California Personal Injury and Insurance Blog

Personal Responsibility and Injuries

Sometimes, people are hurt, injured or killed and it is no one's fault. I know, some of you are stunned to hear that from a personal injury attorney. But, as I have said before, I call it like I see it.

In New Mexico, the family of a deceased man is suing the shooter and the makers of a video game. The theory appears to be that the game trained the kid how to use a gun and make the kid a proficient shooter.

As someone who has played video games from the 1970s, that is complete garbage. I still couldn't hit the broad side of a barn from 20 feet with a shotgun. The game didn't make the kid kill anyone, the kid just did it. Maybe he was sick, maybe he needed help, maybe he was just not a good guy. But, the game didn't make him do it.

Of course, that is just one man's opinion. What do you think?

Whistleblowers Sued

I posted before about the State Farm contractors who blew the whistle on State Farm's handling of Hurricane Katrina cases. Well, the State Farm subcontractor who employed the whistleblowers has decided that it would be a good idea to sue them. 

I don't know where I come out on this yet. The insurance industry has, in my opinion, completely mishandled this disaster. They have not handled claims properly, have allowed themselves to be sued too many times, and now are resorting to suing their own contractors. This entire mess is going to cause problems for the insurance industry.

More on the race for insurance commissioner

I have come across to posts from this summer from a friend of mine, George Wallace. George is a CPCU and attorney in LA. While he and I are on different sides of the industry, we have the commonality of the CPCU designation which is like an unbreakable link. George and I have shared thoughts before about insurance. I think his thoughts about the race for insurance commissioner are right on. You can find his posts here and here.

By the way, you should read George's blog here. It is aimed more for practitioners, but his writing style is great and he provides very useful information. Just remember to come back here for a different perspective!

Customer service is still lacking

As I was calling adjusters back today, I realized that there is still something lacking in the insurance industry: customer service. As a former adjuster, I think I know a thing or two about this topic. Heck, I have written an article about it as well.

I think the problem, at its most basic, is a lack of training. Adjusters are trained, sometimes, to read a policy. They are trained, occassionally, to evaluate a case. But, they are never trained in customer service. And, with insurance companies hiring fewer college educated people, the new adjusters do not go into the system with the necessary skills to begin with. Therefore, the poor customer service skills that adjusters have when they are hired are never fixed.

It is time that people stop putting up with poor service from adjusters. If your adjuster is not treating you properly, ask for a supervisor. Make sure you get the service you deserve.

Driving Tip

This is insurance related because if you follow this tip you will limit your exposure to being in an auto accident. Ready? Set? (I know, the drama is building.)

KEEP YOUR HANDS ON THE STEERING WHEEL!

Are you surprised? Impressed at my great idea? I saw a woman the other day smoking and talking on her cell phone while driving. (I won't even talk to you about how smoking is bad for you. You know that already.) She had no hands on the wheel.

Pay attention, keep your eyes on the road and your hands on the steering wheel.

Do me a favor?

It is not often that I ask you to do me a favor. However, this one is a good one.

As you know, I wrote to all of the candidates for Insurance Commissioner and asked them to allow me to interview them for the blog. After all, hundreds of people come here every day and read this. The email was pretty simple and explained who I was and what I wanted. I had a grand total of 2 responses from the 7 candidates. That is pretty good for baseball, but bad for politicians.

So, my request: Go to this site from the Secretary of State. Scroll down to insurance commissioner and send these people an email asking them why they didn't respond to me. I don't care if they won't do it (okay, I do care and I will tell you that they chose not to do it), but they should at least be responsive. If you do it, please cc me on the email.  For the record, Dale Ogden and Larry Cafiero responded.

Thanks!

FAQ: Can you extend the Statute of Limitations?

This is an interesting question because the answer is an absolute, positive maybe. Let me restate the general rule first: check the statute of limitations for your case with an attorney as soon as you think you may have a case. There are some very short statutes and you do not want to miss it because you waited too long!

Now, can you extend it? Yes, it is possible, but not very likely. Sometimes, an insurance adjuster will tell you that you have a certain time within which to settle your case or file a lawsuit. However, they then may tell you that this can be extended and they would agree to it. Great, but not helpful. The insurance company cannot extend the statute of limitations. The tortfeasor (horrible legalese for the person who caused your damages) can extend the statute in writing. But, in all of my years doing this I have seen it a grand total of ZERO times.

My advice: check with an attorney as soon as you think you have been injured or suffered damages. Find out what the statute of limitations is and follow that. Do not listen to anyone else!

Race for Insurance Commissioner

I generally do not get political on this blog. That is not the purpose. The purpose is to provide information and insights into insurance matters to you. But, I think the race for Insurance Commissioner is important. So, a few thoughts.

First, I am going to contact the candidates and ask them for a plain English statement from them for you to read. I am also going to ask to interview them, either telephonically or by email. I will let you know the results, including those who say no.

Second, I am going to provide you with links to the websites in the next week or so. I want you to be able to do your own research.

Third, sometime before the election, I will let you know who I think should be the next insurance commissioner and why.

Of course, as always, if you have any thoughts, ideas, questions, etc... about this, let me hear it.

FAQ: Can you stack policies?

I guess first I need to tell you what stacking is. Stacking is the proces whereby you take two insurance policies and add the limits together. So, if I am driving your car and my limits are $100,000 per person and your limits are $300,000 per person, if you stack the limits, an injured person could receives $400,000. Make sense?

The answer in California is generally no. You cannot stack policies. Some states allow it, and in certain odd situations, you may have something similar to stacking occurring, but for the most part, you cannot stack policies.

FAQ: What is the difference between comprehensive and collision?

This is a good question and one many people don't understand. Go read your insurance policy and then, when you think you have the answer, come back and read this. I have put it in plain English first. Here it is in English:

We will pay for accidental loss to your car, minus any deductible. Only the highest deductible applies. We will pay for damage caused, other than collision. If there is a loss to a car you do not own that is covered, we will provide the broadest coverage that you have.

Collision means the upset of your car or its impact with another vehicle. A loss is not by collision if it is damaged because of:
Missiles;
Fire;
Theft;
Explosion;
Wind;
Water;
Vandalism;
Riot;
Contact with an animal; or
Breakage of glass.

Great. Make sense now? Probably not much more sense. (Well, hopefully it does if I am good in translating legalese into English.)

Here is the easiest way to think of this: if you hit something other than an animal, it is a collision. Anything else is comprehensive. So, hit a car and it is a collision. Hit a fence and it is a collision. Hit a deer and it is comprehensive. Car is stolen? Flooded? Comprehensive for both.

I hope this clears up this confusion. I get this question a lot and wanted to give you a common sense, plain English answer.