Month: October 2013

Where’s the Insurance? Beware of Uninsured Drivers

Posted on by tucson insurance

About twenty years ago, a famous hamburger chain ran a series of commercials featuring a cute octogenarian named Clara Peller.  This feisty little old lady claimed her fifteen minutes of fame asking that now famous question, “Where’s the beef?”  While it may have been funny to watch her put fast food restaurant owners on the spot, it is not at all funny if you’re in a car accident and you ask the other driver for their insurance card only to find out they have none.

Unfortunately that’s a scenario that happens all too frequently.  As the cost of living rises and paychecks don’t meet needs, people start making decisions about where to cut expenses.  One of those decisions may be to eliminate or greatly reduce the amount of their car insurance.  They need the car and take the calculated risk that they won’t get into an accident, but invariably, they are wrong.  In fact, the possibility of an uninsured motorist hitting you is greater than you may realize.  There are some states in which almost 32 percent of all drivers do not carry automobile insurance.  The national average is 14 percent.

You can protect yourself from an uninsured driver, or even an underinsured driver, whose negligence causes you to be involved in an accident. The first way is with uninsured motorists (UM) coverage.  It provides insurance protection for bodily injury, and in some states, property damage, caused by an uninsured driver.  This type of policy permits you to collect from your own insurance carrier just as if it provided liability coverage for the uninsured driver.

Uninsured motorist bodily injury coverage pays for your medical expenses, lost wages, and other damages when you or your passengers are injured in an accident caused by a driver without car insurance.  Uninsured motorist coverage also pays for injuries that result from a hit-and-run accident.  Policy owners choose the coverage limit when they buy their policy.

Uninsured motorist property damage coverage protects you if your vehicle is damaged in an accident caused by a driver without car insurance.  Other protection provided by this type of policy varies from state to state.  If available, the deductible for uninsured motorist property damage is usually $250.  This is often substantially less than the collision coverage deductible found in your auto insurance policy.

The other policy alternative is underinsured motorists (UIM) coverage.  This provides insurance protection for bodily injury, and in some states, property damage, caused by a negligent motorist who is not sufficiently insured and whose negligence results in an accident.  The bodily injury portion of this kind of coverage pays for your medical expenses, lost wages, and other damages when you or your passengers are injured.  It usually pays the difference between the coverage limit you select and the other driver’s bodily injury coverage limit.

Underinsured motorist property damage coverage protects you if your car is damaged in an accident caused by a driver with insufficient auto insurance coverage.  Other specific protection provided by this type of coverage varies by state.  As with bodily injury, property damage coverage pays the difference between your policy’s coverage limit and the other driver’s property damage coverage limit.

When you are deciding whether or not to buy either of these coverages, keep two very important points in mind.  Both UM and UIM coverage are broad in scope because they provide benefits for you and your family members’ injuries that occur in your own covered car, in cars you don’t own, and as pedestrians.  Despite all of this protection, the cost for this coverage is reasonable compared to liability coverage and physical damage coverage for your own car.

Protect Your Company from Identity Theft Liability

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If your business does not properly dispose of personal information from customers or employees you could be fined, sued or involved in a costly class action lawsuit.  Effective June 1, 2005, the new strict information Disposal Rule changed the way nearly every business in the United States must handle sensitive personal information. 

Identity theft is the fastest growing crime in America.  The Federal government has recognized that improper disposal of sensitive information is a key cause of identity theft and is firm in its commitment to prevent identity thieves from obtaining personal information. 

The Fair and Accurate Credit Transactions Act is an amendment to the Fair Credit Reporting Act.  The new Disposal Rule portion of the law requires companies to properly dispose of all paper or electronic personal data by reasonable measures such as shredding or burning for paper records.  Third party companies that specialize in proper information disposal can be contracted to handle this responsibility.

If you do not comply with the new Disposal Rule, your company could be subject to civil liability for actual or statutory damages as a result of your inaction leading to the identity theft; class action lawsuits, if a large number of employees or customers are involved; and federal fines of up to $2,500 for each violation, and state fines of up to $1,000 for each violation.

When implementing information disposal practices, consider the following:

– Have a valid reason for requesting the information that you gather.

– Acquire data in a private manner that cannot be seen or overheard.

– Install effective security on systems that store personal data.

– Make sure that sensitive data is treated as highly classified and is access controlled.

– Make all paper and electronic documents unreadable before disposing of them.

– Train all personnel in proper procedures for identifying, handling and disposing of personal information.

– Consider conducting background checks on all employees with access to identifying information including mailroom staff, clean-up crews, customer service technicians and temporary workers.

– For your protection in case of a lawsuit, formalize your information disposal program including maintaining detailed documentation of each security measure you establish.

Teenage Drivers Are a Threat to Everyone

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Teenagers and fast cars are a Hollywood legacy that dates back to James Dean. The “Rebel Without A Cause” and his Porsche 550 Spyder were the ultimate symbols of teenage rebellion during the 50s. Despite all the Hollywood hype surrounding a teen’s need for speed, the problem with teenage reckless driving has serious consequences that reverberate beyond the drivers themselves.

According to the Insurance Institute for Highway Safety’s report Fatality Facts: Teenagers 2003, the risk of motor vehicle crashes is higher among 16- to 19-year-olds than any other age group. In fact, per mile driven, teenage drivers are four times more likely than older drivers to crash.

As if those statistics weren’t bad enough, the Automobile Club of America (AAA) Foundation for Traffic Safety published a study that shows the majority of people killed in teenage driver crashes are people other than the teens themselves. The Foundation study analyzed data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) from 1995 through 2004.

The research data indicates that young drivers represent a little more than one-third of all fatalities caused by crashes in which they were involved. However, almost two-thirds of those killed in crashes are other vehicle occupants and pedestrians.  Between 1995-2004, crashes involving 15-, 16- and 17-year-old drivers took the lives of 567 people in Minnesota, of which 212 or 37.4 percent were the teen drivers themselves. The remaining 355 or 62.6 percent included 171 passengers in the cars driven by 15- to 17-year-old drivers, 155 occupants of other vehicles, and 29 non-motorists. The AAA of Minnesota is using this data in their lobbying efforts to beef up state driving laws.

As a result of their findings, the AAA is suggesting a two-pronged approach to solving the problem. The first is a graduated licensing law (GDL). Graduated licensing requires that a new driver be given driving privileges in three stages: a learner’s permit, a probationary license and finally full driving privileges.

The AAA made it their goal in 1997 to pass GDL laws in all 50 states and the District of Columbia. This goal was finally achieved when Wyoming and Montana enacted laws in 2005. The legislation requires teens to obtain more supervised behind-the-wheel driving experience as well as phased-in driving privileges. However, not every state’s GDL laws are as comprehensive as they should be.

The second part of their approach involves educating parents. Parents are encouraged to prevent their teenagers from riding with other teen drivers, or transporting other teens during the first year of driving.  To help parents overcome any awkwardness about enforcing these rules, especially if other parents may not be following the same track, the AAA has designed a new parent discussion guide. It encourages parents to work as a team to ensure their teens gain driving experience in the safest driving environment possible during that first year. For more information, log on to http://www.aaapublicaffairs.com/Main/Default.asp?CategoryID=14.

Should Your Business Be Concerned About Silica Lawsuits?

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In America, asbestos litigation has become a huge problem for both businesses and insurance carriers. According to a study released in May 2005 by the RAND Institute for Civil Justice, more than 730,000 people filed claims for asbestos-related injuries from the early 1970s through 2002.

The study also stated that the number of asbestos claims increased dramatically through the 1990s and into 2002 because of suits filed by people who are claiming non-cancerous injuries. These cases account for 90 percent of all new claims, adding to the large numbers of asbestos litigation brought by the cancer-stricken.

In the midst of this there is a new threat that promises to be as big a player in the litigation arena as asbestos has been. That threat is silica.

Silica is a major component of sand, rock and mineral ores. Overexposure to dust containing microscopic particles of crystalline silica can cause scar tissue to form in the lungs. The scar tissue reduces the ability of the lungs to extract oxygen from the air. This condition is called silicosis, which is disabling, nonreversible and sometimes fatal.

According to A Guide To Working Safely With Silica, published by the National Institute for Occupational Safety and Health (NIOSH), “Each year, more than 250 American workers die with silicosis. More than 1 million U.S. workers are exposed to crystalline silica. There is no cure for the disease, but it is 100 percent preventable if employers, workers and health professionals work together to reduce exposures.”

Working in a dusty area increases the possibility of your employees becoming exposed to silica as does working in certain occupations such as construction, mining, foundry work, glass manufacturing and stone cutting.  Despite the occupation, following some basic procedures can reduce silica exposure:

  • Be sure that employees use the engineering controls you have installed to reduce silica dust levels, and make sure they are properly maintained.  Employees should report any malfunction immediately.
  • Minimize dust by following good work practices, such as removing dust with a water hose or a vacuum with a high-efficiency particulate filter rather than blowing it clean with compressed air. Wet sweeping is preferable to dry sweeping.
  • Use less hazardous materials than crystalline silica for abrasive blasting.
  • To reduce exposures below permissible levels, insist that employees wear and correctly use approved particulate respirators when engineering controls alone are not adequate.
  • Remind employees that facial hair interferes with the respirator seal to the face, making most respirators ineffective.
  • If you must sandblast, use type CE positive pressure abrasive blasting respirators.
  • Participate in air monitoring, medical surveillance, and training programs.

As important as it is to monitor silica exposure on the jobsite, it is just as important to monitor your employees to see if they are practicing good silica hygiene before, during and when they leave work. Train them to change into washable work clothes on site. If possible, provide them with a shower so that they can wash and change into clean clothing before leaving. Insist that they avoid eating, drinking, or using tobacco products in work areas where there is dust or other toxic materials.  Most importantly, they should wash their hands and face before eating or drinking.

To further help you prevent silica exposure; OSHA has developed The Silica eTool. It includes current information that will assist businesses owners in identifying potential silica hazards by choosing correct sampling and analytical techniques, comparing monitoring results with acceptable exposure limits, and selecting appropriate control options. To download it, log on to http://www.osha.gov/SLTC/etools/silica/index.html.

Black Boxes Are No Longer Just for Planes

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A black box, also known as the Cockpit Recorder or Flight Data Recorder, documents all of the data transmissions on an airplane, such as altitude, air speed, and voice and sound transmissions.  Typically, black boxes aren’t black at all.  They are brightly colored, which makes them easier to find in the wreckage following an accident.

Everyone knows that airplanes have black boxes.  What you may not know, however, is that your car may have one too.  This box, which is approximately the size of a carpenter’s tape measure, is installed in about 70 percent of all new car models.  It is usually fitted under your dashboard or seat, and it kicks into high gear when your car’s airbags are deployed.

These event data recorders (EDR) as they are known, can record information only in the 5 to 10 seconds before and after it senses an airbag is about to be deployed.  EDRs record the following data:

 

  • Vehicle speed
  • Engine speed 
  • Brake status
  • Throttle position
  • If the driver’s seat belt is on or off
  • If the passenger’s airbag is on or off
  • If the IR Warning Lamp is on or off
  • Time from vehicle impact to airbag deployment
  • Ignition cycle count at time of the crash
  • Ignition cycle count at investigation 
  • Maximum velocity before deployment
  • Velocity vs. time for frontal airbag deployment
  • Time from vehicle impact to time of maximum velocity
  • Time between the air bags about to deploy and deployment if it is within five seconds

 

Insurance carriers and police officers use the information gathered by the box to reconstruct the events leading up to a crash.  General Motors has been installing black boxes in their cars since 1999, and several other car manufacturers have been installing them since 1996.  Crash investigators, insurers, police and government researchers say such information is the cornerstone to learning how to build safer cars.  Privacy advocates say EDRs are a way to obtain data that can be used to incriminate drivers.

The controversial practice of installing black boxes in cars will become even more hotly contested when the National Highway Traffic Safety Administration issues a new rule in 2006, requiring carmakers to standardize black box technology.  The standardization will necessitate that all data is recorded and stored in the same way, which will make it is easier for researchers to recover the information.  However, only a few states have addressed the privacy concerns associated with black boxes and have enacted laws that ensure the car owner’s ownership rights to the data.

Sexual Harassment and Its Damaging Effects for Your Workplace

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When sexual harassment occurs in the workplace it is emotionally traumatizing to the victim.  In addition to this, news of the harassment creates a negative workplace environment, can lead to health problems for the victim and can compromise workplace safety.  Financial losses can also directly and indirectly impact companies resulting from absenteeism, decreased productivity, increased healthcare costs, low morale and high employee turnover.  Under the Civil Rights Act of 1964, the employer and their employee can both be held liable for the sexual harassment

Understanding sexual harassment is the first step in preventing it.  Sexual harassment is a pervasive problem and reports reveal that it is on the rise.  In fact, one in four women will reportedly experience sexual harassment on the job.  One in eight men file a sexual harassment claim.

The definition of sexual harassment is evolving and now broadly includes any form of sexual conduct that interferes with work performance or creates an intimidating, hostile or offensive work environment. 

Sexual harassment can occur by men towards women, women towards men or among members of the same gender.  The harasser does not need to be the victim’s superior.  It can occur between co-workers or even those who do not work for the same company.  The abuse can be physical, verbal or even more conspicuous such as exposing others to offensive photographs.  Even sexual banter, pranks or remarks can be construed as sexual harassment if someone finds them offensive. 

Because sexual harassment has become so widespread the OSHA has taken notice and classified it as a form of workplace violence because of the health and safety effects involved.  These can include a variety of physiological ailments for the victim ranging from headaches and stomach problems to increased risk of heart attack.  Victims also often find it difficult to focus on performing their tasks safely and correctly due to increased stress.  Also, when involved in a pattern of intimidation, victims often receive inadequate training and may even be reluctant to raise valid safety issues for fear of further ridicule.

The best way to eliminate workplace sexual harassment is to create a workplace environment that discourages it.  Employers should make it clear that sexual harassment will not be tolerated.  To further discourage sexual harassment and to stop it quickly if it does occur, companies should establish a complaint process and always respond promptly and appropriately to such grievances.

Are Men and Women Equal When It Comes to Bad Weather Driving?

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The Battle of the Sexes has raged from the time Eve showed Adam she was not about to play second fiddle when she tempted him to bite that notorious apple. Since then, women have proved that they are not just a product of male spare parts. One of the most cherished arenas in the male-female competition is the ability to handle a car. Men have always felt that automobiles are in the masculine domain, pretty much like arc welding and plumbing. Women, of course, have taken a somewhat different view. Now the Chrysler Group has come along to confirm that men and women do not see eye to eye when it comes to rating each other’s driving skills.

According to its Bad Weather Driving Survey, men believe that they are better drivers than their mates. Out of 1,000 adults surveyed, sixty-eight percent of the men expressed this opinion.  Forty-nine percent of women polled think they are just as adept at driving as their male significant others. Twenty-six percent, more than one in four women, responded that they are better drivers than men.

Men and women may have rated their driving abilities differently, but the genders agreed about driving in bad weather conditions. Eighty-four percent of the men and eighty-six percent of the women chose icy roads and pouring rain as the two most difficult weather conditions to drive in. Only seven percent of the drivers surveyed chose heavy snow as the most difficult weather condition for driving. Four percent of those polled chose sleet as the most difficult condition, while three percent chose strong winds.

Oddly enough, the same situations that make male drivers uncomfortable also make female drivers nervous. Seventy percent of both men and women said the possibility of losing control of your car or having to swerve because of something unexpected in the road were the two most frightening driving situations.

Whether you are male or female, knowing how to adapt to changing road conditions can save your life. Consider the following tips:

 

  • Slow down and leave wider space cushions between you and other drivers when you encounter bad weather, glare, narrow/twisting roads, and low light conditions.
  • Remember that, even with headlights, it is extremely difficult to detect pedestrians, bicyclists, and others. Use your headlights between the hours of sunset and sunrise. For the best visibility, use your high beams when you are over 500 feet from oncoming vehicles or 300 feet behind the vehicles ahead.
  • When driving under foggy/smoky conditions, turn on your low-beam headlights and fog lights (if your vehicle is equipped with them). Be prepared to stop suddenly. If the fog or smoke becomes so thick that you cannot see well enough to keep driving, pull completely off the pavement and stop. Turn on your emergency flashers.
  • Remember that roads are extra slippery at the start of a rain shower because oil, which has risen to the road surface, has not had a chance to wash away. Heavy rains will cause more problems because your tires can begin to hydroplane, like water skis. In this case, the key to keeping your tires in contact with the road is to simply slow down. Also, keep your headlights on when it is raining at any time of day.
  • An important skill to learn in snow and ice is the controlled slide. If your vehicle begins to slide, take your foot off the gas pedal. If you have anti-lock brakes, apply them firmly. Otherwise, avoid using brakes, pumping them gently only if you are about to hit something. Steer the car into the direction of the skid to straighten out the vehicle. Then steer in the direction you wish to go.

 

Subcontractor Default Insurance: Don’t Take the Fault for Their Default

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If you are a general contractor for a big-budget construction project, you know you’re going to have to hire a number of subcontractors to help bring the project to completion.

So how can you be sure these subcontractors you hire can perform the work? You can’t. When hiring in the past, general contractors shifted the performance risk they assumed themselves to some guarantee form like a surety bond. Now, there is another alternative for risk transference called Subcontractor Default Insurance (SDI).

There are three main differences between a surety bond and SDI:

1.   If the contractor uses surety bonds, each subcontractor provides their individual bond resulting in the general contractor having as many bonds as subcontractors, each with its own coverage terms. With SDI, one policy contracted between the purchaser and an insurance carrier covers all subcontractors. This ensures uniformity of coverage.

2.   Under SDI if a subcontractor defaults, the general contractor and the carrier can immediately take steps to cure the default. With a surety bond, since the contract is between the subcontractor and the surety company, the surety company must investigate the situation and then determine the appropriate remedy. In essence, the surety company acts as a mediator between the general contractor and the subcontractor. This can result in delaying completion and cause possible cost overruns.

3.   A surety bond is a fixed cost. SDI is an insurance product, which utilizes deductibles and co-payments. That means the purchaser assumes a portion of the risk. If there are no defaults, there is a retrospective rating component that allows for the return of a portion of the premium amount.

When you are weighing the pros and cons of a surety bond vs. SDI, it’s important to note that one of the most significant drawbacks of SDI is that there is no prequalification service provided by the insurance carrier as there is with a surety bond company. The responsibility of determining suitability to perform the work and of managing the completion of that work rests entirely with the named insured.

The policy itself has some coverage limitations and there may also be a 15 percent administrative cost for losses charged against the initial premium under certain conditions.

Finally, you may not be able to use SDI at all for certain projects. The Miller Act states that before a contract that exceeds $100,000 for the construction, alteration, or repair of any building or public work of the United States is awarded to any person, that person shall furnish the federal government with a performance bond in an amount that the contracting officer regards as adequate for the protection of the federal government and a separate payment bond for the protection of suppliers of labor and materials.

When you are considering using SDI, it’s best to consult with your insurance carrier to determine if it is right for your particular project.

Head Restraints Found Inadequate in SUVs

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With rear end collisions, there is always the possibility of the victims suffering from whiplash. That’s why head restraints are so important to your safety provided they function properly.

Although the primary purpose of a head restraint is to prevent injury to your neck during a rear end crash, there are significant differences in the way head restraints are made. Some are adjustable, while others remain in a fixed position. Some adjustable restraints can be locked into position, but others are not manufactured to lock. There are also variations in height as well as the distance from the back of a person’s head.

The Insurance Institute for Highway Safety recently conducted a study of the seat/head restraint combinations in 44 current model SUVs. Only six of the models tested received a passing rating for protection against whiplash injuries in rear end crashes.

According to the study, if a seat/head restraint is well designed, it should keep the head and torso moving together during a rear end collision. When a car is struck in the rear, the seats push the occupants’ torsos forward. If the occupants’ heads are not supported properly, they will remain behind as the torso moves forward. This difference in motion between the two body parts results in the neck being snapped back. The faster the torso moves, the more sudden the movement, and the greater the forces exerted on the neck, which makes the possibility of whiplash more likely.

A head restraint needs to extend at least as high as the center of gravity of the tallest occupant’s head. A restraint should be located close to the back of an occupant’s head so it can provide support at the point of impact.

The Institute evaluated the seat/head restraints with a two-part test. First, the restraint geometry was measured to determine its height and distance from the head of an average-size man. Seats/head restraint combinations that flunked the geometry test were immediately given a poor rating because they cannot provide protection for enough different body types in rear-end crashes.  If the seat/head restraint combination was rated either good or acceptable for its geometry, it was then tested to see how it performed while in motion. The testers used a movable platform and a dummy to measure forces on the neck. This test, known as a sled test, simulates a collision in which a non-moving vehicle is struck in the rear end by a vehicle of the same weight traveling at 20 mph.

In general, the researchers found that four out of five SUV seat/head restraint combinations tested were marginal or poor in terms of whiplash protection. This was the first time the Insurance Institute for Highway Safety had tested SUV seats using a dummy to measure forces exerted on the neck during a rear-end crash.

The SUVs whose seat/head restraint combinations received an overall good rating were the Ford Freestyle, Honda Pilot, Jeep Grand Cherokee, Land Rover LR3, Subaru Forester, and Volvo XC90.  SUVs with poor ratings included such popular models as the Chevrolet TrailBlazer, Ford Explorer, and Toyota 4Runner.

Wrap-Up Insurance: Keeping Your Construction Project’s Exposures Under Wraps

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Covering all of the risks associated with a large-scale construction project can be described as nothing short of daunting. In addition to all of the exposures you personally face as an owner/general contractor, you also have to deal with different forms of insurance coverage for all of your subcontractors. That means having to audit their insurance for terms, conditions and exclusions or face the prospect of unforeseen liabilities emerging down the road.

Given this overwhelming scenario, it’s no wonder that wrap-up insurance programs have steadily increased in popularity. This type of coverage is so named because it is project specific, and it’s designed to insure the owner and all contractors who work on the project under a single insurance package. Wrap-up programs are generally used when the project cost is expected to exceed $100 million. Either the owner or the general contractor can purchase wrap-up insurance. When the owner purchases the wrap-up protection, the program is often referred to as an Owner-Controlled Insurance Program (OCIP). If the general contractor purchases the wrap-up insurance, it is known as a Contractor-Controlled Insurance Program (CCIP). However, keep in mind that regardless of what name it is referred to, the coverage is still underwritten by an insurance carrier.

There are some significant benefits to using this type of insurance. Because the purchaser is granted “named insured” status under the policy, they have the authority to select the insurer and the types and limits of coverage. It also allows the purchaser to set safety standards for the project.Of course, there are cost savings that result from buying all your insurance in a package. Some proponents of this type of insurance also believe that it reduces costs on a net basis because subcontractors do not need to factor insurance costs into their bid.  This is especially true in today’s insurance marketplace, where smaller contractors are having a harder time finding coverage.

Although each wrap-up program is uniquely designed to fit the needs of the project being insured, most wrap-up programs cover workers’ compensation, employer’s liability, general liability and umbrella liability. In addition, you may want to consider adding builder’s risk, contractor’s pollution liability, errors and omissions insurance and subcontractor default insurance coverage when you are working with your carrier to develop a wrap-up program. The cost for this type of coverage is usually about 2% of the cost of the work performed.

There is another factor you may want to consider when contemplating this type of insurance. Wrap-ups increase the purchaser’s administrative tasks. In addition to taking the responsibility for purchasing the insurance, as named insured you must review and approve all program documents, attend quarterly stewardship meetings, meet with underwriters and review claims.

Despite these additional responsibilities, wrap-up programs can be a cost-effective way to insure against the risks and exposures that are inherent to your particular project. It also provides a tool for quality control by giving you the ability to coordinate the performance standards for all the subcontractors who will work for you.