Posts Tagged ‘car’

UNSAFE LOAD = BIG RECOVERY

Monday, December 29th, 2008

It is worth remembering that sometimes things do work out for the best if you do the right thing. This point was driven home by a recent case involving a Texas truck driver and an unsafe load.
The truck driver was fired because he refused to take to the highways driving a load of steel that was not properly secured and was therefore dangerous. The company’s president told him he could either drive the company’s truck or drive his own truck home. The trucker refused to take the unsafe load and was fired the same day.
The trucker sued, claiming that he was fired solely for refusing to perform an illegal act. At trial, the jury agreed. Contributing to its verdict were a number of facts, including the following:

•    This was not the first time the driver had complained about having to drive a dangerous load.
•    The company admitted that it knew next to nothing about the federal regulations governing trucks and their loads.
•    The driver had previously received a ticket for transporting an unsafe and illegal load, about which he had complained.
•    When another driver took the same unsafe load the trucker had refused to take, part of the load came loose and slammed into the driver’s cab.

The trucking company tried to discredit the trucker’s stance and to portray him as being in it for the money, but the jury credited his testimony that he had been trying to do the right thing and be a good role model for his kids. The jury awarded the trucker $267,000, even though he had suffered only $7,500 in lost wages. Those of us who drive on Texas highways can only hope that the trucking company got the message.

Automobile Insurance Essentials

Wednesday, September 24th, 2008

Automobile Insurance Advice

Most of us who drive know we must have insurance on our automobiles, but not all of us know what this insurance does and does not cover. The following is a basic overview of the kinds of insurance commonly offered in Texas, what each different kind of insurance covers, and some basic points every automobile owner should consider.

Liability

The most important type of insurance is called liability insurance. Every driver is required by Texas state law to have a certain amount of liability insurance. The purpose of liability insurance is to pay for damages caused by you and other drivers of your automobile, including such things as medical bills, car repair bills, lost wages, compensation for pain and suffering, and most other kinds of damages that might be awarded. As of April 1, 2008, Texas law requires drivers to carry so-called “25/50/25″ insurance, which provides coverage of up to $25,000 per person, up to a total of $50,000 per accident, and up to $25,000 for property damage per accident.

PIP

Another common type of car insurance is personal injury protection insurance, or “PIP.” PIP pays the medical bills and lost wages incurred by someone who is injured while driving or riding in your car. PIP is available regardless of who is at fault for causing the accident. Although Texas drivers are not required by law to purchase PIP coverage, insurers are required to offer at least $2,500 in PIP coverage. If the driver chooses not to carry PIP, he or she must reject it in writing.

Uninsured/ Underinsured

A third common kind of insurance is uninsured/underinsured motorist (UM/UIM) coverage. Basically, UM/UIM coverage protects the insured against damages or injuries that are caused by other drivers who (in violation of the law) do not have liability insurance. As is the case with PIP, a driver is not required by state law to carry UM/UIM coverage, but insurers are required to offer it. Also, like PIP, if the driver chooses to reject the coverage, he or she must do so in writing.

Collision and Comprehensive

Liability, PIP, and UM/UIM are very common, and many drivers carry all three kinds, but those are not the only kinds of insurance available. For example, drivers may also choose to purchase collision insurance and comprehensive insurance. Collision insurance pays the costs of fixing your car after an accident, whether the accident was caused by you or by another driver, up to the market value of the car. Comprehensive insurance also pays for damage to your car, but it pays for damage by causes other than collision, such as damage by fire, hailstorm, or theft. Although neither collision nor comprehensive insurance is required by state law, banks and other lenders often require that a borrower buy this extra insurance in order to protect the value of the car.

Other Insurance

Other, even more specialized kinds of insurance may be available. For example, many insurers offer towing insurance, which pays the cost of towing your car to a garage if it is disabled. Others offer rental car reimbursement, which pays the cost of renting a car to use while your car is being repaired for damage covered by some other insurance policy.

How Much Is Enough?

The answer to the question of how much insurance a driver must have is usually an easy one. State law requires all drivers to have at least 25/50/25 in liability insurance coverage. However, the answer becomes more complicated when you reframe the question in terms of how much the driver has to lose.

We recommend that you have additional liability coverage to protect you if you cause an accident. We also urge you to purchase at least the minimum amount of UM/UIM coverage. If possible, have as much UM/UIM coverage as you have liability coverage. For a few dollars more, you can adequately protect yourself and your family. Talk to your insurance agent if you have questions about the coverages that you should carry on your auto insurance policy. And, as always, feel free to contact us if you have additional questions.

After an Auto Accident

Wednesday, September 24th, 2008

* STAY CALM.

* Move yourself and your passengers out of harm’s way. Call the police.

* Assist anyone who is injured. Call for an ambulance if necessary.

* Get the name, address, phone number, and license number of the other driver(s) and car(s). Exchange insurance information. DO NOT discuss the accident (except with the police), but DO make notes of anything the other driver(s) says about the accident.

* Get the names, addresses, and phone numbers of any witnesses.

* Get photographs of your vehicle, contact your insurance company, and write down everything you remember about the collision ASAP.

* Contact our firm to discuss your legal options.