories, Tort States and PIP States. If you live in a Tort state things are a bit less complicated and easier to understand. In a nutshell if you are in a car accident and you are “At Fault” then you are responsible for the injuries of others. You will be sued for all, injuries to the other drivers, passengers and any property damage that you caused.

In a tort state it is absolutely necessary that you have liability insurance to pay for such damages and most states have a requirement of minimum liability such as 25/50/25. To translate that is $25,000 for Bodily Injury you do to one person in and accident, $50,000 Total per accident for Bodily Injury and $25,000 for Property Damage.

PIP States, out of fifty states at one time there was 38 states that were PIP States, today there are 12 er no, 11 er no effective January 1, when Florida “re-becomes” a PIP State 12 again.

What is PIP

Frankly, PIP is a lot more complicated than a tort. Why? First each state employs a different degree of PIP. In order to explain PIP we need to explain “PURE PIP”, which no state employs.

In a “Pure PIP” environment in any accident each person would take care of ALL their own injuries and a law suit against the other party would be prohibited by law. Hence, PIP is also known as “No Fault”. Theoretically each person would buy their own policy to pay for their injuries instead of suing the AT FAULT person. Hmmm, no lawsuits, you can imagine how attorneys would feel about that. That is just one drawback; the second is how much coverage each person should have under a “PURE PIP” environment. Because of this the remaining handful of PIP states have varying degrees of PIP.

Florida PIP

In 1971 Florida legislators passed the PIP law and no longer was it mandatory to secure liability insurance but at that time only one coverage was necessary to register your vehicle. PIP.

The Florida version of PIP every citizen of the state of Florida would buy this coverage and have a “bag of money” of $10,000 to take care of themselves for injuries resulting from “any” auto accident. Your coverage will pay no matter who was at fault.

The problems with this law were immediate. First it contradicted the Florida responsibility law which in short states that when a driver is involved in an accident that involves bodily injury or property damages to an extent that an auto is disabled you must prove you have liability limits of 10/20/10 or $30,000 of combined liability.

The second problem was the law did not address any “Property Damage” done by the at fault driver. That was remedied a few years after with the addition of $10,000 of mandatory property damage liability being added to the requirements to register your car.

Another problem was that of “Tort Immunity” or “Tort Exemption”. The problem, no one really understood it.

Tort What?

“Tort Immunity” also known as “Tort Exemption” is what PIP is all about. If you recall under “PURE PIP” you may not sue the at fault party, that is Tort Immunity. As we also mentioned each state has varying degrees of PIP and also varying degrees of “Tort Immunity” In order vary the tort immunity each state must define the limit of the immunity. States have either a Financial “Threshold” or Verbal “Threshold”. For example a person may not sue the other at fault person until their medical bills exceed $50,000, this would be a example of a Financial or Dollar Threshold.

Florida has a “Verbal Threshold” although each person is responsible for the first $10,000 of their own injuries regardless who is at fault, you can sue the “At Fault” driver for any economic damages you incur over the first $10,000 but, you will NOT be able to sue for any “non economic” injuries (such as Pain and Suffering) unless you “pierce” a threshold and this is Florida’s extent of “Tort Immunity”

What were the problems with PIP?

The spirit of PIP was quite noble, instead of suing everyone for small accidents the PIP coverage would cover “most” medical expenses, loss of work and even some household chores you were not able to do because of the accident. Thus there would be a reduction in lawsuits.

Well, although noble the law almost immediately added an new level of litigation and/or negotiation, that is determining whether a threshold had been crossed. The Florida verbal thresholds are : 1. Loss of a bodily function 2. Permanent injury 3. “Significant” scaring and 4. Death.

Death is the easiest threshold to determine, if a person is still breathing then obviously the threshold has not been crossed and the person can not sue for “non economic” injuries such as pain and suffering. But the other thresholds such as: Significant scaring may be harder to interpret. So much having fewer lawsuits.

I want you to think of the last time you were driving and drove by an auto accident. How many folks did you see in each car or van? At least 2, 6, 10 ? What ever the number multiply that number by $10,000.

The problem became “Fraud”. No matter how little the injury unethical medical practitioners bilked the companies. Artificially increased bills paid by insurance were ultimately passed on to us, insureds.

Florida’s Flip Flop

On October 1, 2007 Florida’s long suffering PIP law was laid to rest with many insurance companies bidding it a happy farewell only to be resurrected a few days latter at the behest of Florida’s governor.

Currently, as of today October 14, 2007 there is no PIP law in effect , no $10,000 bag of money to cover your medical expenses, no tort immunity actually not much of any kind of mandatory coverage until January 1, 2008 when PIP will be reinstated.

Many companies had scrambled to add a “Non Statutory” PIP to give everyone $10,000 benefits and we recommend at least that with at least $2,000 of Medical Payments and uninsured motorist.

Now would be a good time to contact your agent and review your coverages.

Christopher P. Kazor, CIC Lutcf is president of Nusurance Insurance agency http://www.nusurance.com He has been active in the insurance industry since 1978 and has been licensed as an insurance agent, adjuster, and insurance instructor. For more information call Christopher Kazor at 813 514 6982.
Nusurance Corp
813 514 6982
9280 Bay Plaza Blvd. Suite 706
Tampa, FL 33619
www.nusurance.com


[ add comment ]   |  [ 0 trackbacks ]   |  permalink  |  related link  |   ( 3 / 240 )

---

Question – do insurance companies really check my credit before I get an auto quote?


Yes, most companies do check your credit. The company will order what is called a “soft hit”. We have been told by our companies that a soft hit will not count as a credit inquiry. The agent DOES NOT see your credit report, the company evaluates the report and then scores it. That score is entered into a very complicated equation and from that a premium is generated.

CK


[ add comment ]   |  [ 0 trackbacks ]   |  permalink  |  related link  |   ( 3 / 189 )

---

Back

(C) 2007 - Nusurance Corp. - Page Generated in 0.1512 seconds | Site Views: 4186