Questions About Auto Insurance and Accidents

Mr_Shiftright · April 2013

There's a whole libertarian movement around mandatory insurance and why it allegedly infringes on personal liberties and should be abolished.

houdini1 · April 2013

Tell that to Obama. Sounds like we need a libertarian in the W/H.

Mr_Shiftright · April 2013

One must never, ever confuse political rhetoric with what a politician will actually do once elected. We like our presidents the way we've liked 'em for 30+ years...centrist, leaning slightly right or slightly left.

The problem with uninsured motorists is not the laws, it's that they aren't enforced! :mad:

andres3 · April 2013

Insurance is intended to prevent a financial catastrophe, not cover maintenence losses so carry high limits of Liability and high deductibles.

You call being rear-ended by an uninsured hit and run driver, and having the resultant $900 in damages a maintenance loss? Give me a break. And yes, my partner was instructed to obtain the hit and run uninsured license plate before he could run, and she did, and the police report was filed, and they did not contest they caused the wreck. Seems to me the $3,500 dollar coverage would be perfect for this. Remember, there is no deductible on uninsured claims, so it's great coverage! (Yes, I know getting a collision deductible waiver is a bit extra money, but money well spent, but this is UMPD which means you don't have collision). By getting it your saying I will never cause an accident, but I can't control other drivers.

It might not have been a catastrophe, but it sure would have been nice since I had verbally, over the phone, and via fax in-writing requested uninsured coverage over a period of time and several attempts, including uninsured property damage coverage. But the in person request was mistakenly ignored by the agent, the phone calls forgotten by both agent and insurer, the fax had a confirmation, proof of delivery (direct to the insurer as I already figured my agent incompetent and unable), yet it was ignored by "examiner error."

My argument that CA requires an insurer to provide uninsured coverage in CA by law, which includes offering UMPD coverage by law, went ignored by the company and by the Dept. of Insurance in CA. It is not optional, it MUST be provided by the company if the customer elects it.

By denying my repeated attempts to obtain the coverage, they in essence denied my right to having it, which in essence meant they were not providing it. I kept the fax confirmation for the day of reckoning, and threw them under the bus full heartedly with the Dept of Insurance. Unfortunately, that department drives a bus that weighs about 5 pounds, and didn't inflict any damage.

andres3 · April 2013

There are tons of accidents where there are no injuries (I'm sure the vast majority). Therefore, the chances of ever being injured by an uninsured motorist are far lesser than the chances of being caused property damage by an uninsured motorist.

I'd rather bet on the insurance I might actually use some day vs. the stuff that most likely will never ever happen in 1,000 years of driving.

As to making insurance mandatory, it makes sense, but everyone needs to buy-in. Enforcement is failing.

If you are for Obamacare, then you should be for Obama Auto Care insurance. Get rid of the insurance companies, and create one government mandated auto insurance company that everyone must buy into. They couldn't possibly run it any worse or rip you off any more than the insurance cabal already does.

I'm for Obamacare (though they should have taken it further and eliminated the need for insurance companies) , and I'm for eliminating auto insurance companies as well. Takes profit out of the equation.

We could have Amtrak Auto Insurance and Post Office health care; those groups need work.

euphonium · April 2013

In other words, you failed to read your policy after it was issued. :P

andres3 · April 2013

In other words, you failed to read your policy after it was issued.

Perhaps that is true, however, the agent and insurance company failed on the following counts:

1) Failed to make the policy as the customer requested (either deliberately fraudulently, or through negligence and incompetence).

2) Failed to make corrections and/or changes to the policy after the customer did read their policy and discovered the error and oversight.

3) Failed to be responsive, failed to answer the phone, and failed to do what they were told to do.

marsha7 · April 2013

We disagree...I believe you are simply wrong...I will agree that most accidents do not cause SERIOUS, disabling injuries, but most folks do suffer from the typical neck and back pain from the whiplash effect, which happens as low as 10 mph...these are the injuries most commonly treated by phyical therapy and chiropractors...but the injuries are still there...

The states have the right (or the power) to mandate insurance on the concept of "rational basis"...just like they can set speed limits on roadways, they can, and should, mandate insurance for cars...

Considering how many are moderately injured, I am surprised that states let folks carry limits as low as $25K (Georgia) when I believe the minimum limit should be $100K...the number of folks who cause moderate injuries but beat the system by having low limits is disgusting...if you hurt someone, you ought to have the coverage to pay for what you did...

tba2 · April 2013

Ok, it's all done now but the paperwork. I won't go into all of the details here, but let's just say I'm satisfied. (as I can be)
They offered an amount for the totaled vehicle, I said I needed more, they redid some things and came up with quite a bit more. So, I came out with about 400 more than I had in it WITH the trade I had put in. So, I'm happy.
Then, they sent me to file for pain and suffering, which I did. And, they did put some in for the pain my family experienced (and still are some) from the seat belt and air bag deployment. Also, they gave me money for a rental car that we didn't use.
Although I still am mourning the loss of the most perfect used vehicle I'ver even seen, let alone owned...I'm very very pleased with the outcome from her insurance company.
They went above and beyond...and some of it was voluntary. The lady just kept trying to find more $$ for the totaled vehicle. And, she even called today saying one was about 100 miles from here similar. But, I didn't want it.
It was ugly. Mine was cherry. :P
So...we'll move on from here and find something else.
I want to say thanks to this forum for help and guidance in a situation I was very unfamiliar with how to handle. Gave me some confidence to go into battle a little more informed.

BTW>The woman who hit my wife told a mutual friend that it really wasn't 'either of our faults..we just sort of came together/merged'.
haha...
The accident report says different and that's what counts.
Merging is mutual.
Pulling out in front of a vehicle going 45 is not mutual.

andres3 · April 2013

but most folks do suffer from the typical neck and back pain from the whiplash effect, which happens as low as 10 mph...these are the injuries most commonly treated by phyical therapy and chiropractors...but the injuries are still there...

Injuries at 10 MPH??? Sounds like lawyer magic to me. Probably just aggravated existing injuries. Previous existing conditions. Also, put your head rest up in the proper position!

I like rational basis, but how come the speed limits are set artificially low by politicians rather than at the scientific 85th percentile set by engineers and scientists?

It's a money grab. Unfortunately, when the State mandates something, consumers automatically get gouged. Take a look at the price of a 10 minutes Smog check lately? Must take someone with the skill of $300/hour to do a smog check. Are lawyers opening up smog shops? :P

houdini1 · April 2013

Did you recover the sales tax on the totaled vehicle?

marsha7 · April 2013

I didn't say that everything the states do is reasonable, but things like setting speed limits (would you drive 70 mph thru a school zone or hosiptal zone?) is reasonable, along with mandating insurance for cars...

Yes, folks can get injured at 10 mph...often they may have a pre-existing condition, but that does not change the injury...rear-ending a person with spinal osteoporosis can result in compression fractures and other types of serious injuries...while most are NOT injured at 10 mph, it can, and does, happen...you just don't see enough of it to matter, and yes, I may see more of it because they come to me because of those injuries...

Discs can herniate in low speed collisions (MRI verified) and bones can fracture...

tba2 · April 2013

Yep, Sales tax, title transfer fees, and the best price she could find on a similar vehicle in excellent condition. She had the pics to verify it's beauty and mint condition.
She was extremely understanding and helpful.

Kirstie_H · April 2013

If it was State Farm you dealt with, I've had a couple of similarly good experiences with them settling claims. I'm sure there are other good insurance companies, but their agents & staff (at least the ones I've dealt with) seem to be well-trained.

michaellno · April 2013

I've had State Farm for years - when my son totaled the '98 Tracker, I never saw a bill for any of the medical treatment. And my daughter was flown to the hospital via helicopter!

After that day, my wife doesn't have any issues with what we pay for insurance.

Glad to hear that you got everything you wanted on your claim.

andres3 · April 2013

Interestingly, if you self-insure in CA you are required to post a $50K bond to fund the self-insurance. That's more than the legal minimums an insurance company gets away with!

Cities are allowed to self insure for $0.00. I know because a La Mesa PD officer rear ended my back bumper and caused $667 in damages with his Harley PD bike.

I told my insurance company to shove it and cover it under "uninsured" since the City didn't have insurance. They told me to pound sand and wait until the city handles the claim.

Actually, to be honest, Mercury was very nice, and covered my deductible (they didn't have to, which is the reason I wanted to invoke the uninsured insurance because then I wouldn't have to pay the deductible while waiting to get reimbursed by the city). They also paid me for the repairs and let me tell the city to reimburse them instead of making me wait for my money.

marsha7 · April 2013

Cities can have what is called "sovereign immunity", which means that they are immune from any lawsuits UNLESS THEY ALLOW THEMSELVES TO BE LIABLE...

About 8 years ago I had a situation where a city vehicle collided with my client, causing severe vehicle damage and moderate injuries...it was than that I found out that the City of Atlanta, which had sovereign immunity, did allow themselves to be liable for the damages and injuries, TO THE AMOUNT OF $1,000.00 AND NO MORE...

Hard to believe, but if they had totalled the car and had hospitalized 4 occupants, each, say, with $15,000 worth of hospital bills, the total amount that the city would pay is $1,000.00 per incident...not $1,000.00 per person, $1,000.00 for the entire vehicle and personal injuries...

OTOH, the City of Augusta, GA had an insurance policy of $250K/$500K liability limits...it is up to each municipality to decide what they want their liability to be...

I do not know if Atlanta still has the $1,000.00 limit, but if that isn't an argument for high limits on YOUR Uninsured Motorists, I don't know what is...

andres3 · April 2013

But my insurance company said the City was not uninsured, that they were self-insured. So it wouldn't matter if you had 1,000 or 1,000,000 dollars worth of uninsured coverage with the city being liable, the insurance company would simply say coverage doesn't apply.

jipster · May 2013

Yesterday while driving up I-65 north, a punk threw an aluminium can out of a school bus
window. It bounced up and hit the front of my 2012 Honda Civic lease. Can left a small scratch. Body shop says $560 to repair properly, but doesn't think Honda leasing would say anything about it. I called the Jefferson County School system and reported bus number, time and place of incident.They say they will check their security cameras, and I am to call back Monday.

I would like to just take the money as compensation, instead of having the bumper pulled off and repainted. Am I allowed to do this? Kentucky.

houdini1 · May 2013

jip, if "proof" shows up on the security camera, you might have a shot. Just try to make some sort of private settlement with the school district/kid without involving the insurance carriers.

Hopefully they will just consider it a nuisance (the claim, not you

) and settle.

stever · May 2013

It varies a lot, but chances are the school district is self-insured.

Of course, the buses may be run by some contracted outfit.

Better go find the can in the ditch so you can get the prints and DNA off it, Jip.

euphonium · May 2013

That's why the claim draft is payable to the claimant AND the repairer. Doesn't your lease agreement say something about receiving $ that is really designated to go to the owner of the car?

jipster · May 2013

Thanks for the comments everyone.

The lease agreement says I should report Amy damages to them. But as a conservative libertarian, I think it's none of their business. :P

Will let you know Monday how it turns out. Not really that NOTICEABLE, but if Honda is really picky with lease turn ins, I may have to pay.

igozoomzoom · May 2013

If the school system pays the $560 or even offers a smaller amount to settle, I doubt they will bother making the check payable to the claimant AND the body shop. Chances are very good that either they are self-insured, or they will choose to pay this claim out of their funds and not involve their insurer(s). It would be in their best interest to pay it out of petty cash or as a miscellaneous expense than to file an insurance claim for such a small amount. Commercial carriers hate small claims and a $1000 claim might cause you more trouble and higher premiums in the future, or even non-renewal, and a $50,000 claim could get approved and paid in a few days!

As for the lease holder not repairing the car with the money. The way I look at it, if he/she hangs onto the money and doesn't repair the damage, the lease-end inspection when the car is turned in will be the day of reckoning. If they decide that it constitutes "Excess Wear & Tear" then he'll be required to pay and it could be more or less than the amount he receives from the school system. If not, he would have wasted the money on the repair if he had it done, but instead he made $560!

If the rest of the car is in excellent condition, inside and out, they will be more likely to allow a single slightly 'excess' wear issue.

Is there any chance that a professional detailer could wax/buff/polish any of it out or make it less noticeable? What about touch-up paint, would it do any good?

I should be ashamed to admit this, but I had to my new Mazda CX-9 in three times before they correctly repaired a minor flaw that I noticed during the delivery inspection the night I bought it! It has a rubber gasket that surrounds the entire headlight unit to secure keep it from making contact with surrounding body panels. There was a kink in the rubber on the driver's side headlight and it was protruding slightly beyond the edge of the headlight.

They told me there was no way to replace the gasket because it is actually part of the headlight assembly. They would need to replace the entire assembly which would require a District Service Manager approval. One headlight assembly costs over $900 for my car, thanks to the Xenon headlights, kinda scary! So I picked up my car about six hours later, it was dark and I glanced and it looked okay, so I took it home.

A few days later, I realized that they had simply removed the headlight assembly, removed the part of the rubber gasket that was damaged and reinstalled it. So there was now a tiny gap about two inches long in the seam that should be filled with rubber! I called and told them I would be bringing it back a few days later, when it was convenient for me, they WOULD install a totally new headlight assembly and I would expect them to have a loaner vehicle waiting for me because they had already wasted too much of my time!

They did just as I instructed, I think they were afraid not to because I had been so nice up to that point and I finally snapped! When I get to that point, I'm not very nice and I lose the ability to censor my thoughts before they come out of my mouth!

They loaned me a base model Mazda3 that had 2000 miles on it, so I assume it was a regular loaner car and not from their inventory. It wasn't very clean inside and had been smoked in (yuck!) but I drove it anyway. I had several appointments with customers that day, so I was in and out the car at least 10 times. I noticed that it was scuffed on the the front right corner where someone either hit it or someone driving it hit another car in a parking lot. The driver's side door was horribly scratched, especially within an 8-10 inch diameter of the door handle. I was surprised at how much abuse the car had apparently suffered. I eventually discovered that it didn't have Keyless Entry, no wonder the driver's door looked like it had been keyed...it HAD been, by each person who drove it and hadn't used a key to unlock the door in years!

I headed back to pick up my CX-9 for the second time in one week and it was already dark when I left my office. The dealership was located 30+ minutes away via a 2-lane highway in the opposite direction of my house. So I would be driving for the next two hours on two-lane roads and it was all because of the jerks in the service department! There's an old bridge along the way where the road narrows slightly and, even though I've gone over it countless times in my life, I still get nervous because you only have about 2-inches of space from the side of the bridge if you want to keep your car on your side of the yellow line! I'm always afraid I'll scrape a wheel on that concrete railing base on the bridge.

I was a few car lengths behind a minivan as I approached the bridge. Just as the minivan was about half way across, it ran over a piece of sheet metal in the road that was at least 4'x4' and it sailed just over my hood and down the side of the car before making contact about 3-4 inches ahead of the back wheel! It sheered off paint down to bare metal on an area of the door about the size of a half-dollar, and a another place on the small area between the door and wheel well the size of a a quarter. It also left some scrapes below those areas that weren't nearly as deep. It also took the mudguard off the left rear but didn't damage the bumper.

I consider myself a very honest person an my conscience bothers me about the slightest things until I correct the situation to the best of my ability. The few times that I have accidentally opened my car door into another car, if it caused the slightest ding, I left my info for the owner and told them I'd pay for paintless dent removal. If it caused a nick in the paint but no dent, I left a $20 to buy touch-up paint along with a note to explain what I did and what the money was for, but I also left my name and number if they didn't feel that was sufficient. The only call I've ever received was a thank you and the guy trying to give me my $20 back!

But after I inspected the damage that evening, I bolted to the nearest store to buy some kind of wax and something to buff with. The car was Black, so I grabbed the only thing they had that was black- a Sharpie Marker! A lot of the scratching came out with the was and some serious buffing. The Sharpie wouldn't stick because it was down to the metal, there was nothing for the ink to adhere to! Then I remembered that I had a bottle of Black Heavy-Duty Shoe Polish & Scratch Cover in my briefcase! It worked quite well as primer, then two coats of Sharpie Black for the final coats....and back the loaner into a corner spot away from the building and close enough to right curb that no one can even walk beside it,.....grab keys to my CX-9 and head home. It never happened....

I suppose my payback was that one of the Xenon bulbs in the new headlight assembly didn't work and I had to take it back again, but they changed the bulb in 10 minut

jipster · May 2013

They got the fool that threw the aluminum can out the bus window on video. Knowing the public school system it was probably a beer can. Will know more tomorrow.

stever · May 2013

Ah, wonder if you'll be dealing with the kid's parent's insurance carrier now.

jipster · May 2013

Jefferson County Transportation said they would turn info over to their insurance adjuster tomorrow. The adjuster will look at my car, determine damages and offer a settlement...right? I've already have a body shop estimate of $560. But the scratch is small. But I could have been killed if I'd panicked and swerved. My State Farm agent is checking to see if I can take the "cash out" option.

This is the third claim I've had on this car in 2 months... none my fault of course. Oriving paranoid now. Probably my last lease. I'll stick with the clunkers. :sick:

imidazol97 · May 2013

>the aluminum can out the bus window on video. Knowing the public school system it was probably a beer can.

I have to disagree with the stereotype of "public" schools. That is just an assumption based on stereotypes Rush Limbow has tried to build through the decades about public schools--sort of like SNL's perpetual ridicule of the one party while blind to the other. In reality about the school, with experience of our public schools in Ohio under our belts, I'd suggest it's the parochial school bus students more likely to have thrown a beer can instead of a soda can and to have students who feel it's okay to do dangerous things like throwing a can out the window because it's all about being better than others to begin with as well as the point they are used to getting by with such things in parochial/charter schools because their parents step in and threaten to take Johnnie and their friends out of the school, causing the school to lose income, if the folk running the parochial don't do what those important parents want. Right? :sick:

I hear Mandy (840 AM Louisville radio) repeated bashing the problems in -Jefferson Cty (Louisville metro) schools because she's in favor of adding for-profit charters along with parochials.

My wife retired after 30.5 years in our great public school system in Ohio. The tales she told about parochial and charter students returning to our public school would curl your toes. And they weren't even old enough to drink beer instead of soda.

houdini1 · May 2013

I would bet the farm that your wife is/was a wonderful teacher, but the only people who think our public schools are great, either work for them or get a pension from them. Some are good, most are horrible.

jipster · May 2013

Hey Steve, and everyone else, looks like I'm going to Disney World. At least this will pay for the gas to get there. Or... maybe I will get it fixed. :confuse:

The claims adjuster just came by the house. He took photos of the damage. I gave him the estimate from the body shop. Without me asking, he said that they would try to get the check ($560) out in the mail to me today. Stated I could either get the car fixed or "pocket the money." Exactly what I wanted to hear. :shades:

Said he's been working as claim adjuster for 4 years, and in all that time only one parent has come forward to pay for damage their child caused. So to answer your question earlier Steve, the school system does not go after getting compensation from the at fault individual or their insurance.

I would like to call the school system back and see what type of punishment this individual gets, if any. I'm sure they would say its a confidentiality issue. I think at the very least the kid should be made to apologize. Anyhow... drinks on me. :P

jipster · May 2013

Well, that was a bit of a joke backed with truth.

When I was a sophomore in a parochial high school, we got one of those public school students that had gotten kicked out of his school. Besides selling drugs (to other former public school students) and using between class periods, he brought a handgun to school one day, which back in those days just didn't happen in our finer schools... are rare even in the bad ones.

Anyhow, we have our good public schools and bad... like any other city. One individual act does not represent the whole, but in talking to people, reading , and watching the news... the vast majority of problems come from the public schools. People tend not to want to spend all the money it takes to send their kid to a parochial school, if their kids is going to behave like a delinquent.

Love the Mandy show too.

Now back on topic before I get into trouble again.

imidazol97 · May 2013

>Anyhow, we have our good public schools and bad... like any other city. One individual act does not represent the whole,

I figured we could talk about it sensibly that there's no one stereotype. I'm always amazed by those who love to push the stereotype.

Glad you got the payment. I am really surprised they aren't setting their own lower amount for damage. I'm happy for you that you got lucky and the camera was on and they could identify the "chil."

My kind of luck on getting an insurance payment is bad luck. The black Cobalt's rear soft bumper got pushed in the apartment parking lot at The Ohio State University and the paint flaked off in spots and crackled in others from the movement. No one came forward to say they had caused the damage. The 3 rows are fairly tight and cars larger than a Cobalt or Civic are hard to wiggle out of the spots. Guess my own checkbook will wait till he's moved to a better apartment location and then bring car home and pay for rear bumper repair myself.

jipster · May 2013

Glad you got the payment. I am really surprised they aren't setting their own lower amount for damage

Thanks. At the moment I do feel a bit lucky on getting the money. With my brand new Civic... not so much.

I was rear ended at a stop sign about 3 weeks ago by some lady who was uninsured. Body shop estimate was about a grand. I should have called the cops, but it was after picking my son up from school, and the uninsured motorist's daughter was in my sons class. No one was hurt. And I really didn't see any damage at the time (put a crease into bumper that was difficult to see with lighting).

The "lady" initially presented me her insurance information. Later when I called Safe Auto, they said she dropped their insurance 6 months ago. She would not answer my calls and was avoiding speaking directly to me. I think she had something called "Sly Dial", which allows you to make calls to someones phone, directly to their answering machine, without that persons phone ringing. She would leave messages on my phone, but my phone never rang. And yes, I checked, was set to ring and vibrate.

Anyhow, after my insurance carrier left her a message saying they would go after her for reimbursement (for paying out on my claim), and also that she would be subjected to a $1,000 fine and loss of license for driving without insurance... she decided to call me and settle up.

kyfdx · May 2013

I live about half-way between jipster and imidazol... and I'll chime in here, in favor of public schools, at least in our part of the country...

jip... let me guess... Trinity? :P

jipster · May 2013

jip... let me guess... Trinity?

Oh good gosh no! :sick:

My dad went to St. X, but I went to DeSales, which was only a few miles from where we lived. :shades:

Kirstie_H · May 2013

In places I've lived, it seems the quality of public education is correlated with the education, or interest in education, of the population in that area. Where I live now, public schools are great - but it's also the 13th most educated town in the nation: http://money.cnn.com/magazines/moneymag/bplive/2006/top25s/educated.html

When I lived in St. Louis, the 'burbs that had higher percentages of educated adults had better public schools. Seems the same in Kansas City, though none of my kids ever went to school there.

Also, moving to Columbia, MO dropped my auto insurance by about 30%.

marsha7 · May 2013

where the public schools are not that good (many public school graduates, upon matriculating to a GA University, find they spend their "freshman" year in remedial courses), yet, with Emory University, Georgia Tech and Univ of Georgia, we have some fine universities...what a dichotomy.

euphonium · May 2013

Self esteem inflation is more prevalent in the public schools because the main function of the teacher is to keep the average daily attendance as high as possible. The state rewards the district accordingly. To encourage attendance, the teachers don't assign homework so when Pimple Face enters a 4 year university, he spends (wastes) a lot of money (tuition) taking Bonehead English, Remedial Math, Sucker Science, & other needy courses so he might be eligible a year later as a Red shirt Freshman.

imidazol97 · May 2013

>only people who think our public schools are great, either work for them or get a pension from them. Some are good, most are horrible.

What would Richard64 say to that?

kyfdx · May 2013

That's not our experience at all.. and, our son graduated just last year.

Lots and lots of homework, 30 hours (not a typo) of advanced placement college credit, and Honors classes for freshman year in college. And, he wasn't even in the top 10% of his graduating class.

All in our local public school..

imidazol97 · May 2013

>That's not our experience at all.. ...Lots and lots of homework, 30 hours (not a typo) of advanced placement college credit, and Honors classes for freshman year in college. ... All in our local public school....

My wife's retired friends say that communities get the schools they deserve. If the community wants to be a bunch of fools valuing athletics and other social things over academics, they get the school to do as they wish, and therefore get the results from their schools same as their community's values. Period. The school represents the community.

Rush Limbow can say it as often as he wants to stigmatize the public schools, but it's not true.

Our son had a similar experience to KYFDX's. He turned down the advanced physics and calculus AP credit on advice because his major involved those courses at OSU, but he used the other credits. He was glad he did take the calculus and phsics afterwards because there was a lot of expanded content in the college course at this, a really academic college, in the courses where he did start.

On the topic of insurance, I don't think I can claim the cracked paint on the rear bumper of my Cobalt from someone pushing against the plastic bumper and flexing it. That caused the paint to crack off in one spot and just crack and crinkle in a couple of others higher up. I'll wait until he's moved out of the high density parking lot for the 33 residents of the 5 1/2 apartments in July, then I'll see how much repaint will cost. I know it's a lot because it's the sides of the rear fenders all as a part of the rear bumper too.

houdini1 · May 2013

I have no idea, but it would be very interesting to see what Richard had to say on this subject. I wish he would chime in.

I had wonderful teachers when I was growing up, and for the most part, so did my kids. I am not concerned about most individual teachers, my concerns are about the system these teachers have to operate under.

I say reward individual teachers where warranted and get rid of about half of the school administrators and the teachers who don't do a good job. But this seem to be impossible under our current system.

euphonium · May 2013

Merit pay to teachers leads to professional competition & the chalk clinching mouth breathers don't want that & they vote accordingly on union issues.
Perpetual mediocrity insures job security & tenure. Because teachers go on strike - they don't qualify to be professionals. Charter, military prep, & private academies place their graduates in universities with better graduating success than public school candidates. It didn't used to be that way, but it is now.

nookslist · June 2013

I'd have to second that opinion, sad to say here in NJ the public school system is a mess. So many teachers just "putting in their time". Also a lack of respect for traditional American traditions (ie: the pledge of allegiance is being phased out) . Not to mention folks who opt to send their kids to parochial schools but still must pay for the local public school.

There must be a better way ! The voucher system sounds promising. Anything to reduce gov't involvement in the education of our children. Simply living within the boundaries of school A should not be a death sentence. Given the vochure system ..... a child would have the opportunity to apply for the school(s) of their choice. And the schools would have a right to set their own requirements (based solely on academic standards) .

stever · September 2013

"Facebook is used in almost every claim now, especially when there is an injury. "Checking social media accounts has become one of the first things an insurance company or adjuster will do when you file a claim," adds Darras. Especially when any injuries stem from the accident."

Car Insurance Companies Use Facebook for Claims Investigations

marsha7 · September 2013

I think it is a good idea, and I represent those injured in the wreck...I hate being involved in less-than-truthful claims...when folks come to me in consult and say their car was damaged but they did not suffer injury, my first question is...why are you here?...when they say, "for pain and suffering"...I respond that since they told me they don't hurt, why would they get any pain and suffering when they never experienced any pain and suffering???

I am also amazed at folks who clai injury, and when they send out a private investigator to videotape them, they are caught carrying 100 lbs of shingles up the ladder to the roof...

Facebook may lessen the need for expensive investigators...

igozoomzoom · September 2013

Im am so glad to hear you say that! The whole sense of entitlement mindset drives me insane!!!

After dealing with a car accident my mom was involved in back in 2010, I actually decided to get my license and become an independent insurance agent. She was rear-ended while stopped at a red-light by a teenage girl who was TEXTING! She rammed into her at 45mph and forced her into the car stopped in front of her. She hit that car so hard that the airbags deployed!

My mom had a number of fairly significant injuries (including broken fingers and a broken toe, fractured wrist and (ouch!) one of her toenails was ripped off when her slid off the brake pedal as the airbag deployed! She also had horrible bruises from the seatbelt and burns on her face and hands from the airbag. She refused to take an ambulance to the E/R, but my step-dad came to the wreck site and drove her to the hospital himself. They discovered that she had suffered damage to at least one disc in her cervical spine. She had been treated for a broken shoulder the previous year and, luckily, had an MRI from six months prior to the accident of the shoulder that also showed that part of her c-spine undamaged. She ultimately required surgery to remove two discs in her c-spine.

All she (we) sought from the at-fault drivers insurance was reimbursement for out-of-pocket medical expenses and salary reimbursement for the 10 weeks she was out work due to the c-spine injury and surgery. The total was less than $30k, but the most she was offered was $14k and that was only after much wasted time and energy spent negotiating! The real clincher- the at-fault driver and my parents were insured by the SAME company and they treated her like dirt! I wont name them directly, but I like to call them State Harmactually I call them a lot of names, but Id be banned if I repeated them here!

She had no choice but to hire an attorney and he went for the throat, so to speak. The at-fault driver had $100k in Bodily Injury coverage and thats what he got! She happened to be driving my car at the time, so the attorney also sued my insurer for the $50k Uninsured/Underinsured Motorist Bodily Coverage on my policy and also won that! After taking his 40%, mom got $90k and her related expense were just over $40k by that point. But she was very upset about the additional $50k and didnt want it! She was horrified because she had money that she felt didnt belong to her! Ultimately, I convinced her to treat herself to a new Mazda CX-9 and put the rest in my nephews college fund.

As an agent, most of my customers make their initial notification by calling me if theyre in an accident. Most of my carriers allow me to open a claim online and then they contact the customer to follow-up. It never ceases to amaze me how often my own customers ask How much can I get out of this? or Which attorney in town do you think can get me the biggest settlement? It happens almost every day!

I dont (technically) have the power to have their policies non-renewed when they expire, but I have told at least two of them that they would be better served if they took their business elsewhere when their current policy expired! One was a woman who was totally faking the severity of her injuries. She was suing the at-fault driver but also intended to sue her own insurer (who I represented) under the Underinsured Motorist coverage on her policy. She was going for $750k ($500k from the other driver, $250k from her own insurance) and she didnt have any serious injuries!!! What she did have was the sleaziest attorney in the area and the support of a local Pain Management Specialist (aka- [non-permissible content removed] who would write a prescription for anything with oxy in the name or labeled may be habit forming). How did I know all of this? Lets just say that no HIPAA, Privacy or any other law trumps working in the same small town I grew up in!

The other case was a man hit by an Uninsured Motorist. He sued our insurer for $50k under the Uninsured Motorist Bodily Injury portion of his policy. But he didnt seek any sort of medical treatment for more than a MONTH after the accident! Then I found out (from the cop who wrote the accident report) that the dude WASNT EVEN IN THE CAR when it was hit!!! I turned him into the insurance companys fraud department and told him to seek coverage elsewhere!

People who get insurance settlements that they arent legitimately entitled to receive hurt ALL OF US! They increase insurance premiums across the board and, worst of all, they make it very difficult for the truly injured to receive the compensation they deserve and need!!!

I know this isnt politically correct, but in closing I feel compelled to share what my mom said when she was awarded more than what she was out-of-pocket. She said she felt like white trash for more than just reimbursement for expenses for her claim. When I was growing up, the only people who sued for such damages were simply too lazy to work and could only be classified as trash!

marsha7 · September 2013

I see both sides of the issue...IMO, your mother was easily entitled to the money she received, as her injuries were TRULY worth the money she received...she is not white trash, she was fairly compensated for REAL injuries suffered by someone else's negligence...that is a case I would gladly have taken, simply because the injuries were real and so was the recklessness of the driver...that is what the system is supposed to do, when it works correctly...

As far as the guy who was not in the car but wanted damages, he should be placed in prison for insurance fraud...I have no patience for that crap...

If you don't seek treatment (for real injuries) for 3-4 days after a wreck, then you have weakened any claim you may have had...there truly IS a "latent effect" where your body may not sense the pain for up to 2-3 days, as the body can go into shock after a traumatic collision...it is not realistic for everyone to be in pain immediately after a wreck...sometimes you can be hit on Friday, feel normal on Sat, and wake up Sunday almost paralyzed...that is true...but when you are hit on the first of the month, and decide on the 10th that you need to go to the ER, your claim has been compromised by 50-75%, because no one on any jury will believe that you "hurt that bad" if you needed 10 days to decide if the pain was bad enough to see a doctor...

I also see another phenomenon that I originally found surprising...many senior citizens, let's say from the "old school" often think like your mother, where they are highly critical of people who see out attorneys after a wreck...they will rail up and down about how unfair it is that they are seeking money for their pain and suffering...UNTIL THEY GET INJURED IN A WRECK THEMSELVES AND GET AN OFFER FROM THE INSURANCE LESS THAN THEIR DOCTOR BILLS...suddenly, they are sitting in front of me, wanting to get compensated for THEIR pain and suffering...I will often ask them why is everybody else so greedy but they aren't???...they will usually answer that THEY hurt from the wreck but others are just faking it...suddenly, a person, who felt for 70 years that OTHERS were gaming the system, now THEY want theirs because they were REALLY injured...

I acknowledge that there are fraud cases, but you would be surprised at the folks who really do get injured in major collisions, and insurance companies only offer them half of what their treatment bills are...Doctor bills, $8,000.00, offer, $4,000.00...that is why the courts are clogged with these cases...you would be amazed at the offers from companies like Snake Harm that do not even cover medical bills...and we cannot tell that fact to the jury...

I believe that if we could say to the jury..."we are here today, taking up your time, because Snake Charm insurance only offered these folks $6,500.00, but their bills are $8,000.00, and the wreck was not their fault"...if juries knew that, insurance companies would be hit with punitives so bad they might actually make fair offers, and allow the court system to flow faster...

euphonium · September 2013

You remind me of the one PIP case where the passengers of my insured's car claimed neck and back injuries after the impact. Amazing that as soon as the coverage ran out, they stoped their feel good apointments with the chiropractor and were cured.

igozoomzoom · September 2013

Its interesting that you mention the elder folks; they can be a real challenge to work with!

My mom and grandma were rear-ended back in 2005 at the 4-way stop in the tiny little town where they live (Waleska, Georgia, Home of Reinhardt University). They were in my grandmas mint-condition 1993 Cadillac Sedan De Ville (12 years old, 32k miles and showroom condition inside and out)

The woman who rammed them was driving a late-model Pontiac Grand Prix that had already been wrecked (and not repaired) prior to this one. She got out of the car immediately and started yelling and making a scene. My moms initial instinct was to shut her up (by whatever means necessary), but she quickly noticed that the idiot was slurring her words and was clearly under the influence of alcohol and/or drugs. So she just waited for the cops to arrive and tipped them off.

The local Fire Station and County Sheriff outpost are both less than ½ mile from the accident scene, so they were on-site in well under five minutes. The woman who rear-ended them refused to submit to a sobriety test of any kind and she had a history of DUIs and drug & alcohol-related offences. She had insurance with some non-standard company I had never heard of AND when the officer ran her license it was actually suspended due to a recent DUI! Needless to say, she left in the back seat of a police car.

The physical damage didnt look all that bad, but there was some frame damage in addition to the visible cosmetic damages. My mom wasnt injured, but my 85-year old grandmothers was under the car of an orthopedic surgeon for the next four months and had to attend physical therapy twice per week.

I was very surprised that the adjuster from her off-brand insurance company offered to pay for my grandmas actual expenses for medical care, physical therapy, prescriptions and he even offered mileage reimbursement since each trip to the doctor or therapy was at least 35 miles round-trip! My step-dad handled the claim (I was still in the housing industry and living in Vinings at the time) and he didnt press for anything other than reimbursement for out-of-pocket expenses. Even though I wasnt in the insurance business yet, I told my step-dad that Id cut off his most precious body part if he signed ANYTHING before we were certain my grandma was in the clear and wouldnt need further treatment. Ultimately, he didnt sign their settlement agreement for almost a full year. Even so, the total amount claimed for actual expenses was less than $12k and they immediately paid without question.

Settling the Property Damage portion of the claim for her vehicle was much more difficult and unsatisfactory! My step-grandfather bought her Caddy new in 1993 for $37k. After 12 years, it only had 32k miles on it and literally looked brand new. They declared the car a total loss and the first offer was only just $4,800. I did some research and determined that ACV on was closer to $5500 plus the value guides (KBB, NADA) added $1000+ for the low mileage. I finally told my step-dad to start closer to $8k and stand firm at the $7k mark.after many phone calls, arguments and trying to help my grandparents understand that they were getting at least as much as any buyer would have paid for it prior to the accident, they finally told my step-dad to take it and be done with the mess.

Ive ran into very similar situations where an elderly customer drives a pristine car that is 10+ years old and only has 30-40k miles on it! I have argued with insurers until they finally agreed to repair them instead of totaling them! In particular, my pediatrician (now in his late 80s) drives a 1995 Acura Legend (final year) that still turns heads and he keeps it spotless and shining all the time. Some moron hit him in the right rear side and did so at just the exact spot to cause damage to the rear fender/quarter panel, rear door skin, and bent the wheel/tire damaging the suspension and axle. They initially were planning to total it and I had to work hard to haggle them up to $6750. I was PRAYING that hed take it because I had EVERY INTENTION of buying that bad boy from the insurance company for around $700 and having my brother-in-law (the best Acura/Honda paint and body man in the Southeast) repair it for me on the side. But Doc couldnt part with it and it cost $6200 and change to repair it properly.

My mom got a call from District Attorney about five weeks after the accident occurred. The woman who hit them was scheduled for court and he called mom to his office for a deposition and later asked her if she would be willing to appear at that womans court dates. I insisted that mom go and I took vacation time to go with her! Someone had to get her off the road (and make sure she saw some time behind bars) before she hurt or killed anyone else! She was incarcerated for 12 months (minus time served) and on probation for five years after her release. She is also legally prohibited from driving a vehicle ever again.

BTW- this is my favorite part to tell about this accident.My grandma always had very long, thick hair (shes Pentecostal) and she always wore it up in bun on top of her head. By the time she reached her early 80s, her hair had thinned considerably and her trademark bun wouldnt hold together, even using every bobby pin in the free world!

She grew up very poor and had a very tight budget during her marriage to my bio-grandfather (died before I was born). But she made herself some beautiful dresses and even more suits (jacket and skirt, ankle-length skirt to fit in at church, I think) and never left the house unless she looked her best! Shell be 94 very soon and she STILL dresses up to go to the doctor or anywhere else.

Her thinning hair bothered her a lot, so she started wearing a wig everywhere in her early 80s and still does. But when she and mom were rear-ended, her wig flew off her head and landed on top of the dashboard! Once she regained her bearings after being rammed, she realized that her wig flew off and she hurried to put it back on before the EMTs and firemen showed up.

A moment later, firemen approached her to ask if she was injured. But his first words were, Maam, I think you have your wig on backwards.let me help you with it!

I just wish I had a photo!

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