The Court Of Public Opinion

The task of building your own fully protected by insurance, right? Your insurance limit games of the replacement value of buildings, is not it? You will sleep better at night knowing that in case of catastrophic fire, limiting you and your agent agreed more than enough to cover a total loss, right? But you have a nagging thought … enough? How can you be sure?

No matter the age of the building, you should be concerned about building code coverage.This coverage is important that all too often, if necessary, only for the old buildings that do not meet the newer building codes could be considered should be an important part of your insurance. It should be particularly concerned about the insurance relationship-to-value (ITV for a geek insurance), because the limits inadequate and exceptional costs of conversion can be disastrous for your wallet!

We talk about the components of the Building Code of coverage and how to protect yourself and your companythree different and distinct ways:

A cover protects the damaged part of the building – your property insurance pays only for actual damages, so who pays for the undamaged part of the building when the city or county says it has to go down? If you is not enough to signal the limits A. My rule is that if you can get a limit of 100% of the value of the building, who have it.

Coverage B protects against the cost of demolition – Hey, someone hasTo pay to demolish a building, is not it? But oops, it is not covered by property insurance policy. Your time limit to cover B, the size and complexity of your building. As a starting point, ask a local businessman, which is the cost to demolish the building would be.

C cover the expected costs increase for the new building – If you rebuild what you want to add or upgrade to meet code? A new irrigation system? bathroom wheelchair accessible? How about a lift? NoThis article your property insurance if you do not begin to cover part of the building are paid by those reports. The determination of a reasonable time for communication C is difficult, but once a company may be able to give you some good advice.

Remember, just because the building is higher does not mean that the potential problems of building regulations. County building codes and the city are constantly changing, and if they do, you may be blocked. Iseen it happen. All clients must ensure that they are adequately protected.

And be careful not to get lulled into the built-in terms of building regulations, which some insurance companies include in their property insurance policies. In most cases, the built-in limit is not enough. In a typical sub-limit of $ 25,000 to $ 50,000, the amount of built-perhaps even the cost of demolition of the building. Raising the limit of exposure to meet your real worthextra money in bonuses.

Are you a developer? Then you take the time to dust of your insurance today and see the coverage of property. See Building Code Coverage page on your entries marked with a prize? This means that you bought and paid for that extra protection. Otherwise, call your agent to find out if the roof of the building code is installed and if so, for how long. Then it will truly be able to sleep well at night!

JAN – the Job Accommodation Network is, without doubt, the absolute best resource and link for anyone who is disabled, who is facing becoming disabled, and who is still working! The purposes of this article are:

to describe what this Resource is;

to give you an example of what types of information it can provide for you;

to give you an example (from my own experience) of how you can trigger the ADA (Americans with Disability Act) to continue working as your company provides you with reasonable accommodations;

and, to give you a link to this very valuable website.

OK, let’s say that you have just been told by your Neurologist that the series of conditions that have been making you miserable for over the past 35 years really are the result of Multiple Sclerosis (MS). My first reaction was, OH DARN!!!

At this point in time, I was struggling to keep 2 kids in college, and was working in the best job that I had ever had! I was the Vice President of Human Resources for a Ship Repair Yard. My staff and I provided Human Resorces services to over 2,500 employees in 11 crafts (Unions) running a 24 (hour)/7 (days) week operations. (Note: you can see more about me by going to the About Us section of the www.disabilitykey.com website.)

My next reaction, since I am an ingrained control freak, I decided to become an Expert Patient, even though I would not discover that phrase until over a decade later. If I was to become a Chronic Disease Self-Manager (again, I would not discover that phrase until over a dacade later) I needed to know all about Multiple Sclerosis, its symptoms, and, for whatever symptoms I had, their explicit impact on me. For, you see, my wonderful Doctor and I had been practicing Patient-centered health care (another yet-to-be-discovered concept) for years up to that point.

AND, since I still had bills to pay, two kids to keep in college (and those of you who have experienced this, you KNOW how expensive college is these days) I needed to keep working. But, my job skills were becoming increasingly more impacted by my MS symptoms. I knew that I must research, in addition to the disease, the concept of working while disabled.

Here, in a nutshell, is what I discovered. (By the way – I very much wish that there had been information like this for me to access when I needed it; that’s one of the reasons that I am so passionate about providing the information to y’all, so that you can use it in your own unique situations.)

I learned that there was a federal law called ADA. (OK, truth time; I already knew about this law as a Human Resources professional; what I mean to say, is that now I knew about the law as a DISABLED PERSON. Believe you me, the two knowings are as different as are night from day! One is academic, the other is experiential. It is the very nature of my experiential knowledge about disability and other stuff that fires me up to share the information with you so you don’t have to recreate the wheel.) Here is how the JAN describes WHAT the patterns and pracatices of a Company’s employment nondiscrimination policies are under the ADA: The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

This is how the JAN describes WHO is covered by the ADA: Employment discrimination is prohibited against qualified individuals with disabilities. This includes applicants for employment and employees. An individual is considered to have a disability if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

Please note the sentence in red ink, and praticularly the words in bold that are larger. It is very important that you understand that you need not just have a physical or mental impairment, that/those impairment(s) must substantially limit one or more major of life’s activities, and, furthermore, you must have documentation of that impairment ( and/or be regarded as having such an impairment, which basically means that the impairment and it’s limitations must be documented).

It is this information in red ink that made me realize the great truth about working and disability: I had to do the work myself to determine what my impairements were, and what activities they impacted; I had to become that Expert Patient who was also an Expert Disabled Worker! Here’s how the JAN describes a qualified individual with disabilities:

A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Requiring the ability to perform essential functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.

Next step, get a copy of the Job Description for your job. The job description should detail what is called the Essential Duties (or Functions) of the Job. (Note: a copy of a Job Description that has such essential duties described, and the process of how to get one from your company’s Human Resource department can be found at the www.disabilitykey.com website in the Disabilitykey Workbook. This Workbook is an e-book of over 100 pages with How-To’s and lots of forms and examples. It can be purchased for a minimum cost.)

OK, you know your symptoms and their impacts upon you, and you have detailed them (once again, how to do this is covered in the Disabilitykey Workbook). Now you have to look at the Job Description for your own Job, and decide what you can and can’t do.

OK, this is really hard stuff to do. That’s where the JAN comes in that is so helpful! It has a link on the left hand column called Accommodation Toolbox. If you click on this box, it will take you to a page with a wealth of information. Scroll down about an 15% of the page and you will find a section entitled Accommodation Ideas. When you click on this section, you will find an index of illnesses/conditions, with some great information for you. You will need to understand accommodation ideas to

Here’s what the JAN has to say about Reasonable Accommodations, and about some accommodations applicants and employees may/can need.

Q. What is reasonable accommodation?

A. Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

Q. What are some of the accommodations applicants and employees may need?

A. Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs.

Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.

The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits.

So, I now know my symptoms and their impacts; I know about the ADA, and about something called reasonable accommocations. I have a copy of my Job Description, and am now trying to compare ME to the job’s Essential Duties.

About Disabilitykey.com & Carolyn Magura:

Disabilitykey.com is a website designed to assist each person in his/her own unique quest to navigate through the difficult and often conflicting and misleading information about coping with disabilities.

Carolyn Magura, noted disability / ADA expert, has written an e-Book documenting the process that allowed her to:

a) continue to work and receive her ?full salary? while on Long Term Disability; and

b) become the first person in her State to qualify for Social Security Disability the FIRST TIME, in UNDER 30 DAYS.

Click here to receive Carolyn ‘s easy-to-read, easy-to-follow direct guide through this difficult, trying process. If you are disabled, don’t let this disabiling process disable you. Read Carolyns Disability Key Blog.

In a previous article, we discussed the JAN ? the Job Accommodation Network, and just how valuable a resource that link is to those of us who are disabled, yet still working.

Alsoin that article, we left me as the VP-HR for an entire Ship Repair Yard. As you can probably imagine, my job description was very extensive. For example, consider the following.

* I was responsible for, and/or did all the work for Employee Relations; Labor Relations; compensation; benefits; Workers Compensation (averaging 300-400 incidents per year). We had a Training Center, on site that was my responsibility. I also personally handled all of the Employment litigation. This meant representing the Shipyard in court and other legal/labor proceedings.

* Each day was crammed full of meetings, crises, activities, etc.

* The job required extensive patience, experience, maturity, tact, expertise, and the ability to remain calm in the middle of multiple crises.

So, I received the conclusive diagnosis, and, probably like you, I thought I could still do my job. The day I knew that I had to cut back will remain always in my mind: I had a Craft Manager (Painters) and his Union Business Agent and Shop Steward in my office, very agitated; I had the Safety Director and an employee out in the hallway; I had the Executive VP for Production on my cell phone; and I had the Owner on my land line (phone).

All were talking (yelling) at me at once. Now, this was typical, but for the first time I froze; I could not multi-task effectively to provide the customer service to all of these clients in the manner that they deserved. My vision left (big black holes in my right eye; ?heat waves? in my left ? Optic Neuritis); my MS had reached the stage that I was too tired and too befuddled to effectively manage the work.

So, what was I to do? Now remember, even w-a-y back then I was an Expert Patient; a Chronic Disease Self-Manager; and practiced Patient-Oriented health care with my Doctors. It is probably not a surprise to you that I also was a very collaborative Executive with my fellow Ship Repair Yard Executives, including the Owner. I knew that he would work with me to come up with a plan to allow me to continue working to the full extent of my capabilities, but I NEEDED TO ACCEPT AND TAKE FULL RESPONSIBILITY for describing WHAT that looked like, HOW that would happen, WHO needed to do what, WHEN all steps needed to happen, and HOW to ensure that the process followed all relevant federal, state, local laws, company policy, vendor regulations, etc.

Sounds like a big job, doesn?t it? Well, looking back, it was. But, in the moment, at the time, I did what I recommend that you do as you begin the process. DO NOT think of the entire process; focus on the end result, always keep it in mind, but set up a plan, stick to the plan, and take things one step at a time. (Just the way one eats an elephant ? one bite at a time!)

AND, you get a big advantage over what I was facing! I?ve been there before you; I faced the problem, worked out the following process, and have been blessed with the ability to share it with you. Hopefully, you too will be successful with your own journey.

The Journey From Working Full Time to Working With a Disability.[1 (Note: this blog is only describing the steps in the process. For greater detail and copies of the documents in the process, they, and the actual examples I used, can be found at the www.disabilitykey.com website, in the Disabilitykey Workbook.)

Step #1: Know where you are going, and begin your journey in enough time to keep control over the process of getting there!

* Recognize that the end goal is to create a process that will be a ?win-win? for both you and your company. The goal for the company is to retain you, a valuable employee, and your knowledges, skills and abilities. Define this goal for yourself; do you want to go on LTD (long term disability); do you want to retain your income at a level amount; what do you want?

* Start this process early enough so that you retain control over your future, as I did. Do NOT wait until your supervisor comes to you and says that you have a problem ? you aren?t getting your work done, etc. At that time, you have already lost control, because your supervisor would have talked to your Human Resources Department, and they would have attempted to set up a plan for you. Now, not to sound too paranoid, but in my experience, most HR folks are woefully deficient in knowing what to do in these circumstances (yes, I know, another challenge for me to accept, and I do have plans to address this situation); and, any plan that they would/could come up with probably would not benefit you as well as the company.

* DO NOT TALK to your supervisor or to Human Resources until after you have developed your plan.

Step #2: Gather up all relevant documents.

* Collect all copies of your benefit Summary Plan Descriptions (SPD).

* Get a copy of your Company?s Employee Handbook.

* Get your Job Description. Also, go to your Human Resources department, and see if you can get copies of other job descriptions for jobs other than your own that you believe that you might be able to do, in spite of your condition?s symptom impairments.

* Access the JAN website and print out the information about your specific condition. Look particularly at the examples other companies have made as reasonable accommodations for employees with symptom impairments similar to yours. It is important to do some research here. Look at conditions similar to yours, and the symptom impairments for those conditions. Continue to research until you find just what matches YOUR specific situation.

Step #3: Specifically, set your goal.

* It is easier in the following steps to have an actual example to work with, so I will use my own. (NOTE: as you begin your process and have questions, remember that you can ask them as a comment to this blog and get not only my response, but those of thousands of your new best friends in your exact circumstances! And, as you ask questions and receive answers, you will also be helping others like yourself. So, y?all unshy people, ask and answer away!)

* MY SITUATION: 1) I decided that I still had something to offer to my company, in a lesser position; 2) I wanted to go on LTD yet still work; 3) I wanted to maintain my pay, if I could figure out how to do it; 4) I wanted to keep my health insurance and other benefits (like vacation and sick leave) benefits. THIS BECAME MY GOAL.

* MY RESULTS: As a result of using this process, I was successful in working through my LTD elimination period of 6 months (180 days) and 1 year on LTD for my own occupation for a year, at a lesser job, at full pay, while maintaining my health insurance and other company benefits.

Step #4: List the questions you need to answer in support of your goal, and answer them by researching your previously gathered documentation.

* I started with goal #2 first, because I needed to know what ?triggered? my LTD. It may not surprise you, but it REALLY surprised me that what triggered LTD eligibility wasn?t having a disabling disease/condition or accident, but a pay cut specifically caused by symptom impairment of that disease/condition or accident on my ability to perform the essential duties of my job! Once I knew this, it made sense, as LTD is an insurance policy; its purpose is to augment pay lost due a ?pay-impacting disability?! DUH! Now all I had to do is figure out just how much of a pay cut triggered the eligibility.

* In my case, it was a 20% pay cut. BUT, I also discovered that my LTD had a 180 day ?Elimination period? that I would need to fulfill before being eligible to receive any money from my LTD insurance. Also, since my LTD insurance paid 60% of my base pay, if I wanted my pay to continue at 100%, I needed to figure out how to get the 40% back while on LTD.

* As for goal #4, I read in my Employee Handbook that I had to keep working at least 32 hours per week to retain eligibility for my company?s health insurance plan.

* For goal #3, if I was only going to work for 32 hours, and going to 32 hours per week equated to a 20% pay cut! BUT, as I wanted to retain my pay, I had to figure out how to get income for the other 8 hours per week.

* So, if you are paying attention, I needed to work my own job for 180 days (six months) for 32 hours; I needed documentation that what caused me to take this action was my condition?s symptom impairments; I needed to figure out how to ?earn back? income for the additional 8 hours per week; and, I needed to figure out what job(s) I could go to after my LTD elimination period for 60% of my base pay paid by LTD insurance, and what I could do in partnership with my company that would pay me the additional 40% of my base pay to get it back up to 100%.

* First of all, it WAS NOT EASY AT ALL to literally wring information out of my LTD insurance Carrier! When I started asking them questions, their first reaction was why would I want to continue to work? No one ever had before, why should I? It took me about a month to go through enough folks to get the answers to my questions, but it should not be a shock to y?all that I prevailed. Here?s what I learned.

1. My specific LTD plan said that I could earn income during the elimination period, and for the first year of coverage, as long as the amount earned, added to the LTD amount, did NOT EXCEED the amount of my full pay prior to triggering LTD.

2. The 20% pay cut action that triggered my LTD was for actual ?work? pay; it did not cover sick and vacation pay. So, I worked it out with my company[2 that I was going to keep my current job and pay during the 180 day LTD elimination period. Each week I would get a check cut from payroll for 32 hours ?worked?. I then would get a check for 8 hours of sick and/or vacation pay. The 2 together kept my pay whole; the process complied with my LTD requirements, and met my stated goals. (As an aside, this is another reason why it is a good idea to keep a ?bank? of useable sick and vacation pay. Also, my timing was such that my 180 days covered 2 different calendar years, and our company had the policy of ?granting? all vacation time at the beginning of each calendar year. This was how I was able to use the 28 days of combination sick and vacation time to augment my work pay and keep my ?total? pay complete.)

3. At the end of the 180 day elimination period, I accepted another job that my company, my doctors, the LTD insurance company and I agreed that I could perform.[3 Again, keeping my end goals in mind, and knowing that my LTD insurance would pay me 60% of my base pay, and I wanted to continue to earn benefits, I negotiated a position that would allow me to work for 32 hours a week, in a contributing capacity, that paid 40% of my base pay. As you can probably see, this arrangement was GREAT for both me and for my company.

Well, folks, this had again been a long blog, but I hope that it will be helpful for you. GOOD LUCK!!!

[1 Note: This process does NOT cover working while on SSDI, nor does it cover going back to work FROM SSDI coverage. If there is interest in those processes, let me know and I?ll create them for you.

[2 Actually, I did an entire proposal for my Company after I did all of the research, and had all of the answers. It included my goals, what I had learned, the steps I needed to take, what Jobs I thought I could do, the entire kit and caboodle as my kids would say. Again, it is this ?Expert Patient?, being in control, doing the work ahead of time that got and keeps getting me results!

[3 Again, the process of working with your Doctors and completing what is called a Residual Functional Capacity analysis and all that this entails to first qualify for LTD, and, next, to qualify for a job you, your company, your doctors and the LTD company are OK with is covered in great detail in the Disabilitykey Workbook.

About Disabilitykey.com & Carolyn Magura:

Disabilitykey.com is a website designed to assist each person in his/her own unique quest to navigate through the difficult and often conflicting and misleading information about coping with disabilities.

Carolyn Magura, noted disability / ADA expert, has written an e-Book documenting the process that allowed her to:

a) continue to work and receive her ?full salary? while on Long Term Disability; and

b) become the first person in her State to qualify for Social Security Disability the FIRST TIME, in UNDER 30 DAYS.

Click here to receive Carolyn ‘s easy-to-read, easy-to-follow direct guide through this difficult, trying process. If you are disabled, don’t let this disabiling process disable you. Read Carolyns Disability Key Blog.

If there is one area of law that seems perfect for implementation of a technology-based legal process outsourcing (LPO) paradigm, insurance litigation might just be that field. Of course, perfect is a loaded term, and anyone throwing that word around without quantifying it at all should probably be looked at with a raised eyebrow. Perhaps a more accurate hypothesis would be stated as follows: There are some core features of insurance litigation that lend themselves extremely well to various the tech-heavy LPO models that are currently out there.

The first feature of insurance law that justifies use of an LPO model is that of volume… more specifically, many subtypes of insurance fields are driven by paperwork. Documents, claims, policies, legal papers – they build and build until a new mountain range is formed to rival the Andes. Whether we’re talking motor vehicle insurance (no-fault, liability insurance, property damage, etc.), Workers’ Compensation insurance, health insurance, or one of the other biggies, an overabundance of documentation seems to be an inescapable part of life for involved businesses. Data entry and document management are familiar terms often used to describe methods of handling the paperwork. My experience has been that, since data entry and document management are the cornerstones of many successful outsourcing enterprises, it makes sense to have these services performed in a manner that is cost-effective. Without the clerical activities to bog them down, insurance companies, health facilities, law firms and other actors relevant to the insurance industry can focus on their core business practices.

Another feature is that of work specialization. The way insurance is regulated in the various states makes insurance-based litigation a prime candidate for LPO. For example, if you’re dealing with no-fault insurance in one of the no-fault states, such as New York, chances are there is one main set of regulations that govern how claims and related issues are to be addressed. While it is true there is often interplay between various types of insurance (i.e. no-fault in New York uses the Workers’ Compensation fee schedule), the insurance litigation field tends to be rather striated, allowing lawyers and paralegals located offshore to gain familiarity with the issues involved in steady increments. Moreover, insurance claim forms and policies generally don’t suffer from wide variation in substance. Though contract based, litigation stemming from policies of insurance are powered not so much from speculation regarding whether there was a meeting of the minds of the parties involved, but rather whether the static provisions and conditions as stated in the policy require reimbursement in each individual case.

Yet another aspect is that of differing technological capabilities. This is not simply a case of: He who wields the most RAM wins. However, as many attorneys can personally attest to, the fate of cases can certainly be influenced if one side had a technological edge over the opponent. An example of this is as follows: let’s say a plaintiff firm serves an insurance company with dozens of summary judgment motions in one week. When those motions come into the defense counsel’s office, what happens next? Are they filed away in accordian files and Redwelds, or are they scanned into a computer system? Does the attorney or paralegal handling the case have to request the file from a file room located on a different floor or building, or does s/he just punch a few keys in order to bring up the images of the documents that belong in that file on the monitor? When it comes time to oppose those motions, are the opposition papers drawn up from the orthodox technique of cutting and pasting Word-based templates, or is there a template generator that automatically populates data, including case citations and legal arguments, from the system? Regarding exhibits that need to be attached to motions, are they done so manually or does the software system automatically annex them? Naturally, these questions merely scratch the surface of the impact that technology can have on the outcome of legal matters, but they do provide a glimpse into how the worlds of law and technology can combine to form a powerful package.

There are numerous other considerations, such as cost per matter, storage expenses, and service and filing by electronic means; however, these topics will be covered in subsequent articles. Hopefully this article has provided you, the valued reader, with a fair degree of insight into the subjects discussed.

Stefan Belinfanti, Esq.

More articles at articles on database

In this economy, you may think twice before consulting an attorney to avoid the fees. Sometimes thats a good idea. Sometimes its not and can cost you lots more in future litigation. Here are some basic guidelines relating to two important issues contracts and insurance – to help decide when to use an attorney and how to use them efficiently.

Contracts.

A good contract is the basis for any smooth business relationship. Contracts are essential. Not only do they clarify roles, responsibilities and ownership issues, they limit potential liability. Attorneys can help you draw up a contract that covers all your bases, but if you want to use your attorney efficiently, do some homework first.

Sit down and in your own words define the relationship youre setting up and describe those who youre setting it up with. Anticipate industry-specific issues that affect your risks and liabilities in the contract. Point out best and worst-case scenarios that affect the success of your product and how that will affect the contracted parties. Address ownership issues. Now set up a meeting with your lawyer.

You may think that signing a contract is a simple proposition. Just read what it says. Wrong! Its not only what a contract says, but rather what it doesnt say that matters. A contract can be deliberately written to be ambiguous and open to various interpretations, which are not always in your favor. Often, you are so personally involved in the contract negotiations agreeing to amendments, changing clauses day by day that you feel that after all the discussion, it MUST be right. Before you sign, have an attorney look at it. What you gain from an objective eye is far greater than what you pay in fees. You can add protective steps to your contracts, which may help in cases that lead to litigation. Include a provision in contracts that states that if you need to sue, legal fees are recoverable for non-performance or payment. You will probably have to include a reciprocal clause for the other party. You could also include a dispute resolution clause that specifies the use of binding arbitration. You can even specify a mutually agreed upon arbitrator in advance.

Insurance

Whether youre buying or renewing insurance be wary! Dont be intimidated by complicated language. Ask all the questions you need to thoroughly understand your policy. If your policy is just incomprehensible, ask your agent to suggest a plain language policy.

Legally, any renewal is considered a new contract. Dont assume you are getting the same coverage! Read the renewal policy carefully. Ask your agent to confirm in writing whether there are any changes in the renewed policy, and, if so, then what are they so that you are not surprised after a loss.

If a claim is filed against you, immediately notify your insurance company and agent by certified letter, even if you dont think youre covered. This is your responsibility. Failure to notify your insurer of an insurance claim is a cause for non-payment of your claim.

If your insurance company or broker denies claim coverage, contact an attorney. Dont try to negotiate on your own. It is our experience that insurance companies deny responsibility too frequently. An initial denial of your claim my simply be a negotiating tactic.

If you have a dispute with your insurance company, consult your policy to find out how much time you have to start a lawsuit and contact an attorney well before that time expires.

Remember, the money you spend now for legal fees to prevent future problems is a drop in the bucket compared to the fees you will pay in future litigation. If you use your attorney wisely, it could be one of the best investments you make.

More articles at article database

You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes.

When should you consult with an accident attorney? You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.

You say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill the case is settled. Most settlements are increased to cover the cost of the attorney and therefore normally the attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit.

You say that you were injured, however, the insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don’t you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into the premiums that they charge their customers. If the money does not go to you it will probably go to their shareholders or to increased salaries or ?. Why shouldn’t you be properly compensated. Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper.

You say someone else admitted liability and said that their insurance will pay all your damages. That’s great, however, what if the person changes his or her story later on and says that you were at fault. Or what if the other side’s insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney the insurance company adjuster or attorney may feel that he or she can get away with paying much less than the claim may be worth. Additionally, what people state at the time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for the insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save the company money. You need an attorney on your side to tell you what your rights and obligations are.

You say that you were not hurt that bad or at all. How do you know how badly you were hurt. Some injuries do not show up for months. Other injuries may aggrivate a prior problem. Even if you have been found to be ok by a doctor, how do you know that a problem will not come up later. If you have insurance and did go to a doctor, who is going to pay your co-pay or deductible. If you do not have health insurance, who is going to pay for your examination which should include xrays, etc.. If you retain an attorney he or she can probably refer you to a doctor who will accept a lien against the insurance settlement, thereby saving you from paying money out of your pocket.

You say you have accident insurance, why not let them handle everthing for you. Your insurance company is there to defend any claims against you not to represent you in any claims against other parties. Additionally, they also are in business to make money. How do you know if they are trying to settle a case to help you or to save themselves money.

The foregoing article was written by the author based on experiences he has had as a private investigator representing both accident attorneys and insurance companies. This article is not stated as a legal opinion or as fact but instead is stated as opinion of the author.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.

For a nationwide directory of attorneys see usattorneysdirectory.us Or for more articles about attorneys or other lrgal matters see Legal Articles about resources for attorneys resources for attorneys home submit an articlereport bad links contact us

Copyright 2004 Resources For Attorneys. All Rights Reserved Worldwide.

The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.

More articles at Articles on database

Every case is different and there are no guarantees. Below are rough answers to some questions we hear frequently.

Q: Will I have to go to Court for my speeding ticket?

A: It depends. Without a lawyer you usually do have to appear in Court. In most courts, good lawyers can resolve your speeding ticket or other traffic charge without you having to go to Court. Criminal Procedure Law 340.50(2) allows for a lawyer to appear on your behalf, if the proper paperwork is taken care of. It is possible that the prosecution will object, but that is not common. There are a few courts in the area where you will have to attend, but that is rare.

Q: Do I need a lawyer for a speeding ticket?

A: No, but in many courts a lawyer will get you a better deal than you will get for yourself, with fewer points, a lower fine, less impact on your insurance, and less hassle.

Q: Will my insurance rates go up if I get a speeding ticket?

A: A speeding conviction or other moving violation will be reported on your New York State driving record. If you are insured in New York, points on your license can affect your insurance. It is possible that your insurance company wont find out, but the odds are that they will. The best way to keep your rates down is to get a good lawyer to negotiate to get you a reduction. Insurance Law 2335 discusses in detail what violations can be used by insurance companies to raise your rates. A good lawyer will consider those rules in resolving your ticket.

For out-of-state drivers, there is no simple answer. It is our understanding that New York State reports moving violations to the Drivers License Compact, and that this can affect insurance rates for out-of-state drivers. It seems like this is applied inconsistently. In some cases the home state never finds out. We have seen cases where they do. It is also our understanding that New York reports moving violations of Quebec and Ontario drivers directly to those provinces.

For New York drivers who get out-of-state tickets, these generally will not affect you. The exception is tickets in Quebec and Ontario. However, it is always possible that your insurance company will find out, and if they do, your rates might go up. Under Insurance Law 2335, it should not affect you in New York, but that doesn’t mean they won’t try.

When good lawyers negotiate plea bargains, they minimize the impact on your insurance rates. For out-of-state drivers, a lawyer might seek a reduction to something that has points in New York but not in your state or province.

Q: Can we beat a speeding ticket or traffic charge?

A: Most speeding tickets and traffic charges are difficult to beat and it will cost a lot more to fight than to make a deal. The police usually do a good job and most defendants are guilty. Still, the police sometimes slip up. The most common way you can beat a ticket is if the officer doesnt show up. That is very rare. The main reason you would fight a ticket is if you already have several points and you cant get a reduction that will save it. Also, if your job requires a clean license, it may be cost effective. You should discuss this with an experienced traffic lawyer.

Q: What do lawyers charge for a speeding ticket?

A: In upstate New York fees seem to range from $200 to $500 for most ordinary tickets. If it is a case that will go to trial, the fees would be higher, perhaps $1000 or more. Fees for tickets in New York City and downstate counties tend to be higher.

Q: What is the point system?

A: When you get convicted of a moving violation the DMV records points on your New York license. All moving violations are at least two points. Most are three points or more. New York recently added a new surcharge of $100 per year for three years if you get six points, plus $25 per year for each additional point.

The following table shows the point values assigned to moving traffic violations. The points are assessed against your driving record based on the date you committed the violation, not the date you were convicted in court. If you accumulate 11 or more points in 18 months, you will be called to a DMV hearing, after which your license may be suspended or revoked. You will be offered the option of waiving the hearing or accepting a definite period of suspension.

Some license revocations and suspensions are mandatory and do not depend on points. These include three speeding violations within 18 months, and convictions involving alcohol or drugs. VIOLATIONS POINTS
Speeding (mph over posted limit)
1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
More than 40 11
Reckless Driving 5
Failure to stop for a School Bus 5
Following too closely (tailgating) 4
Inadequate Brakes 4

(while driving employers vehicle) 2
Failing to Yield Right-Of-Way 3
Violation Involving Traffic Signal, Stop Sign, or Yield Sign 3
Railroad Crossing Violation 3
Improper Passing or Lane Use 3
Leaving scene of an incident involving property damage or injury to an animal 3
Child safety restraint violation 3
Any other moving violation 2

More articles at www.articles-host.com