Ask MetaFilter questions tagged with insurance and law

Will there be a single bright light in the middle of the room?

anastasiav — Mon, 21 Dec 2009 10:22:39 -0800

I was in a serious auto accident in October of 2009. I do have an attorney. We've filed suit to settle the case, and my deposition is this afternoon. As the time grows closer, I'm getting more and more anxious about this. What should I expect? The settlement value of this case is very high, because my injuries were serious and my medical bills were high. The other driver's insurance has (I assume) accepted his responsibility because they already paid the loss on the vehicle (scooter vs car - I was the scooter). Yet I suspect (because I distrust insurance companies, and because of some other things that have happened in the case) that they're going to try and play hardball and perhaps insinuate that I somehow caused the crash (I did not). I do have a prep session with my attorney one hour before the deposition, but I'm losing my mind waiting until then.

Have you been through this? What should I expect?

Bus bent my bike; am I stuck with the damage?

Anonymous — Mon, 30 Nov 2009 09:18:18 -0800

Locked my bike to a post, and a bus sideswiped my bike. Am I stuck with the damage? I stupidly locked my bike to a garbage can near a bus stop. A bus driver trying to squeeze past a left-turning car clipped my bike and pretzeled my wheel.

The damage is probably about $300 (unless the frame is bent in which case it's $1500). I don't have insurance. I do have photos of the scene of the collision, and two witnesses. I've made a report to the Toronto Transit Commission, and in three weeks I'll know what their claims department thinks of it.

Has anyone else tried to claim property damage from a Canadian transit system? What should I expect? If their claims department says no, what should I do?

Any not-legal-advice would be much appreciated

Liability for fire in the kitchen

Anonymous — Tue, 20 Oct 2009 06:18:09 -0800

Less than a year ago, my SO left a pan on the stove and the rental house burned. Now, the owner's insurance company wants her to pay. The renter's insurance (same company as owner's insurance company) lapsed less than a week before the fire through a mix-up/misunderstanding. I'm thinking that isn't a significant point since that policy only have covered SO's personal contents, right?

Insurance company has made two offers ($10,000 at first; now $5,000) for SO to pay them part of the money paid to the owner. If SO does not accept within 30 days, the subrogation unit will refer it to the legal department to recover the full amount ($68,000).

I know you are not SO's lawyer, but what is a reasonable expectation for the end result? Does SO's carelessness necessarily mean negligence? Only a court can determine that?

SO does not have the money to hire a lawyer, but has a consultation appointment this week. What suggestions do you have? How should SO proceed?

This is definitely not the first time this has happened, hive mind, but it is SO's first (and hopefully last) time and SO is shocked and scared.

Am I Liable for this Accident?

Anonymous — Thu, 23 Apr 2009 21:36:15 -0800

Liability filter: I was involved in accident and need to know if I will be held liable. I was sitting in a taxi in heavy traffic, but was very close to my destination. I told the driver I would just get out then and there. He said ok. I paid him, then opened the door and WHAM a bicyclist went flying through the air. He may have broken an arm, possibly dislocated a shoulder, and his bike was damaged. But he was conscious, and I don't think he'll require surgery. I saw no blood. An ambulance came. I gave his brother, who was riding with him, $80 for the ambulance, as well as my drivers license number and phone number. I want to help, but I also want to know where I stand: if I am liable, if I can have a claim filed against me, if I can be sued, etc. Presumably the cab company might be liable instead of me? I don't have insurance.

Should I report an accident to my insurance company even if there was no harm done?

tipthepizzaguy — Fri, 03 Oct 2008 20:03:40 -0800

A little kid ran in front of my car in a parking lot and I hit him. He was not hurt and there was no damage to my car. The boy's mother apologized and told me everything was okay. We did not exchange any information. After I drove away she called the police and filed a bogus report. What to do? Thankfully there was a witness and his report to the police matches mine. I don't believe I'll be in any legal trouble. The officer I spoke to said the woman and her story were both "a little off."

What I am worried about is my insurance. Should I report this incident to my insurance company? Should I file a claim even though there was no damage? Is there anything else I need to do to cover my ass in case she sues or files her own insurance claim?

How long can I drive a car before turning it over to the insurance company?

tss — Tue, 15 Jan 2008 12:07:15 -0800

Someone hit my car. Their insurance company wants to total it. How long can I drive it before they take it away? I hope you'll bear with me. This will take some explaining:

Here in Pennsylvania, my '97 Nissan Sentra was fender-bent by a nice person who left a note under my wipers. As an older vehicle, the Nissan's repair costs are higher than its value... by a little bit. I had the car checked and it's mechanically sound, safe, and even capable of passing an ordinary PA state inspection. However, the insurance company wants to declare it a total loss and take it off my hands.

I could buy it back from the insurance company after they pay me for it, but then the car would be considered a "reconstructed vehicle". Here in PA that means a special, expensive, rigorous inspection designed to keep hucksters from selling totaled lemons to grannies. Passing that one could be hard for any ten year old car, I gather.

On the phone with the insurance company I've noticed that the representatives have been, well, coy about putting a date on when I have to decide what to do with my vehicle. I've been warned that waiting too long and building up mileage on the car will lower its value and hence diminish the eventual insurance payout. Which brought the question:

Me: So, ah, hypothetically speaking, what happens if I drive it around for, say, two years and then make up my mind?

Rep: I don't like to deal in hypotheticals...

She went on to say that the claim would be closed and reopened, and then repeated her warning about the car's value dropping with more mileage. But she didn't fit a deadline. Does this mean that, basically, I can drive my car around until I was planning to get rid of it anyway, and assuming I don't have an accident, the insurance company is obliged to buy it when I'm done with it for what it would be worth without the big dent? Here are the questions I need help with:

First, see question above. Then, assuming the answer is yes,

Is it ethical? Some thoughts about who's involved: the insurance company would be paying me anyway---now they can hold onto the money longer and invest it, then pay me less money in the end. The company might also choose not to raise the rates of the at-fault party until the payment---good for the at-fault party now, but perhaps an unexpected surprise later on. I'm owed money for my loss, but if my plans haven't really changed, how much of a loss is it? (Trade-in value, I suppose...)

Is it legal? This I can't answer... perhaps there's a statute of limitations? But the claim is already filed... it's just on hold. (YANAL, I know...)

Blood Test: Legal in Canada?

five fresh fish — Thu, 10 Jan 2008 22:26:59 -0800

In Canada is it legal to require a blood test for (A) employment; (B) group insurance eligibility? And for that matter, is the group insurer allowed to ask all those questions about my health history? Pisses me off that they'll probably exclude me from the plan because I'm on anti-depressants.

How to advocate for and aid a desperately ill, uninsured man in California?

Scram — Thu, 03 Jan 2008 15:36:17 -0800

How to advocate for and aid a desperately ill, uninsured man in California? Posting this for a friend:

His older brother is in his mid 40s, single, lives with their father. He has no insurance, and has previously been in good health. On 12/23 he began complaining of flu symptoms. On 12/26, after two days of Nyquil and Theraflu, he claimed to feel better. But the next day, 12/27, he was found in bed in soiled sheets. He was carried into the ER in Alhambra, CA, where he was found to have liver and kidney failure. He was immediately put on life support, and is now on a respirator as well.

The ill man has $30,000 in his checking account (his bill is already more than that). No one can access these funds, and the hospital is eager to receive some payment ASAP. His relatives need to obtain power of attorney, to access his funds and to be able to make decisions about his care. There is no will and no former spouse.

His brother is in the process of getting him on Medi-Cal retroactively. What else can he do, who else can he call, to help his brother in this crisis?

Please advise. We will pass any suggestions along to our friend immediately.

Tell me about this legal letter required for freelancer's insurance

johnasdf — Fri, 15 Sep 2006 07:45:18 -0800

A friend has asked me to write a letter as her lawyer so she can get health insurance from Mediabistro. Does anyone know anything about this? She's a freelancer and needs a letter from a lawyer stating that she really is a freelancer. She is planning on showing me her check stubs and the contracts I've gotten since she started freelancing, upon which I could certify that nobody is withholding taxes from her or paying her on payroll.

This is what the insurance company told her: "The note from the accountant or lawyer should say something like, 'to whom it may concern, [freelancer's name] became a full-time freelancer effective xx/xx/xx and going fwd from that point, the majority of her income is untaxed. She will file a Schedule C for 2006.' – Something along those lines, but there is no official wording, just explain how you are a full-time freelancer."

(1) Can someone tell me more about this type of letter? Is this unusual?

(2) Is there any way I could be subject to liability or vulnerable to malpractice as a result of it? For example, for not having been diligent in totally examiner her files, etc.? Is there some standard for examination?

Thanks.

is legal insurance a good idea or is it not worth the money?

krautland — Fri, 18 Aug 2006 14:21:17 -0800

is legal insurance a good idea or is it not worth the money? this is a question about legal insurance plans. you might have seen them around, aragdirect.com offers what they call comprehensive coverage, so does hyatt legal plans and a few others. but are they worth the $400 annually (or $35 per month)?

let's face it, we do live in a litigation happy country. I myself would be happy to retain council every time I felt wronged (I am especially thinking of all the cable and phone companies in this world) but retaining council involves considerable cost and effort, which is why I never do. I feel it's only a matter of time until someone swipes my photos off flickr or sues me because of something in my blog and I would like to be prepared to respond without having to come up with ten grand out of nowhere in no time. having just dealt with id-theft myself, the idea of having someone on standby is even more intriguing. but do these plans work or are they another empty promise?

i will, now, drive 55

luriete — Tue, 11 Jul 2006 09:31:59 -0800

I got an extremely expensive traffic ticket (my first! and $632!) for doing 97 in a 75 on a lonely stretch of road outside of Lovelock, Nevada. I paid the ticket, and asked the court (and the ticketing officer, at that point) about traffic school; they both said that the points wouldn't transfer to California or go on my record, but as far as traffic school to lower insurance went, it was between me and my insurance company, and they'd get in touch with me. However, can't I do something pre-emptively to keep this from going on my insurance record? Or am I screwed? I paid the fine in mid-June, just before it was due (took a little while to save the money); the ticket was issued in mid-May.

Contributory Negligence in a hit-and-run

SweetJesus — Tue, 18 Apr 2006 20:30:40 -0800

I was involved in an hit and run accident as a pedestrian a little over a year ago, and I've got some questions about contributory negligence. Short story: Myself and three other friends were crossing a lit street at midnight on New Years Eve's a year and 1/2 half ago, and two of us were hit by a car. The driver came around a corner, went between the two of us (I was struck by the front end, my friend by the rear, on opposite sides) and then went around the other corner. Police never found the guy, and now I'm the process of settling with my insurance company under my uninsured motorist coverage.

So now we've gone through this long dance, and they've come back with a figure, that's to me, unacceptable. They're attempting to claim that I might have been contributory negligent in the accident due, judging from a BAL slightly above the legal limit. That really doesn't concern me so much, because there's no law against being drunk and crossing the street. My question is what does an insurance company need to prove with respect to contributory negligence? Would they need to produce witnesses to testify to the fact that I did something to contribute to the accident? Does the fact that a felony hit-and-run took place (I sustained "serious bodily injury" with a broken jaw, hip and facial lacerations; my friend lost three of his front teeth and got a neat scar) change anything with regards to negligence? What is the burden of proof? Does the rule of Res ipsa loquitur come into play? The fact that the hit and run driver hit two people at once? Also, my friend has seteled with his insurance company and nothing about contributory negligence came up.

Is there anything I should know, or is there anything advice that anyone can give me about this? I'm naturally suspicious of insurance companies, and like to know what they would have to do in-order to prove my contributory negligence.

Do I want "limited tort" or "full tort" auto insurance?

em — Mon, 11 Jul 2005 22:15:25 -0800

Do I want "limited tort" or "full tort" auto insurance? Since the "limited tort" option is apparently of somewhat recent vintage, and only exists in some areas (I'm in New Jersey), maybe I should explain what it is, for the curious: the idea is that by electing "limited tort" I waive my right to sue a negligent driver for pain and suffering, although I can still sue for medical expenses. In exchange for this I get a reduction in my insurance premium. (I don't know how this works on the back end -- I suppose the insurance companies must be paying one another, or maybe paying the government, based on how many "limited tort" policies they are carrying.)

The choice makes a big difference in my insurance quote -- e.g., with GEICO, choosing "limited tort" changes the premium from around $1000 to around $600 per six months. I'm finding it hard to estimate in any intelligent way how much additional risk I would be taking on. I also haven't managed to get information or advice on the subject that isn't obviously biased; as far as I can see, Google just brings up a bunch of trial lawyers, all of whom take a predictably dim view of the "limited tort" option.

In case it matters, I'm 28 and this is my first car.

Can I recover damages after a power surge?

monkeystronghold — Mon, 03 Jan 2005 13:16:59 -0800

power surge damage: last night something went wacko on my neighborhood power grid, and stuff started popping and blowing up and burning (in 6-8 other houses as well). We shut off all of the breakers as quick as we could, but when we woke up this morning lots of stuff was destroyed. Will anyone pay for the damage? [MI] It's a rental duplex. The other tenant and nearby neighbors have damage as well. I have no renters insurance (because I am a buffoon). Should the electric company pay for it? My landlord? Me? Is it even worth talking to anyone?