The need for title insurance arose historically from the fact that traditional methods of conveying real property did not provide adequate safety to the parties involved. Until a century ago, transferring title to real property was handled primarily by conveyancers, who were responsible for all aspects of the transaction. The conveyancer conducted a title search to determine the ownership rights of the seller and any other rights, interests, liens or encumbrances that might exist with respect to the property, and, based on its search, provide a signed abstract (or description) of the status of the title. Although the conveyancer was generally not a lawyer, that individual was recognized as an authority on real estate law. The origin of title insurance is directly traceable to the limited protection that the work of such a conveyancer provided to the purchaser of real property. In 1868, the celebrated case of Watson v. Muirhead (57 Pa. 161) was filed in Pennsylvania. In that case, Muirhead, a conveyancer, had searched and abstracted a title for Watson, the purchaser of a parcel of real property. In good faith and after consulting an attorney, Muirhead chose to ignore certain recorded judgments and to report the title as good and unencumbered. On the basis of Muirhead's abstract, Watson went ahead with the purchase, but was subsequently presented with, and require to satisfy, the liens that Muirhead had concluded were not impairments to title. Watson sued Muirhead to recover his losses, but the Pennsylvania Supreme Court ruled that there was no negligence on the conveyancer's part and dismissed the case. Watson, an innocent purchaser who had suffered financial damages because of the encumbrances on his title, had no recourse. The decision of Watson v. Muirhead demonstrated clearly that the existing conveyancing system could not provide total assurance to purchasers of real property that they would be safe and secure in their ownership. As a result of that decision, the Pennsylvania legislature shortly thereafter passed an act "to provide for the incorporation and regulation of title insurance companies." The first title company was founded in Philadelphia in 1876. This new type of insurance (called "title insurance"), addressed the concerns raised in Watson v. Muirhead by providing: 1. Responsibility without proof of negligence; 2. Financial protection through a reduction of the risk of insolvency; and 3. The assumption of risks beyond those disclosed in the public records (for which the abstractor was not liable). Since the late 1800s, the title insurance industry has grown to where it now is an essential component in an overwhelming majority of real estate transactions in this country. The services provided by the title insurers may vary somewhat from one area of the country to the other, reflecting the different laws, customs and procedures of the various states and counties throughout the nation. But the essential purpose of these services is the same - to assist all of the parties in real estate transactions by ensuring that the acquisition or transfer of an interest in real estate can be effected with a maximum degree of efficiency, security and safety. |
Monday, January 26, 2009
The History of Title Insurance
What is Title Insurance?
When buying a home for the first, or even second, time, you know that many considerations will arise in addition to the usual concerns like the mortgage and closing fees. Purchasing insurance is now a factor, and depending on where you live you may be faced with taking out policies for home, fire, and flood. However, few new home buyers may realize the need for another specific policy, particularly if the home they are buying is not new. Title insurance can prove valuable to the homeowner. What is Title Insurance? Simply defined, title insurance protects the homeowner against loss when issues tied to the property's title come into questions. The title is essentially the deed to the property, the legal document that transfers ownership of the home, land, and whatever else is specified therein from one person to another. In an ideal real estate transaction, the seller will sign the title over to the buyer. The document now proclaims that the buyer is now the owner of the property. It should be a cut and dry process, but in certain situations the title of a property may come into dispute. For example, a home that had been owned over generations - sold to an outsider - may become the object of a legal battle should somebody in the family claiming to be the rightful owner decide to challenge the title. Also, it may come to pass that a seller who has no authorization to transfer a title does so anyway - maybe through forgery - thereby committing a fraudulent transaction. The holder of the title may then have to face legal and financial problems that could result in losing the property. What Title Insurance Does With title insurance, any possibilities of problems arising from a real estate transaction are smoothed over to allow for a clean sale. Unlike other types of insurance which pay after something happens, title insurance works protects the policy holder from losses incurred prior to the policy's release. Issues such as ownership disputes, unpaid taxes or liens are handled and cleared before the sale is final. What Title Insurance Does Not Do As mentioned earlier, title insurance differs from policies like car and fire insurance in that it doesn't cover losses the occur after the sale. If someone were to put a lien on your home, the title insurance would not cover any losses since the event happened after the policy was taken out. The insurance only protects you from losses involving the property's previous owner. In turn, should you decide to sell your home, a prospective buyer may take out a policy to protect himself from any issues (ownership, taxes) you have had as a homeowner. While title insurance is not required for the homeowner, it can be a good investment for those seeking to buy certain properties. When the you consider the possibilities, having title insurance may save you a few headaches as you purchase your new home. |
Why You Need Title Insurance
Protecting your Home Investment A home is usually the largest single investment any of us will ever make. When you purchase a home, you will purchase several types of insurance coverage to protect your home and personal property. Homeowner's insurance protects against loss from fire, theft, or wind damage. Flood insurance protects against rising water. And a unique coverage known as title insurance protects against hidden title hazards that may threaten your financial investment in your home. Protecting Your Largest Single Investment Title insurance is not as well understood as other types of home insurance, but it is just as important. You see, when purchasing a home, instead of purchasing the actual building or land, you are really purchasing the title to the property - the right to occupy and use the space. That title may be limited by rights and claims asserted by others, which may limit your use and enjoyment of the property and even bring financial loss. Title insurance protects against these types of title hazards. Other types of insurance that protect your home focus on possible future events and charge an annual premium. On the other hand, title insurance protects against loss from hazards and defects that already exist in the title and is purchased with a one-time premium. Two Kinds of Title Insurance Benefit You in Two Ways There are two basic kinds of title insurance:
Most lenders require mortgagee title insurance as security for their investment in real estate, just as they may call for fire insurance and other types of coverage as investor protection. When title insurance is provided, lenders are willing to make mortgage money available in distant locales where they know little about the market. Owner's title insurance lasts as long as you, the policyholder - or your heirs - has an interest in the insured property. This may even be after you have sold the property. Depending on local practices and state law where the property is located, you may pay an additional premium for an owner's policy or you may pay a simultaneous issue charge - usually a smaller amount - for the separate lender coverage. You may even split settlement costs with the seller for the lender or owner's policy. What does Your Premium Really Pay For? An important part of title insurance is its emphasis on risk elimination before insuring. This gives you, as the policyholder, the best possible chance for avoiding title claim and loss. Title insuring begins with a search of public land records affecting the real estate concerned. An examination is conducted by the title agent or attorney on behalf of its underwriter to determine whether the property is insurable. The examination of evidence from a search is intended to fully report all "material objections" to the title. Frequently, documents that don't clearly transfer title are found in the "chain," or history that is assembled from the records in a search. Here are some examples of documents that can present concerns:
Through the search and the examination, title problems are disclosed so they can be corrected whenever possible. However, even the most careful preventative work cannot locate all hidden title hazards. Hidden Title Hazards - Your Last Defense In spite of all the expertise and dedication that go into a title search and examination, hidden hazards can emerge after closing, resulting in unpleasant and costly surprises. Some examples of hazards include:
Title insurance offers financial protection against these and other covered title hazards. The title insurer will pay for defending against an attack on title as insured, and will either perfect the title or pay valid claims. All for a one-time charge at closing. Your home is your most important investment. Before you go to closing, ask about your title insurance protection, and be sure to protect your home with an owner's title insurance policy. |
Family Insurance - Protecting Your Greatest Asset
With so many different types of insurance now available, it can be difficult for some family's to know which coverage they must have, versus which ones they should have. Here are a few tips on choosing the right insurances for you and your family: -Think about your needs. Once you've considered what your family's needs are, it'll be easier to decide which types of insurance are necessary. Here are a few of the most common insurance policies today's average consumer should consider: Health Insurance: HMO Plans - the most restrictive type of health coverage, HMO's are also the cheapest for both the employer and the employee. These plans require participants to see only approved physicians. Specialists may be seen with a referral from your Primary Care Giver. Co-pays are relatively low, with virtually no deductibles on basic services. PPO Plans - is a combination plan, which works like an HMO, but allows patients to see any physicians they choose whether they participate in the plan or not, at an increased fee. Many people like the flexibility and options with this type of plan, however premiums are usually much higher and deductibles can reach 20% when seeing an out-of-network provider. Indemnity Plans - work very much like old-fashioned insurance policies. A patient sees any doctor they choose without a referral or pre-approval, but is responsible for 20% of the fee. Clearly the most versatile type of policy, it is also the most expensive, both in the case of premiums and deductibles. Automobile Insurance: Disability Insurance: Long-term disability insurance is just that - insurance for longer illnesses and injuries. Once your short-term disability coverage expires, long-term disability benefits will enact until you return to work. This is not the same as government disability benefits that some people with permanent disabilities may qualify for. Be sure t check with your employer to see if they offer these types of benefits. If not, you may want to consider purchasing your own policy, especially if you are a sole breadwinner or work at a high-risk job. Dental/Eye Coverage: Homeowner's/Renter's Insurance: Life Insurance: As you can see, there are many different types of insurance to consider. Check with your agent to see which policies are right for you. |
Determining the Proper Amount of Insurance Coverage for your Personal Property
Are the contents of your home or business properly ensured? There's really only one way to know with any degree of certainty: perform an asset inventory. Collectors, in order to obtain insurance riders, are required to itemize each of their collectible items, recording any identifying information as well as taking a photo and substantiating value. But beyond that, the majority of us have not performed an asset inventory. So we don't really know if we're properly insured. Have we accounted for our clothes, CD's/DVD's, software programs, toys, etc. – items typically forgotten in the insurance estimate? An asset inventory is not difficult to perform. Start with a list of all of your belongings by room. Then walk from room to room, recording the brand, model, serial number, original purchase date and purchase price for each item. Take a photo while you're obtaining the above info. Spend a few minutes and gather any receipts that you have that can accompany your inventory information. When you've documented everything, calculate the total value of your belongings and compare this information to the current value of your insurance policy. At this point, it's also a good idea to determine if your insurance policy covers replacement cost or actual cash value. Depending on your individual situation, you may opt for one type of coverage over the other. Remember, in the event of a claim, your insurance company will want the information noted above anyway. So by completing your inventory for insurance evaluation purposes, you'll also be arming yourself with the information required to expedite a claim, should you need to file one. And beyond those two uses, a completed inventory can be used for many other purposes (for both personal and business reasons): estate planning, divorce proceedings, loss substantiation, depreciation schedules, loan collateral report, etc. So, don't delay. With the average premium for homeowners insurance in the US looming just under $900, now is the time to complete your asset inventory and to determine if you are properly insured. |
Is Your Personal Property Under-Insured?
According to Marshall & Swift/Boeckh, a whopping 64% of homes in America are under-insured. With the many recent natural disasters, many people are finding out exactly how much their insurance policy will cover. Unfortunately, some have found out too late that their coverage is inadequate. What can you do? 1) Take Responsibility 2) Inventory your home and belongings 3) Review and update your policy |
What Do You Do If You Get Sick Or Have a Major Medical Emergency When Traveling Abroad
Many folks of wealth and means become world travelers in their old age and why not, this is a beautiful planet with lots to see and do, and why not fulfill your life experience by seeing all there is to offer? There are the 7-Natural Wonders of the World and all the most interesting things built by civilization be for our time, things like Aztec Pyramids, Egyptian Pyramids, Great Wall of China, Stone Hinge, Machu Picchu, Castles and cave writings too. Becoming a world traveler in need to expanding your realm is hardly an easy endeavor, yes, it is fun, a hobby, but to see it all takes a lot of planning and dedication and traveling to some very interesting places, that are not always as safe as you might like. In many nations there are dangerous parasites living in the water and the food the locals eat may contain bacteria or viruses that your body cannot handle. And what if you have a major medical emergency while traveling the world, what do you do then. Their hospitals are not as modern, safe or experienced as they are here, you'll need to get home right away. Ah, but how? Well, it just so happens you can buy insurance from a private company that leases its own private jet fleet and they will fly you home from where ever you are in the world to a US Hospital of your choosing. Sounds like a good idea doesn't it? Well, it sure is a hit with world travelers, and best of all it is only a couple of hundred dollars a month, and there are now a couple of companies offering this type of traveling insurance, so perhaps you might look into that? |
Choosing the Best Annual Travel Insurance
In certain instances, annual travel insurance involves coverage for more than one trip though with total travel time limited to a fixed period of time (such as thirty one days) and even between sixty to ninety days as well. Before purchasing annual travel insurance online you should take heed of certain guidelines that will help ensure that you get the best deal. It is in fact also quite easy to misunderstand the true meaning of the term insurance and so you could, if you are not careful, easily purchase the wrong kind of policy. The good news however is that it is very simple to buy annual travel insurance online and at a more affordable cost as well. Insurance companies that sell annual travel policies do not have to worry about paying out commissions to travel agents and this benefit is then passed on to customers. Even then, you must go through the fine print regarding different plans so that you are well acquainted with the terms and conditions of each policy and are also sure that you will in fact get maximum benefits. It goes without saying that you should only buy your annual travel insurance from a company that enjoys a good reputation. So, at the time of purchasing your insurance you need to also ensure that the website is properly secured so that you don't have your personal information and credit card details stolen by hackers. Typically, the cost of annual insurance should fall between one hundred and fifty dollars to two hundred and fifty dollars and how much you end up paying will depend on circumstances and benefits offered by individual policies. With budget travel becoming increasingly more popular and readily available, many people have started to travel a lot more frequently than in the past. Availing of annual multi trip travel insurance is therefore very advantageous and well worth looking at closely in case you happen to be a frequent traveler. At the time of purchasing annual travel insurance makes sure to also look for features such as medical expenses, cancellation costs, travel as well as luggage delays and loss of income. In addition, you will also need to shop around in order to get the best deal. |
Check Your Homeowners Insurance For Travel Coverage
In the past, travel coverage was often purchased through a travel agency or agent. This may still be the case in some circumstances, but travel insurance can be easily purchased via the internet these days. Travel insurance protects you against financial issues, or medical issues, that may arise while traveling. Most frequently it is purchased when traveling abroad. The reason being is that international travel is expensive, so it makes sense to hedge. It is often booked well in advance, so travel insurance can be comforting when it comes to making travel arrangements for that exotic trip. When it comes to selecting a travel coverage policy you should carefully evaluate the specifics. All travel insurance companies are not created equal. Some of the lesser-known travel insurance companies have loopholes in their service, so make sure to evaluate the fine print before purchasing. It is too easy to just take the travel agents word for it, do some evaluating. Before you go out and purchase a comprehensive travel coverage policy, it pays to take a look at your existing coverage. Take a look at your health insurance policy, it may or may not provide coverage for you when traveling internationally. This is critical, as extensive health coverage is often needed when visiting exotic locations. Also there is hope for homeowners, so check with your homeowners insurance policy, as some of these homeowners insurance policies include travel insurance protection. Renters insurance, much like homeowners insurance may also provide protection. Booking your travel with a specific credit card may have its advantages. Some credit card companies offer minimal travel insurance protection, if the travel plans are booked with that specific credit card company. Make sure to book your travel with the most appropriate credit card. The most commonly purchased form of travel assurance is called trip cancellation insurance. Not only is trip cancellation/interruption insurance widely utilized, but it's cheap too. Trip cancellation travel insurance can be very useful when utilized on exotic trips, which are so often purchased well in advance. A lot can happen from the time you book your travel to the time of your travel. With the instability of energy costs, we don't know whether cruise companies or even airlines will be in business by the time we take our trip. Another example would be having to leave our trip early. We never know when we'll have a family or business emergency that will require immediate departure. Travel cancellation insurance provides this reassurance, and that's why it's so often recommended by experts. There are many other forms of travel coverage. You can purchase travel insurance that just focuses on your medical needs. This is important in areas that may not offer the best health care services. There is travel accident insurance, which is great when visiting that exotic location or traveling to extreme locales. This could provide airlift out of those hard to reach locations, which could not only save your life, but save your pocketbook as well. If you're interested in an all-inclusive travel insurance policy, you can purchase a policy that well include all of these benefits. If you decide to go with the travel insurance provider, make sure to do a little homework. If you have coverage that's pre-existing on your homeowners insurance or a credit card, it makes no sense for you to pay twice. Also, make sure that you are covered for what you expect to be covered for. It is not unusual for some of the less, not insurance companies to have loopholes in their fine print, which alleviates them from payment. When you need them most. This is why it's always a good idea to go with a well-known company. |
Short Term Health Insurance Travel Tips
Let's face it: travel insurance is not the first (or even tenth) thing on your mind when you plan your trip. It's much more enjoyable to pore over guide books looking for that perfect beach to lay on, than it is poring over premium payments to send your mortal remains home. Still, as sexy as the rest of travel planning may be, a solid short term insurance policy is a must have for your trip. Here is a list of tips that will help you find the right short term travel policy: It is vital to purchase a policy that will cover the cost of a medical evacuation (one of the most expensive outcomes possible). Consider this: the cost for a medical evacuation in Thailand is just over $60,000. How's that for a travel bill? It's important to purchase your policy prior to your trip, as this way you will be covered for its entire duration. Before you buy short term health insurance, find out if you already have coverage from family members, your job, or any state sponsored programs. In addition, you can purchase an insurance policy from a travel agency or a student association (if you are under 25 years old in the US). Alternatively, you can contact your credit card company. Generally, they will cover at least some of your travel expenses if you paid for them with their card. Make sure to read the fine print. Many insurance companies do not cover dangerous activities such as scuba diving, sky diving, or even high altitude trekking. Assess what your belongings are worth, and compare with the premium payments. This will help you determine whether theft insurance is worth it. |
Too Old For Travel Insurance
Going on holiday whilst you're young seems to be the cheapest option as less and less companies are insuring the aging travellers. Of course, the older you get the more likely you are to make a claim on your policy so there is no shock to see why some companies are increasing premiums or refusing people all together but it may come as a shock to know that 97% of travel insurance providers enforce an upper age limit on travellers. If you are over 65 then you can rule out 25% of insurers when travelling abroad and for travellers over the age of 75, you can forget about contacting 73% of insurers. The majority of older travellers are only making trips for the likes of visiting relatives or maybe making the most of a week away somewhere tranquil; this will be needed after the stress caused trying to obtain the relevant cover for the trip away. This also comes as the working age is already in talks to increase to 70 as we are now living longer and maintaining better health conditions. People who want to kick off their retirement with a bang will face hefty travel insurance costs, some as much as £800. So any money saved on free bus travel will be needed to fund any insurance needed for travelling abroad. 79 is the popular age for insurance companies to stop covering the aging travellers and it is no surprise to know that 31% of over 80's feel they are being discriminated against by the insurance providers. |
Saturday, January 24, 2009
Do You Need Cheap Commercial Insurance?
Liability insurance in relation to commercial operations can be difficult. the content on insurance company websites is as simplified as it can be, but oversimplification only causes concern. It can make insurance products seem too good to be true. Due to the serious nature of commercial insurance it is important to have a proper understanding. Are there any big secrets when it comes to commercial insurance? well if there is then it is nothing to do with the fine-print but more to do with having the right sort of coverage for the type of business that you have. there are many forms of commercial insurance such as professional liability coverage and product liability coverage. There are more and so the question you need to ask is in relation to which type of policy is right for you. It is common for business owners to fail when asking the right questions about a policy that they are purchasing. They end up with the wrong policy and therefore inappropriate cover. If research is not carried out then business owners will make this mistake repeatedly. The upshot of such failings is the loss of substantial business assets. Insurance companies will never admit the regularity of such occurrences. Always remember that insurance companies like any company are in the business of making money and therefore will think nothing of selling incorrect policies with people that have not briefed themselves if it means that they are going to be on the make. the marketing of insurance companies portrays them as these saintly institutions that are all about the welfare of their companies but this is never the case. Never assume that the person dealing with you personally on behalf of an insurance company is au fait with the type of policy that you are procuring. It is down to you to have the knowledge needed to make sure that you get the right cover. Therefore to avoid losing valuable assets and potentially your entire business, you must make yourself well versed in commercial insurance. the InterNet has plenty of information in various forums and articles so make sure you know what your insurance requirements are before you start contacting insurance companies. |
Friday, January 23, 2009
Accidental Insurance Policies - What You Need to Know - Are You Covered?
Accident Policies. Some policies cover only accidents and not illness. As you might suspect, policies like this are very specific about what is considered an accident. It is extremely important to understand what the insurance company defines as an accident.
Generally, an accident to the health insurance industry is considered as unforeseen and unintended. Remember, that when discussing accidents in any policy that includes an accidental provision, it is important to define what an accident is, not just accident specific policies.
Accident benefits are most commonly paid for...
• Accidental loss of life (also called accidental death)
• Accidental loss of limb or sight (dismemberment)
• Loss of time and/or income
• Hospital expenses
• Surgical expenses
• Medical expenses like visits to the doctor.
Let's expand a bit on dismemberment. As we said, this would be loss of limb or sight, however, different states have statutes that define dismemberment and they can vary from state to state. This is a subject that you need to discuss with your insurance agent to determine what actually constitutes dismemberment in your state.
Side Note: Did you know that every regulates the insurance industry for that state? Your state has a huge impact in the coverage you get in your policies.
Accidental Death Benefit can also be referred to as "principal sum." This type of coverage should not be confused with life insurance. There is a huge of difference between the two. Life insurance policies will generally be paid regardless of the cause of death (although, suicide is not covered in most policies). An accidental benefit is paid ONLY if the death is accidental as opposed to a death by natural causes or illness.
The person who received the death benefit is called the beneficiary. The policy owner (or holder) has the right and responsibility of naming beneficiaries. Usually there is a primary beneficiary however the policy holder can assign a second and even a third beneficiary.
The primary beneficiary is the first person in line to receive the benefit in the event of the death of the policy holder. They can also name a second beneficiary who would receive the benefit in the event the primary beneficiary dies before the insured. Some policies can include a third beneficiary who would be in line after the first two. Although, some policies allow you to divide (by percentage) between the beneficiaries.
There is much more to be learned about accidental death policies, but I would like to mention one important component before we move on. An accidental death may not be instant. A person can die as a result of an accidental injury months after the accident occurrence. Read your policy carefully because most stipulate that the accidental death benefit will only be paid if death occurs within 90 days of the accident.
Side Note: ALWAYS read an insurance policy. It does not matter what type of policy, know your policy. I have spent many hours with clients that did not know what was covered and what wasn't covered. This is especially true when you have employer (group) health insurance.
Considering Disability Insurance? Here is Some Food For Thought - These Morsels Could Save You Cash!
Don't be caught without a form of income, make sure you get paid! If you get injured, be prepared!
Some things to consider when determining disability income needs are
- Establish the absolute minimum required if income stops.
- Determine your retirement needs if work ceases and the ability to pay into your retirement ends.
- Allow for any benefit that might be offset by social security
- and workers compensation.
Some thought needs to be afforded to the possibility of "total disability." Watch out here too... Definition are important! Policies and different companies may use different definitions for "total disability."
Some policies will NOT cover you if you get injured doing something that they deem "to dangerous" (i.e. skydiving or race car driving). Also, some interpretation is important as far as to the insured's own occupation and any occupation the insured may be qualified to perform.
There are three methods used to determine "total disability", these are
1. Predefined Occupational Method (Based on Insured's Own Occupation)
2. Reasonably Qualified Occupational Method (Based on Insured's Experience, Education and/or Training)
3. Presumptive Disability (Loss of limbs, sight etc...)
Pre-Defined Occupational Method - This method concerns the occupation that the insured is normally engaged in. In this case total disability might be defined as "the insured's inability to perform any or all of the duties or his or her own occupation." This is determined by the insured's occupation at the time that disability begins.
Reasonably Qualified Occupational Method - This method is more limiting defined as "the insured's inability to perform the duties of any occupation for which he or she is reasonably qualified by education, training or experience."
In other words, while you may no longer be able to conduct the tasks of your current occupation you may be able to perform activities in the associated field.
There are some disability income policies that use another criterion to classify total disability. This is called presumptive disability and automatically qualifies the insured for total disability classification.
These conditions are:
• Loss of use of any two limbs
• Total and permanent blindness
• Loss of speech and hearing
Presumptive Disability - This method sometimes involves a loss of income test. If the earnings after disability significantly drop below pre-disability earnings by a given percentage the insured may be considered totally disabled.
As a rule of thumb, a short-term policies cover non-occupational disability. On the the hand, long-term policies cover both occupational and non-occupational sickness and accidents. At this point if the worst does happen, and you are totally disabled, occupational benefits are routinely reduced because you may qualify for benefits form workers compensation and social security.
Other considerations are the provisional period, elimination period and the benefit period. Some disability policies use a probationary period that begins when a policy goes into effect and no benefits are paid during this period. It varies but is often 15 or 30 days and sometimes up to 60 days for long-term policies.
In addition to the probationary period some policies also include an elimination period. It begins when the policy goes into effect and can last for any length of time even up to a full year. This is usually left to the insured to decide as it is based on how long the insured can go without income after becoming disabled.
The primary advantage to a long probationary period is a low premium and allows the insured to use premium dollars to purchase a benefit that best suits their needs.
The benefit period, which is the length of time, can vary depending on the needs of the insured. They can be as short-term as 13 weeks up to long-term as long as age 65.
As a general rule the longer the benefit period, the higher the premium. Same as everything in life, we get what we pay for. Benefit amounts for both short-term and long-term policies range from 50% to 66 2/3% of earnings with a cap on the maximum amount to be paid.
Other disability categories are confining vs. non-confining, partial, residual, recurrent, delayed, combined accident and sickness and non-disabling.
We won't cover definitions of each category here, but do be aware of their existence and check your policy for a definition of coverage for these types of disability.
Most companies offer optional short-term benefits for an additional cost. A typical disability income policy might include all, some or none of the items below so it is important to discuss these with your agent.
These options are:
• Supplemental income - sometimes called an additional monthly benefit rider, provides additional income during the first several months of a long-term disability.
• Hospital income - pays a stipulated amount per day when hospitalized extending for a certain period and can be up to 12 months.
• Elective benefits or indemnities - provides lump-sum payments for certain injuries like fractures, dislocations, sprains or amputations of toes or fingers and is elected by the insured in lieu of weekly or monthly benefits stated in a contract.
Saturday, January 10, 2009
Disaster Decision - Do You Need Insurance?
Disaster insurance is typically defined as additional homeowner's insurance to cover events like hurricanes, tornadoes, earthquakes, and floods. Home insurance policies typically cover hurricanes and tornadoes (review your policy to be certain in covers damage from such events). But often damage from floods and earthquakes isn't covered. This extra insurance, if desired, must be purchased in addition to your standard homeowner policy, and it can be expensive, depending on where you live.
Because disaster insurance can be expensive, it's a type of coverage some homeowners opt not to buy. But in some cases they are required to buy. For example, mortgaged homes in the US that are located in designated flood hazard areas are required to buy flood insurance through the US National Flood Insurance Program. Of course, once those mortgages are paid, there is no longer a requirement to buy such insurance.
But homeowners in those areas should carefully consider whether they really want to take the risk that their home and everything in it could be swept away, leaving them with nothing but an empty lot. Homeowners that aren't in designated flood hazard areas should still know that floods can cause plumbing problems, like sewer and septic backups. These often aren't covered in a standard homeowner's policy, and they may want to consider an endorsement for coverage.
In the US, many tend to think that only the area along the west coast is subject to earthquakes. This isn't true however, and 39 US states have some potential for earthquakes. Coverage for seismic events can be very expensive in California and other western states, but homeowners in other states should evaluate the cost vs. the earthquake risk for the area where they live.
Accident Factoids
Strong is all wound up and on the offensive, rambling on and on about how your injuries weren't serious. His typical pitch usually goes something like, "Look, I've been at this a long time. I've talked to people like you, day in and day out, for over twenty years. People who've gone through exactly what happened to you, with the same sort of claim as yours. Sure, you had a period of discomfort but your so-called injuries were routine. Believe me when I tell you they aren't worth much."
You’re stunned. You can't believe what Strong is trying to pull. You say, "I’ve been miserable! There was no way I could get back to work because of the pain in my neck and back."
Strong shift's in his seat and a victorious look (one that says he knows it all) begins to march across his face. At that point he predictably states, "Look, I can tell you, after handling thousands of cases like yours, that the discomfort you may have had, for a couple of days at the most, are relatively minor. They don’t even come close to justifying the three week’s of work you lost and the disability you and your doctor are claiming".
Now you're thunderstruck! He smiles to himself and comes at you from another angle, "I've seen thousands of cases like yours and I've had more than my share of exposure to personal injury claims, examinations, doctor-talk and recovery - - the whole nine yards. I've seen physical trauma at its slightest and its worst. Any judge or jury would know, once they heard about your so-called ‘injuries’ that your physical problems were almost non-existent".
He'll take a minute to let that sink in and then he'll attempt to sway you even more by telling you he can prove your time lost from work was not compatible with the injury involved. He'll hint around about some "independent information" he's supposedly gathered from your neighbors and/or business associates, which indicate you’ve been involved in "very active" physical activities since the accident.
Once he lets that one sink in he'll ramble on about the "independent examination" the doctor hired by Granite Mountain executed, telling you, with outrageous confidence, that his doctors Medical Report states there was little, if anything, wrong with you. Then he’ll surely try this one on for size: “My doctor is a professional .The only people he ever sees are those who’ve been in motor vehicle accidents. That’s what he does all day long, check out personal injury claims like yours. His report clearly states your physical problems were almost non-existent”.
He hums a happy tune to himself as he observes the amazement marching across your face and that drum beat he’s heard so very often begins to pound away within the gray matter between his ears: Boom/Boom/Boom, declaring, “I gotcha!, I gotcha!, I gotcha!, I gotcha!”
If you let Strong get away with that than his attempt at downgrading your disability will have been successful. As a way of "proving" what happened to you wasn’t serious he’ll describe your “so-called injuries” with fancy medical language and then compare them to the more extreme types of personal injury problems or conditions he's dealt with in the past. The implication being yours were obviously minor and have little, if any, value.
At that point he'll read the statements and opinions in your own attending physicians Medical Report in such a way which, if not read properly, he'll insist proves, “You may have been a little sore from a slight injury but it clearly states you certainly didn't have any serious physical problems“. (You can bet every dollar in your wallet that he’s made that statement several thousand times)!
You're quickly discovering that neither Adjuster I. M. Strong nor his supervisors at Granite Mountain Insurance are going to be fair. They're out to take advantage of you. That’s the name of their game and that’s what they get paid to do. Question: Is that really true? Answer: Yes, it’s really true. Take it from Dan, I was on that firing line for 30 years!
From that point on you shut down. You be the listener. Let him babble on. When he's finally done, you say, "Your points about my injuries are very interesting. I'd like to discuss them in detail with my doctor“. Pause and then add, “We'll call this off for now while I go back and consult with him."
Before he answers you should get up, smile, point towards the kitchen door and bid him "Goodbye". If he balks, sneak a peek at your watch, tell him you're late for another appointment and insist your meeting is over. He'll have no choice but to leave.
If you do that here's what you'll have accomplished:
(1) You'll have seized the bargaining "momentum" and control from the adjuster and, if you remain adamant he'll never get them back.
(2) Served notice on him that it's you, not he, who will now call the shots in the negotiation "Power Game" he's been playing.
(3) Impressed the adjuster that the settlement will be done on your terms, not his.
You may ask: Okay, I threw the adjuster out and let him politely but surely know I’m not going to buy into his nonsense. So, when this all gets played out, what have I accomplished?
The answer is: I. M. Strong is aware you‘ve not bought into his pitch and in his secret heart he perceives that reality. For those in the home office (so as to know exactly where they stand) his instructions have always been that everything that passed between the two of you is placed into the report’s he continues to send in, regarding the settlement talk’s he’s been having with you. So, the fact that you’re not buying his story, will go into your file to be read by that adjusters superiors.
Once they do they’ll have no choice but to conclude that you’re no pushover!
You’re going to stick to your guns because you’re right and the Medical Report your attending physician executed for Adjuster Smart is legit. You know that both your “pain and suffering” and the length of recovery from your injuries, has been clearly stated.
Smart has correctly assumed that you’re not accepting his usual pitch, filled with mumbo-jumbo nonsense, yet so often works. It’s beginning to dawn on him if he doesn’t change his tactics you’re going to hand you case over to an attorney and his superiors at Granite Mountain won’t be dancing for joy should that come to pass.
Wait five or six weeks then call Smart and ask him to come back to talk some more. I flat out guarantee you the next time you meet the power will have shifted into your corner and you'll never again hear him attempt to minimize your injuries. That often comes to pass because he’s received this typical six word, one line memo, from his supervisor at the home office, “Settle this one and move on”.
Granite Mountain will have reached the point where they’re satisfied to pay and get rid of you. Why? Because personal injury claims continue to pile up and clog their incoming pipeline. They’ve got a lot of other unsuspecting prey to trap and shoot and it’s clear you're an individual who’s too wise, too tough and too difficult for them to fuss with any longer.
Insurance Claim: Collecting Your Lost
Now, after a long recovery period, Fuddle’s carrier, Granite Mountain Insurance is clamoring to close the case and they've assigned Claims Adjuster I. M. Strong, to handle your case. You and Strong are sitting at your kitchen table talking about your settlement dollars. It turns out he’s got some hang-up’s regarding your lost income. Well, here are some things you need to know:
Lost wages are one of the most important element's of your damages. Listen to me carefully when I say, "You should not think about the days you missed from work as Lost Time and Earnings. It's not Lost Time and Earnings - - it’s Lost Earning Capacity“
You ask, “What‘s Lost Earning Capacity all about? I thought I could only collect for my Lost Income?” The answer to that is, “In many situations you can claim lost income EVEN IF YOU HAVEN'T LOST ONE SINGLE PENNY “. For example, this can happen when your salary is paid because you've elected to apply for the sick leave that‘s due you, or because of an Accident and Health Policy available for you to take advantage of, or some other such arrangement.
In most instances - - even if you were paid while out of work - - you should still get that money routinely identified as Lost Wages. Why? Because that's your Lost Earning Capacity. Your Lost Earning Capacity is what’s called a Compensatory Damage. Don't let Strong swindle you out of that Compensatory Damage. Even if you’ve received an income, in some other way, you're still entitled to it. Strong will do everything he can to take advantage of you, especially when it comes to getting paid for your Lost Earning Capacity. During the course of every settlement negotiation he gets involved in, he‘ll try that tactic on for size, and it’s mind-boggling how often he gets away with it.
The typical statement made at that point, by the unsuspecting claimant is, “Hey, I understand I’m to be paid for my lost wages.”
Strong answers, “You collected $200.00 a week from your Accident and Health Policy didn’t you?”
“Yeah, but my average weekly income last year was $275.00 a week.”
“Okay”, I. M. Strong flashes a well practiced, winning smile, that tells you he’s a fair insurance claim adjuster, when in his black heart, he knows he isn‘t, “We’ll pay you that $75.00 a week difference. Let’s see, you were laid up and unable to work for 5 weeks. 5 times $75.00 is $375.00. Don’t worry my friend, I’ll see to it you’re paid that $375.00.”
“Wow!” you think, “that’s terrific !.” You’re thrilled to death with this great turn of events.But what you don’t know is that the $200.00 a week you’ve received from your Accident and Health Policy has absolutely nothing to do with your lost income.The bottom line is that Smart has just cheated you out of a thousand dollars! And, worse than that, the $275.00 a week income you lost (for a total of $1,375.00) would have (in a court of law) given your case $4,000.00 to $5,000.00 more value in settlement dollars.
DOCUMENTING LOST INCOME: Ask the company you work for to write a letter on their official stationary declaring your gross salary income and the days you lost from work.
GROSS PAY VS. NET PAY: You should collect the "gross" wage's you lost, not the "net".
TOTAL DISABILITY and/or PARTIAL DISABILITY: For every week of Total Disability (a fact which must be stated in your doctors Final Medical Report) you should use your gross weekly income - - even if you were paid! (For every week of Partial Disability your doctor states in that Final Medical Report, you have the right to claim a substantial percentage of your income, during that period, even if you didn't lose any).
Because the following five points give value to your claim be ready to talk with Smart about and, wherever possible, prove:
(1) If your work demands heavy labor and/or lifting. (2) If you lost any vacation time or sick leave. (3) If there was any possible loss of money you could have earned in the future - - either with your company or maybe other income you've got bubbling and boiling on the side. (4) If you had to forgo any bonuses. (5) If you lost an opportunity that would have led to a better job.
If any of the above five points are true than your claim is worth more money!
THE CRUCIAL MEDICAL REPORT: The Granite Mountain Insurance Company and Adjuster I. M. Strong know that the longer your recovery period, the greater your "pain and suffering", therefore the higher the settlement value of your bodily injury claim. Your Chiropractor or Attending Physician must also note this in his Final Medical Report. Tell him to state exactly how long it will be, before you can get back to routine activities like golf, hunting, fishing and/or rockin' and rollin' with your lady friends.
As long as you have problems keep right on going back to see your doctor, again and again, even if it drives the poor bugger nuts! Do this because the fact that your records show a visit to him, four, eight, or twelve weeks after the accident, proves your injury needed constant attention, therefore you were unable to work. Also because, when you visit your doctor and tell him there's no let-up of your pain, discomfort, stiffness or immobility - - those continuing problems must be written into the Medical Report he'll provide for you when you've finished treatment. That's the one you'll hand to Adjuster Smart when the two of you begin to talk turkey. As he reads it you’ll watch him frown, then blanch as that cocky smile disappears from his face. When you see him do that you‘ll know, "ya got him"!
DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga nor Article City make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.
Motor Vehicle Accident Insurance Claim Guide
Your “Motor Vehicle” can be a truck, car, motorcycle - - you name it! If it’s powered by a motor and has one, two, three, four (or even more) wheels this “Guide” is for you.
The information below is a bare-bones “Guide” for those who have had such a motor vehicle accident. It details the basics of how one should with their property damage and/or personal injury claim.
AFTER IMPACT CHECKLIST
We heartily suggest you make a copy of this "Impact Checklist" to be kept handy within the confines of your motor vehicle. A “Guide” to refer to so you’ll be certain, should an accident take place, that you’ve covered everything.
Other than the fact that one must obtain from the other operator, both their drivers license and motor vehicle registration information, you should also proceed to do the following:
IMMEDIATELY MAKE SPECIAL NOTE OF: Names and addresses of eye witnesses. And later the investigating police officers name and badge number. WEATHER CONDITIONS: Snow, rain, fog, mist, sleet, etc. ROAD SURFACE: Dry, wet, slippery, icy, etc.IMPACT AREA: City, suburban, business, wooded, etc. VISIBILITY: Sunny, cloudy, dusk, night, moonlight, etc. (Was the sun in the other driver’s face)? TRAFFIC CONTROLS: Were there overhead lights? Posted speed limit signs? Stop or warning signs? Hospital or school zone signs? CREATE A DIAGRAM: Driving area: Flat, crowned, straight, curved, macadam, asphalt, concrete, cobblestone, dirt, etc. Indicate the width of street. Show the location of impact, gouge and/or skid marks. CONDITION OF MOTOR VEHICLE THAT STRUCK YOU: Age and general overall condition. Is their state inspection sticker displayed and up to date? Were chains or snow tires needed? AS SOON AS POSSIBLE RETURN TO THE SCENE AND SNAP PHOTOGRAPHS: It’s most important to take pictures of: Skid or gouge mark’s on the road surface plus the damage to both vehicles. PHOTOS OF YOUR BODILY INJURIES: It's crucial to the ultimate value of your claim to snap a multitude of colored photos (up close and from different angles) of your bodily injuries - - especially all black and blue marks or bruises.
INSIGHTS INTO HANDLING YOUR CLAIM (There Are Six Areas You Must Be Familiar With) 1. Out-Of-Pocket Expenses 2. Lost Time From Work - Lost Wages 3. Property Damage Losses 4. What Your Medical Doctor And/Or Chiropractor Reports Should State 5. Medical Payments Coverage 6. What To Do If An Adjuster Refuses To Cooperate
You Should Go Into Detail Regarding These (Below Listed) Six Areas:
(1) OUT-OF-POCKET EXPENSES:These are expenses that can be measured in definite sums of money. They are the foundation of the calculations used to award damages (including that often great and extra amount paid to you for your “Pain and Suffering”) regarding any financial loss flowing directly from the injury you may have sustained.
MEDICAL EXPENSES: Obtain all bills and services rendered. (Prior to their being sent out, you have ever right to ask for and read the crucial Final Reports regarding your physical condition from your Doctor, Chiropractor, “Medical Specialist” and/or Dentist).Medical Expenses Typically Include: Ambulance ~ Emergency Room ~ Hospital or Clinic ~ Laboratory Fees and Services ~ Diagnostic Tests: (X-rays and/or CT Scan) ~ Registered or Practical Nurse Fees ~ Medicine and/or Prescription Medications ~ Prosthetic Appliances or Surgical Apparatus (Canes & crutch, etc.) ~ Physical Therapy ~ Ace Bandages, Gauze & Tape ~ Heating Pads ~ Creams, Ointments, Balms & Salves. As you read them make sure these Medical Reports include the length of time of your “Total Disability” and/or your “Partial Disability”. These are of enormous value because they justify the often HUGE, extra payment made for your “Pain and Suffering” . (Plus this information will also prove your claim for Lost Wages).
NON-MEDICAL DAMAGE EXPENSES. These include: Lost Wages and Earnings ~ Lost Vacation Time and/or Sick Leave ~ Travel Expenses: (Transportation costs incurred getting to and from The Doctor and/or Hospital, etc.) ~ Household Help During Disability ~ Child Care During Recuperation.
(2) LOST TIME FROM WORK - - LOST WAGES - - YOUR "LOSS EARNING CAPACITY": The weeks, hours and/or days you were unable to work (thus the money you may have lost) is added up and documented on company letterhead. You’re often entitled to compensation for “Lost Time and Earnings” even if you have no actual loss of money ! Such as, for example, if your salary is paid by some other insurance coverage you may have or by taking sick leave or some other similar arrangement. It doesn’t matter if you're employed full time, part time, self-employed, own your own business, retired, unemployed, or a housewife not employed outside the home, you should keep a written record of all household help and/or child care needed during your disability period.
All of these constitute an element of your “SPECIAL DAMAGES” mainly "Lost Wages". Insurance companies usually don't view your time away from work (because of an injury) as “Lost Time And Earnings” but as “Lost Earning Capacity”. In most states one is entitled to compensation for lost time and earnings even if they have no loss of money. For example, when your salary is paid for by another insurance coverage you have or by taking sick leave and/or some other similar type of arrangement. There are specific situations to be considered and called to the forefront when it comes to being employed either full-time or part-time. More detailed information (regarding these above stated area’s of your loss) are found in CHAPTER FOUR “Damages” within the book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.
(3) PROPERTY DAMAGE LOSSES: “AGREED COST TO REPAIR”: This figure has been negotiated between your damage repair person and the insurance adjuster. Be sure you know (and possess a written copy of) exactly what that figure is.COLLISION: There's usually a deductible. Read your policy. (If you’re not at fault you should eventually be able to get this money back).PROPERTY DAMAGE LIABILITY: Protects you for damages you do to the property of another (i.e. his or her trees, lawn, shrubs, mailbox, etc.) EXCLUSIONS: These are stated in your policy. A good rule of thumb is, “If it’s not excluded, it’s covered”. Read your policy closely to discover your exclusions and how they apply. TOTAL LOSS: A “Total Loss” is when the motor vehicle damage exceeds the value of the vehicle, as stated within all of the up-to-date and “Official” Property Damage books and/or documents. OTHER PROPERTY DAMAGE LOSSES: Clothing, jewelry, watches, eye or sunglasses, etc. You can also collect for your (or any other individuals) personal property which happened to be in the car and was damaged. (Be sure to have written proof of the cost of each item damaged plus the date it was purchased). Never forget: You’re entitled to be reimbursed for any charges you may have incurred for towing, storage and/or substitute motor vehicle rental, or for that matter - - any other alternate transportation.
The above is a very brief review. For more in-depth information read CHAPTER FIVE: PROPERTY DAMAGE found in AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.
(4) WHAT YOUR MEDICAL DOCTOR AND/OR CHIROPRACTOR REPORT SHOULD STATE: Each “Injury Evaluation Factor” should be clearly stated within each of your final Medical Reports. For example: That your disability is solely the result of the accident. If there were any pre-existing conditions aggravated by your injuries? What treatments were administered and for what duration? What medications were prescribed, in what amounts and for how long? What symptoms or medical problems were such medications meant to relieve? Were there any adverse reactions demonstrated? Ask to read them before they're sent to the adjuster so you're sure it explains the nature, plus the extent and frequency of the pain that an injury, such as yours, will likely cause.
PROGNOSIS: This is the clearly stated information (regarding your personal injury progress) and should include: The part played by a pre-existing condition, if any? Their prediction of any possible future temporary disability/impairments? Does the individual attending you anticipate any further or future treatments? LENGTH OF YOUR “TOTAL” DISABILITY: Why? Because it's so important (when it comes time to settle) this is clearly stated in weeks and days. LENGTH OF YOUR “PARTIAL” DISABILITY: Again (and for the same reason as above) this too should be clearly stated in weeks and days. (Specific details, regarding both “Partial” and “Total” Disability , and the incredible value it provides for you in your claim, are found in CHAPTER SIX: YOUR BODILY INJURY).
(5) MEDICAL PAYMENTS COVERAGE: If you have this coverage in your motor vehicle policy, it will pay (up to the limits stated) for all medical bills arising out of the accident - - regardless of who’s at fault! (You must read your policy carefully because the “Who”, “Why” and/or “How” of this often differs).
A WORD ABOUT HEALTH INSURANCE PLANS: In certain instances, it may be possible to have your medical bills paid and yet avoid any repayment by tapping into your health insurance coverage, or some other plan you may have. (Yes, this means, under certain circumstances, you may be able to collect twice for the same medical bills)!
(6) WHAT TO DO IF THE ADJUSTER REFUSES TO COOPERATE? These Are Your Usual And Routine Choices: a. Threaten that you're going to obtain the services of a lawyer to represent you. b. Go over the adjuster’s head. c. Resolve your loss in Small Claims Court. d. Contact the proper people (working through the State Department of Insurance) implementing the time honored principle of “Good Faith” vs. “Bad Faith”.
Handling Your Motor Vehicle Accident With Your Own Insurance Company
You DO have options to settle your dispute and you should proceed as follows:
#1. FIRST, LET YOUR AGENT KNOW YOU’RE UNHAPPY: Ask them to go to bat for you. If they sit on their butt (afraid or “too busy” to get “involved” with your “problem”) find out the name and phone number or your insurance companies nearest Claims Department. Contact them and ask for help. (Never forget, you’re their insured, your premium’s pay their salary). If the person you’re talking to attempts to handle your problem with uncaring indifference, just like your agent has, than find and talk to that individual’s boss - - The Vice President of Claims and/or whomever.
#2. BE PREPARED TO SUPPORT YOUR CASE: Have ready all documents, plus a covering letter (to snail mail to that person your finally talking to) proving your point and explaining why you’re not satisfied. (Send it to them PERSONAL AND CONFIDENTIAL - - with a signed “Return Receipt” requested).
#4. CONTACT YOUR LOCAL INSURANCE DEPARTMENT: If you’ve followed your insurance company’s rules for resolving a dispute, and you’re still not satisfied, your own Local Insurance Department can help you. You can reach them by phone, or mail, or often online.
WHAT THEY CAN DO FOR YOU: Many insurance departments offer on-the-phone assistance to help resolve the “Problem” without requiring you to file a formal “Written Complaint“. Most post their complaint forms on their Web sites, allowing you to print out the document, complete it at home, and mail it to them. (If they don’t have a web site ask that they snail mail their “Written Complaint” form right out to you) !
After you provide them with all the necessary information (including your policy or claim number and supporting documentation) they will notify the insurance company (or agent) you’re complaining about. The company (or agent) is then required to respond to the department within a certain amount of time, usually between 10 to 30 days, depending upon the area where you live.
Upon receiving a reply, Insurance Department officials will dig deeper, trying to determine what can and should be done. This process usually takes about 30 days.
If the Insurance Department decides against the agent or the insurance company (which is clearly stated - - and one both your insurance company and your agent know to be a fact of their business life they‘d prefer not to get hung up on - - nor be forced to deal with) the Insurance Department has the power to levy a variety of penalties, ranging from a fine to actually revoking the license of the agent or company. (When it comes down to the nitty-gritty, these departments have all the power they need to penalize companies that are deliberately ducking or dragging their feet).
After reading the above, you may want to consider hiring an attorney to represent you because it can get complicated! If you do, find one who specializes in Auto Insurance. Attorney’s work either at an hourly rate or on a “Contingency-Fee Basis“, depending on the type of case. If you decide to go that route be sure to get your lawyer’s “Fee Structure” in writing. And (to remain current on the progress of your claim) insist that you receive copies of all correspondence. PLUS: Be sure your lawyer knows that he or she must have your agreement - - before committing to any settlement!
Insights Into Your Med-Pay Insurance Coverage
Cases are decided on the evidence. When reviewing cases before them, judges invariably use the phrase, “The evidence shows”, rather than, “The truth of the matter is”. That first phrase is a reality that filters from the courtroom down to the objective evaluation of each case tried.
If Fred Fuddle is the town drunk, or if his conduct at the accident scene was provably abnormal than the value of your case should increase. If your injuries are visible and/or demonstrable, it’s likely your settlement will be larger. The conduct of both Fuddle and you before the accident may be significant. If you had been at a bar drinking heavily or raising holy hell out on the highway before the accident, you’ll get less regard from the jury than if you were driving to your house of worship with your family.
So, the circumstances of your behavior before, during, or after the accident increases or decreases the value of your settlement.
THE SIX MOST IMPORTANT ELEMENTS IN THE “EVALUATION PROCESS”: To be fully informed, you must know and understand the six primary evaluation elements that figure into the process of evaluation. They are as follows:
(1) THE FACTS (2) THE EVIDENCE (3) THE LAW (4) YOUR INJURY (5) SPECIAL DAMAGES (6) THE INTANGIBILITIES.
(1) THE FACTS: The gathering of the provable factual information is the first step in the evaluation. If you try to evaluate a claim without as complete a file of facts as possible, it’s like going hunting for a lion with a slingshot.
(2) THE EVIDENCE: You must weigh all factual evidence known to you against the actual evidence you can produce to substantiate it. No matter what information you’re aware of, your position will always be stronger if you have the evidence to back you up.
For example: You can talk until the cows come home about the unsightly black-and-blue marks you had on your face, ribs, and hips, the scar on your forehead, or the 75 feet of skid marks Fred Fuddle’s auto left on the highway before he smashed into you, but Adjuster I. M. Smart will never adequately comprehend, (nor want to believe you) unless you provide him with photographs.
Providing Smart with the proof-positive of photographs will cause his Supervisor’s eyes to bulge as he inhales a deep breath of resignation and declares, “Hey, this one’s gonna cost us” .
QUESTION: “How can Dan be so sure about that”? ANSWER: “Because before Dan retired, after spending over 30 years on that firing line, he was an Insurance Adjuster, Supervisor, Manager and Trial Assistant. He’s been there, saw that, plus heard (and felt) that many thousands of times”!
Whenever possible you must help Adjuster I. M. Smart justify the settlement figure he wants to get approved by his immediate superior at Granite Mountian Insurance Corporation.
(3) THE LAW: As proved in over 83% of the accidents in the United States in 2003 the impact you were subjected to is clearly the fault of “Fumbling” Fred Fuddle, so the law is on your side.
Armed with the information found in my third book AUTO ACCIDENT PERSONAL INJURY (How To Evaluate And Settle Your Loss) plus THE BASE FORMULA (The Baldyga Auto Accident Settlement Evaluation Formula) you’ll be able to do that. THE BASE FORMULA will correctly evaluate your “Pain and Suffering”. Because of this, you can settle your own claim without handing a huge percentage to an attorney. A lawyer who has done nothing more than have his secretary send Fuddle a letter of representation and then think it’s perfectly acceptable (after many moths, sometimes years, of hiding/stumbling/fumbling and verbally pitching his well-practiced answer when you asked, “Hey what’s going on with my claim?” with an answer like, “I’m right on top of it, hang in there, old friend and I‘ll make it come out right”, and then proceed to take a huge portion of your settlement dollars, for doing little or nothing to earn it.
(4) INJURY TO YOU: The seriousness of your injury has to be considered. (Ole’ Doc Comfort, your attending physician’s Medical Report, should go into detail about that).Your age will have an effect on the time it takes you to recover. The time you lost at work will have a direct bearing on the length of your recovery.
(5) SPECIAL DAMAGES: All of your direct and tangible losses are prime factors to be implemented in the consideration of the value of your claim.(Clearly stated details regarding Damages are found in Chapter Four of my book).
(6) INTANGIBLE ELEMENTS: These include your reasonableness, your economic status, your standing in the community, the obvious sentiment conjured up when one considers the degree of the seriousness of your injury, plus the attitude of Fred Fuddle (and often your witness) regarding your case.
Sympathy will come into play if you’re a widow or a highly respected Little League Coach, in contrast to your being identified as a raucous bum with a history of getting into scrapes with the law.
Emotional factors often have considerable weight in the evaluation of your claim. Whatever the intangible elements may be, you must force yourself to investigate and then evaluate them just as objectively as possible. So, if what’s being contended is incorrect, you can deny them (plus you must prove the conclusions not to be true) when and where it becomes appropriate to do so.
What Is Meant By Automobile Insurance Standard Coverage?
The most important part of anyone’s car insurance policy is the liability coverage. This coverage protects the consumer against the cost of damages and injury that is a direct result of that same consumer if they are the cause of a vehicular accident. For instance if you’re driving down the road and accidentally run into another person’s car this insurance coverage will pay for the damages that result due to the accident.
The liability coverage is further broken down into two subsections. The first is bodily injury liability. This covers and personal injury inflicted by yourself upon others during a car accident. The second subsection is property damage liability. As you may have guessed this is your insurance protection against any damage you cause to another individuals property, usually their car.
Although coverage amounts can vary it is generally suggested that a good baseline of automobile insurance standard coverage should be 100/300/100. This can be read as $100,000 worth of bodily injury caused to another person, $300,000 towards bodily injuries for everyone involved and $100,000 for property damage. With rising medical costs and outrageous car prices this would be the absolute minimum insurance protection I would personally carry in my automobile insurance standard coverage. However, each state is different and you will need to check to see what their car insurance laws constitute as a minimum coverage amount.
If you are in a financial crunch and need a way to save money on your insurance policy try to avoid retaining only the minimum amount of coverage required by your state. Instead try raising your deductible amount (the amount you pay first in the event of an accident before your insurance company kicks in with its payment). You will find that by raising the amount $500 or $750 will significantly lower the monthly costs of your automobile insurance standard coverage.
Two other policies that exist include the medical payments insurance which provides for the immediate treatment of injuries sustained during an auto accident. Anyone riding in your vehicle to include yourself is covered, regardless of who is at fault for the accident. The second policy is commonly known as PIP or personal injury protection, is similar to medical payments coverage, but usually provides broader coverage. Many PIP policies provide compensation for lost wages, funeral expenses, and pain and suffering. Again you will need to check with your state insurance laws for further clarification if you are required to have this additional coverage.
Finally as a safety measure against law breaking individuals who illegally drive without insurance there is uninsured motorist insurance when the other driver has no liability coverage and underinsured motorist coverage which pays for the cost of your injuries that exceed the other driver's coverage maximum. As before with the PIP coverage you will need to make sure whether or not your particular state requires these forms of coverage as part of their automobile insurance standard coverage.
Will Online Automobile Insurance Quotes Really Save Me Money?
In my opinion the best feature is not having to deal with an insurance salesman and having the luxury of comparison shopping in the privacy of your own home while wearing your favorite pajamas. There are no time limitations meaning you can start your application, save it, and finish later at anytime, day or night. The number one reason people over pay on their insurance is because of failure to shop around. Online automobile insurance quotes prevent that from happening.
Truthfully there are very little, if any drawbacks to shopping online for all of your insurance needs. It’s very easy to do, convenient and your insurance quotes are provided free of charge. Best of all you’re never under any obligation to accept any quote that is provided.
The process to receive multiple free online automobile insurance quotes begins when a consumer fills out a form. The information you provide is always kept confidential with encrypted software and it will not affect your current credit score. The only concern that may be raised is if you already have some other form of insurance (such as home or life insurance) from a provider then it’s possible that you could receive a better discount from that provider due to having multiple insurance policies with them.
As I stated before the process to obtain online automobile insurance quotes is very simple and you will either be given instant free car insurance quote, or you'll be contacted via email with several offers. After finding a policy that matches your needs and budget you have the option to purchase the insurance online or via mail. Just remember you are never under any obligation to accept any online auto insurance policy that is offered to you.
One word of caution, you must make sure you enter correct information when filling out an online application for car insurance. Any false information or errors on your part could adversely affect the online automobile insurance quotes.
Hopefully this information convinces you that shopping online for all of your insurance needs to include auto insurance is safe, easy and very convenient. Best of all the potential to save hundreds of dollars on your insurance policy is a real possibility.
Timothy Gorman is a successful webmaster and publisher of Best-Free-Insurance-Quotes.com. He provides more insurance information and offers discount home, life and auto insurance that you can research in your pajamas on his website.
Consumer Directed Health Plans
Many experts consider HRAs and HSAs to be the first generation of viable consumer directed health care products. HRAs are typically paired with a high-deductible health plan and are employer-funded Section 105 defined contribution plans. HSAs are the latest version of consumer directed health care plans. The core components of HSAs include a high deductible insurance product and a cash spending account. HSAs combine the pre-tax treatment of a FSA, the portability and roll-over characteristics of a 401(k), and the tax-free distributions of a Roth IRA.
One of the main goals of any consumer directed health plan should be to get the consumer more involved in both the cost and statistical outcomes of certain healthcare procedures. Informed healthcare consumers will make wise healthcare decisions and typically these decisions will result in both lower costs and improved quality.
Although the advantages of HRAs and HSAs can be substantial, employers will want to do their homework prior to setting them up. Effective implementation will require a clear understanding of the consumer directed healthcare plan that best fits your organization as well as the administrative requirements. Employee education will be essential. Companies will also need to look into how the creation of a HSA or HRA may affect their HIPAA medical privacy compliance requirements.
Just like most endeavors, the successful implementation of a HSA or HRA will greatly depend on how much research your organization does on the pro’s and con’s of each alternative. The type of consumer directed health plan that best fits your company will depend on a combination of your corporate structure as well as the overall objectives of your group health insurance plan.
Although consumer directed healthcare plans are becoming very familiar to human resource managers and other benefit professionals, remember that your employees and their dependents will need a substantial amount of education and communication.
Long-Term Care Insurance: Eldercare Solution
I was so happy that monetary help would finally be on the way, until I discovered that the financial assistance would only pay to put my parents in a nursing home, not even in Assisted Living, and with very little help to keep them in their own home.
Since their levels of care were so different (my mother needed most things done for her), there weren’t any facilities that would allow them to be together. They’d be across the street from each other in different wings of the home. After fifty-five years of marriage, my parents were adamant about wanting to be together in their own home, in their own bed, where they could continue to cuddle and kiss--as they so frequently did. And, since my father was so “difficult” with a terrible temper and quite a long record of manipulative disruptive behaviors, the homes didn’t want to deal with him anyway.
It was challenging, but I committed to keeping my parents in their own home and attending Adult Day Health Care five days a week. Then, with the help of two marvelous caregivers, after four more years of loving each other--they passed, just a few months apart. Even though caring for every aspect of my parents’ last years was the hardest thing I have ever done--I am proud to say I gave them the best end-of-life I possibly could.
Had I only known to insist that we buy Long-Term Care Insurance for them prior to their illnesses--their years of in-home care could have been paid for, and I could have saved myself so much heartache, not to mention a small fortune. I encourage you to learn from my mistake and look into LTC insurance long before you need it—for your loved ones as well as yourself. Like fire insurance, hopefully, you’ll never have to use it.
Also, call your local Area Agency on Aging, or Department of Aging, and ask if there are any financial programs, waivers or grants available in your area that you can apply for.
STARTLING STATISTICS
· An estimated 4.5 to 5 million Americans have Alzheimer’s disease. In a Gallup poll, 1 in 10 Americans said that they had a family member with Alzheimer’s, and 1 in 3 knew someone with the disease.
· Increasing age is the greatest risk factor for Alzheimer’s. One in 10 individuals over 65 and nearly half over 85 are affected. Rare, inherited forms of Alzheimer’s can even strike individuals in their 30’s and 40’s.
· A person with Alzheimer’s disease will live an average of eight years and as many as 20 years or more from the first onset of symptoms.
· More than 7 out of 10 people with Alzheimer’s disease live at home, where family and friends provide 80 percent of their care. The estimated value of this informal care is $257 billion annually.
· One half of the U.S. population has a chronic condition. More than one quarter (26.6%) of the adult population provide care for a chronically ill, disabled or aged family member or friend, which translates to more than 50 million people.
· 37% of caregivers are living in the same household as the person they care for. 54% are between 35 and 64 years of age. 59% of the adult population either is or expects to be a family caregiver, and 2 million more caregivers will be needed in the next twenty years.
· An estimated 43% of Americans age 65 or older will spend time in a nursing home. By 2012, 75% of Americans over age 65 will require long-term care. Long-term care costs are rising at 6% annually.
· The annual cost of Alzheimer’s care in the U.S. is at least $100 billion, and will soar to at least $375 billion by mid-century, overwhelming our health care system and bankrupting Medicare and Medicaid.
· Alzheimer’s disease costs American business $61 billion a year, which is equivalent to the net profits of the top 10 Fortune 500 companies. $24.6 billion covers Alzheimer health care, and $36.5 billion covers costs related to caregivers of individuals with Alzheimer’s, including lost productivity, absenteeism and worker replacement.
THREE WAYS TO PAY FOR LONG-TERM CARE
1. Pay for in-home caregivers and assisted living/nursing homes out of pocket. This is expensive and can often deplete a family’s life savings.
2. Meet a very specific poverty level and qualify for government assistance through the Medicaid program. Unfortunately, options are limited, only paying for nursing homes that accept Medicaid.
3. Buy a Comprehensive Long-Term Care Insurance policy. This protects your family’s assets from the rising costs of caring for someone who needs full time care. An employer might pay the tax-deductible premiums. Consider buying it at a younger age, when more affordable and accessible. It must be bought before a major illness strikes. Medicare and regular health insurance does not pay for long-term care. The average cost for a person who needs long-term care is $40-$70,000 annually, depending on where you live, plus the cost to the family caregiver who may have to leave their job.
QUESTIONS TO ASK YOUR INSURANCE AGENT
--Is the coverage comprehensive, meaning it includes all levels of care: in the home, assisted living, board & care, and nursing/dementia facilities?
--What is the daily benefit?
--Is there 5% annually compounded inflation protection?
--What is the elimination period?
--Is it a lifetime benefit period or a limited time benefit policy?
--Is there a spousal discount?
--Can you hire caregivers privately as well as from an agency?
--Is the home care benefit based on a daily, weekly or monthly maximum, and if the benefit is not used, can it be used in the future?
--Does it cover home care coordination of services?
--How many ADL’s (Activities of Daily Living) does it take to trigger a claim?
--Is there a time limit for filing a claim?
--Does it cover the cost of Adult Day Care & Adult Day Health Care, hospice and respite programs?
--Is it a tax-qualified plan?
--Is the company highly rated and have they ever raised premiums?
--Can you see the company’s published annual audit to check their track record for paying claims?
Cure The Insurance Blues By Lowering The Cost of Your Premiums
Fortunately there is an easy way to save a few extra dollars every month by checking to see if you’re overpaying on any of your insurance premiums. This could be your auto insurance, life insurance, home insurance or renters insurance. The reality is you can save on almost every form of insurance you have. Ok, so what’s the secret?
Welcome to the wonderful world of the Internet and free online insurance quotes. The Internet is perfect for checking to see if you can save money on all of your current insurance policies. Most online insurance providers allow you to input your information (which they keep confidential) by having you fill out a simple and easy to use form on their website. They then use the information to generate free quotes that allow you to see how much you would pay for an insurance policy. You can use that information and compare it to the cost of your current insurance premium to see if you can save some money.
The benefits of shopping for your insurance online are numerous. For instance you can adjust your coverage amount to see how it affects the cost of the policy. A live salesman never pressures you or scares you into purchasing a policy you may not want or really need. Additionally you are never under any obligation to purchase any policy offered to you giving you the time and flexibility to decide when you’re ready to change your insurance provider and coverage. Perhaps the best reason to shop online for your insurance needs (besides saving money) is the freedom to shop in the comfort of your own home, even in your pajamas if you so desire.
Start saving money now by finding insurance online that provides the coverage you need at a price that won’t keep you awake at night.
Inside-Information Regarding Your Motor Vehicle Accident Insurance Claim
#1. There are situations where you can collect for your “Lost Wages” even if you were paid by your employer and/or collected “Sick Leave” while unable to work.
#2. You can collect money and be reimbursed for any and all “Over The Counter” (non-prescription) medication you purchased during your recovery.
#3. Under normal circumstances unless a claim ends up in court (several years after impact has taken place and you are fully recovered) you do not have to agree to be examined by the insurance company’s doctor.
#4. There are many times that come to pass where you are entitled to collect the “Gross Amount” of your lost wages, not the so-called “Net After Taxes”.
#5. If you’re a housewife, you can often recover for “Lost Wages” (based on the “Value” of a maid or a domestic servant, who would execute the same work) which you could not perform due to the injury.
#6. You are entitled to extra compensation if you can prove you were forced to cancel a vacation and/or a special event.
#7. Under certain circumstances you may be able to make a claim (and collect for) a personal injury even if your state is “No-Fault” and you already have PIP (Personal Injury Protection) coverage.
#8. Your friends, and even relatives, have the right to execute statements which you can send to adjusters (and/or anybody you feel should get one) going into detail as to what happened to your body and what they’ve observed you’ve had to deal with (via your “Pain and Suffering”) during your period of recovery.
These statements can often provide you with an even greater dollar value - - when it comes to the calculation and then the ultimate settlement of your personal injury claim!
DISCLAIMER: The above article "INSIDE-INFORMATION REGARDING YOUR MOTOR VEHICLE ACCIDENT CLAIM" is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga,nor ARTICLE CITY any guarantee of any kind whatsoever, NOR to they purport to engage in rendering any professional or legal service, substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired IT IS THE INDIVIDUAL’S RESPONSIBILITY to obtain it.
Saturday, January 3, 2009
Important Things You Should Consider Before Buying Insurance
The first move should be to get an idea about the price range and know what the lowest quotes are so you can talk a better deal with your agent. You can also do this with the help of online websites available. Next step is to narrow down a few insurance companies as your options and check for their credibility and reputation. You can even check ratings of the companies you narrow down upon. Ratings are easily accessible online and can also be obtainable from public libraries.
While doing the background research you should delve into previous client histories of the specific companies and see if you can get some client feedback. Look for any complaints that their customers might have left with state regulators.
These records can be found by contacting your local state insurance department or view an online database like the National Association of Insurance Commissioners. Also check feed back on customer services because chances are you will be dealing with them as well.
When you begin deciding for premium rates it is always advisable that you get a deal which will cost you lower on the whole than something that offer lower premium with a higher overall cost.
