Cape Cod Personal Injury Lawyer - Automobile Accidents - Most Commented

Managed Competition and Your Liability Coverage

Bruce Bierhans — Fri, 29 May 2009 11:08:00 GMT

With Managed Competition now here in Mass; and liability carrier commercials flooding the airwaves, I thought a little motor vehicle insurance primer was in order.

In this economy, I find that many injured clients have inadequate liability coverage to compensate them for their injuries. In Mass. your motor vehicle coverage is intended to protect your hard earned assets if you or a family member injures another person, and to compensate you if you are injured by a driver who has inadequate or minimal coverage.

Coverage designed to protect you and your family as a result of injuries caused to another is called "bodily injury (BI) to others", or "optional bodily injury to others". State law requires you to carry minimum coverage of $20,000/$40,000, but you should purchase additional coverage through the optional component of the policy of at least $100,000/$300,000 ($50,000/$100,000 and $250,000/$500,000 are also available). Also, you should obtain coverage for "bodily injury caused by an underinsured/uninsured auto (UM)" or optional coverage of the same name. A vehicle is underinsured if the value of your claim exceeds the amount of bodily injury coverage carried by the at-fault driver. For example, if there is $20,000 available per injured person, and your claim is worth $100,000, the at fault vehicle is underinsured by $80,000. This is where carrying adequate uninsured/underinsured coverage becomes crucial.

To be adequately protected in all events, everyone should carry BI coverage to others, as well as UM coverage for themselves of at least $100,000/$300,000. If you or a household member seriously injure another person and only possess minimum coverage, your personal assets could be attached to satisfy a judgment that exceeds policy limits. Conversely, if you are injured and possess minimum UM coverage, your recovery will be limited to the actual amount of coverage held, even if the value of the claim exceeds that coverage. In the above $100,ooo example, you would have been able to recover that $80,000 above the $20,000 from your own UM coverage. Without it, you would be limited to a recovery of $20,000 only.

The additional cost involved in purchasing this extra coverage is less than many people believe. Also, I routinely find that many people have never had a discussion with their insurance agents about these coverage issues. "My agent never told me" is a common refrain. Talk to your agent or attorney about these issues before you place your coverage. After the accident, it's too late!

Protect yourself and drive safely.

Bruce Bierhans

Originally posted at InjuryBoard by Bruce Bierhans

They're Here! /Cape Cod Auto Accidents

Bruce Bierhans — Sat, 04 Jul 2009 12:13:30 GMT

Yestertday, during the height of a July 4th Cape commute, some well intentioned soul(kidding!) going off Cape drove over the center line of the Sagamore bridge causing a multi car pile up. The bridge was closed for hours. The traffic coming on Cape was backed up for ten miles!

We that live on the Cape know that we take our lives in our hands as we travel on Cape roads at this time of year. We do love the tourists...of course. But; THEY are on vacation and are "entitled" to get where they want to go as quickly as possible. And...the children are entitled to get where they want as fast as possible, as evidenced by the wine bottle knocked over at a table next to me at a local restaurant as the adorable little tike ran to the restroom, carreening into a diners table.

Well; we do love them and need them; so all we can do is exercise caution and patience as we go about our daily business. Watch out for the speeding cars; the cars taking left hand turns in front of you; the cars fighting you for a parking space; and the flying umbrellas on the beach that are improperly anchored in the sand before they become life threatening weapons.

There is one plus here. I am the first Vice President of Outer Cape Health Services. This summer, in conjunction with Beth Israel Deaconess Medical Center, we launched Urgent Care services at out Provincetown and Wellfleet clinics. We anticipate being quite busy.

The summer is here. Take a deep breath, be careful and wear your seatbelt!

Originally posted at InjuryBoard by Bruce Bierhans

Cape Cod Car Accidents and the "IME"....NOT!

Bruce Bierhans — Fri, 03 Apr 2009 13:03:48 GMT

Do you know what IME stands for? How about "Independant Medical Exam". When it comes to car accidents and insurer requested IME's, falser words were never spoken.

If you have had a car accident, and are receiving No Fault PIP (Personal Injury Protection) benefits, your own carrier has a right to schedule an IME. This is because the carrier only has to pay for reasonable and necessary medical expenses. Beginning to get the picture yet? Your carrier schedules the IME and two weeks later you get a letter saying your carrier will no longer pay for your medical bills. But, you say; my doctor says I need three weeks of additional PT . Tough, your carrier says, our IME doc says you're fully recovered. Now, your lawyer has to not only fight against the carrier for the at fault operator on your bodily injury claim, but has to fight with your own carrier to get your medical bills paid.

How does this happen? Interestingly, the NY Times had a piece this week on IME docs doing workers compensation exams in New York. As one doc said" If you did a truly pure report, you'd be out on your ears and the insurers wouldn't pay for it. You have to give them what they want, or you're in Florida. THAT'S THE GAME BABY."

Another doc said, "basically, if you haven't murdered anyone and you have a medical license, you get certified. It's a nice way to semi-retire."

I could write a book about fraudulent IMEs I have seen in my practice in Massachusetts. For example, there is a well known IME doc on the South Shore that I prevailed against in a medical negligence case. The doc paralyzed my client during back surgery. He no longer sees patients, but does insurer IMEs all day long. I had a case recently where another well known IME doc said in a report that a herniated disc shown on an MRI was not really a herniation, but a mere sprain. This happens is cases every day. Most of these docs are retired and now do nothing but these "independant" exams for insurers. They get paid by the insurer. Think they're going to be "independant" and write a true and accurate report??? If you do, I have some PAVE PAWS land you might want to buy for development purposes.

This is another reason why it is so important to have competent and experienced counsel when you have been injured. We know who the scam docs are. We have another word for them. Suffice it to say it rhymes with "bore". We know how to protect you when you go to an IME. We know how to fight the carrier when an IME is written that is nonsense. We almost always have your own physician on our side because it is your doc that knows what you need; not an IME guy that examined you for 5 minutes and then cranked out a 15 page canned report. Plus, of course, the carrier is attempting to avoid paying your physician for their legitimate services.

Stay away from the lawyers on TV. They're just marketers and all they do is send you to another attorney. Make sure your lawyer is experienced, knows his or her way around a courtroom, and will fight for your rights when the "well intentioned" insurance companies try to deprive you of those rights.

Bruce Bierhans

Originally posted at InjuryBoard by Bruce Bierhans

MA Insurance Board of Appeal to be Dissolved

Carrie Strasser — Mon, 02 Mar 2009 12:51:15 GMT

On April 1, the Division of Insurance Board of Appeal, that hears approximately 50,000 motor vehicle insurance surcharge cases annually, will be dissolved reported the Boston Globe. The decision, said insurance commissioner Nonnie Burnes, came about after last year's implementation of a "managed competition" system that allows drivers dissatisfied with their insurance bills to switch carriers.

If insurance companies determine that a driver is more than 50% at fault in an auto accident, they can increase premiums by levying surcharges. These penalties can cost drivers hundreds of dollars annually and last for up to six years. Approximately 25,000 of the 50,000 appealed cases each year are overturned by the board and the drivers are reimbursed.

State lawmakers are in the process of signing a bill that would require the Board of Appeal to remain in effect.

The "managed competition" system was designed to aid consumers by increasing competition among insurance companies to offer better prices, services and features. However, this new system also called for the dissolution of the Appeals Board.

"Consumers should have an independent board to challenge a decision that could result in hundreds of dollars a year in higher premiums," said Deirdre Cummings, legislative director for the Massachusetts Public Interest Research Group, an advocacy organization. "This is a straight-up consumer protection."

Burnes disagrees saying the appeals board is not consumer friendly because it costs $50 for a hearing and can take up to 6 months for a driver's case to be heard. But, compared to a misapplied surcharge that could cost a driver hundreds of dollars over many years, $50 and 6 months seems like a small price to pay.

However, Burnes believes that some insurance companies' new "accident forgiveness" policy will allow drivers who feel that they have been improperly charged to drop their insurance carrier for one that will be more accident friendly.

Frank Mancini, president of the Massachusetts Association of Insurance Agents, which supports keeping the board, said the savings offered by accident forgiveness programs won't help all motorists because switching insurers won't necessarily lower a driver's bill.

"The accident follows you," said Mancini. "It doesn't go away if you move to another insurer."

Burnes has proposed a system whereby the insurance company would review a driver's claim of an improper surcharge. However, Mancini does not believe this would work since companies often review claims but end up not changing their original decision.

Being involved in an auto accident is stressful and costly enough without having to worry about a steep rise in your insurance premiums from an accident that might not have been your fault. For information on dealing with your insurance after an auto accident, click here. Our firm handles a wide variety of auto accident cases and is ready to assist you with your claim.

Originally posted at InjuryBoard by Carrie Strasser

Facing tough economic times, NH reconsiders seat belt law

Carrie Strasser — Fri, 06 Feb 2009 16:29:16 GMT

New Hampshire is the only state in the country that does not have a seat belt law, says the Eagle-Tribune in an article on Thursday. On Tuesday, the House Transportation Committee considered a potential seat belt law that would allow NH to qualify for federal dollars.

There are two different types of seat belt laws: primary enforcement and secondary enforcement. Primary enforcement laws allow police officers to pull over a driver primarily because that driver was not wearing a seat belt. Massachusetts and Rhode Island, for example, have secondary enforcement laws, which allow officers to ticket drivers not wearing seat belts only if they have been pulled over for another infraction.

If the NH legislature passes a primary enforcement law, the federal government could give out as much as $3.6 million. This money could be used for Department of Transportation projects and for advertisements and education about the law.

The law could also provide NH with money-saving benefits in the future.

In the first year of a primary law, New Hampshire could save $400,000, residents could save $1.2 million and insurance companies doing business in the state could save about $5.1 million due to the decrease in injuries in car crashes, according to a March 2008 National Highway Transportation Safety Administration report.

"It costs us hundreds and hundreds of thousands of thousands of dollars to take care of people hurt in car accidents," said Rep. Robert Williams, D-Concord, chairman of the House Transportation Committee.

The new law would also increase the amount of drivers that actually wear seat belts in NH. According to a 2008 state survey, only 69% of NH drivers wear seat belts compared with the national average of 83%.

For information on car safety and accident prevention, as well as information on seat belt laws, click here.

Originally posted at InjuryBoard by Carrie Strasser

Cape Cod Winter Driving: Be Protected and Know Your UM Coverage

Bruce Bierhans — Wed, 21 Jan 2009 16:58:57 GMT

You're on your way to the Cape Cod Mall. You're stopped at a red light and are rear ended by a bubble gum chewing 19 year old talking on her cell phone and putting on mascara looking in her rear view mirror. She's driving a 5 year old VW Jetta with $20,000/$40,000 in bodily injury coverage, the minimum mandatory coverage under our Massachusetts No-Fault law.

On the other hand, you end up with a herniated disc at L3-4 and a fractured tibia. You are a salesman, and are out of work for two months. You have no disability coverage. You may need back surgery, but may also experience lower back pain indefinately. Your no-fault pain and suffering claim is estimated to be worth around $200,000. However, the at fault glamour girl only has that 20k in coverage for your injuries. WHAT DO YOU DO?

Well; you had better hope that your insurance agent had you purchase sufficient Uninsured/Underinsurance (UM) coverage. I can't tell you how many times injured folks come in to my office with a similar story and also have the mandatory minimum of 20k in UM coverage. "I thought it was an easy way to save a few dollars" many say.

However, your UM coverage is what protects you when you are injured by an at fault operator that does not have sufficient bodily injury coverage to compensate you for your injuries. In the above scenario, if you had 100k in UM coverage, you would be able to recover 20k from the other driver, and 80k (up to your 100k in coverage) from your own carrier. If the carrier and your lawyer cannot agree on your case value, it goes to binding arbitration. If you had $250k in UM coverage, you could potentially recover up to 230k above the 20k possessed by the at fault operator; again, up to the limits of your UM coverage. Importantly, if you only have the mandatory minimum of 20k in UM coverage, your recovery is capped at 20k, regardless of your injuries.

Many people tell me they don't discuss the amount of coverage they have on their vehicles with their insurance adjuster. Many say they don't even know what UM coverage is. Well...you don't want to find out after you've been injured in a car accident. Talk to your agent and make sure you are protected.

I'll be happy to answer any questions that readers may have regarding their no fault auto insurance coverage.

Originally posted at InjuryBoard by Bruce Bierhans

Cape Cod Motor Vehicle Accidents Continue

Bruce Bierhans — Thu, 04 Sep 2008 14:17:53 GMT

Unfortunately, the annual Labor Day tourist exodus did not bring a halt to Cape Cod motor vehicle accidents.

The Cape Cod Times reported today that a three vehicle accident occurred yesterday afternoon in Eastham on Rte.6. According to reports, one vehicle failed to stay in marked lanes, resulting in the three vehicle collision. Of the five injured, two were from Warrensburg, NY and three were local residents.

As always; even after Labor Day, caution and diligent observation for the "other guy" on Cape roads is essential.

Originally posted at InjuryBoard by Bruce Bierhans

Left Hand Turns

Bruce Bierhans — Mon, 23 Jun 2008 14:41:46 GMT

AHHH...Cape Cod in the summer. Beaches, fried seafood, sun and surf ...and NO left hand turns!

I was at a cocktail party over the weekend for a local charity in which I'm involved. One of the speakers joked that he was recently asked what we do in the winter on the Cape. He replied that "we make left hand turns!".

Unfortunately, summer left hand turns on the Cape invariably result in car accidents and personal injury. In the event that you, or someone you know is in a Cape summer accident, we suggest that you contact competent counsel as soon as possible to protect your rights and the rights of any other injured parties. Usually, prompt investigation and the securing of all available evidence assists us in protecting your rights to the fullest extent possible.

Originally posted at InjuryBoard by Bruce Bierhans

Just When You Think Your Child is Safe...

Bruce Bierhans — Wed, 18 Jun 2008 15:50:00 GMT

As a parent, wouldn't you think your child was safe if he or she attended an overnight graduation related event on school grounds? Of course, you would have every right to believe that such an event would be attended by school authorized chaperones...wouldn't you? Well, you might be wrong.

Our office recently took on a case in which our clients 17 year old daughter sustained very serious personal injury the morning after such an event occurred. She was struck by a motor vehicle that had driven onto the lawn near the graduation tent at Harwich High School. Apparently, this occurred in the context of a juniors on seniors prank. She sustained multiple breaks to her leg which are potentially career threatening because of her activities in competitive Dressage.

It turns out that although the event was on the school grounds and the school committee and Harwich PD knew it was going to occur, it was unchaperoned. This, despite the fact that a graduation dinner event for seniors a few nights earlier, had multiple chaperones at the dinner. And...that dinner was not on school grounds!

If you're shaking your head and asking WHY; you're not the only ones. Harwich town officials need to take a long and hard look at this one and we intend to request that they do so.

Originally posted at InjuryBoard by Bruce Bierhans

Car Accidents and Solicitation

Bruce Bierhans — Wed, 07 May 2008 15:18:09 GMT

You would think the summer was already here. Every day, The Log in the Cape Cod Times lists three or four serious local car accidents involving everything from drunk drivers and cars crashing into homes. Unfortunately, fatalities and serious injuries from car accidents has become a seasonal Cape Cod occurence.

When these newspaper articles go into the newspaper, something else happens. Lawyers that wouldn't know the inside of a courtroom if they fell into it, send letters out to accident victims soliciting their business. While this may be legal (if done properly and the letter does not take advantage of an individual not capable of making an informed decision), it is certainly offensive. Most responsible attorneys would not even consider engaging in such behavior. Many of the attorneys that send out these letters are merely "marketers" that send the cases to other "real" attorneys on referral.

Our office has "real" attorneys that actually handle our clients' cases and personally respond to their telephone calls and emails. When and if cases don't settle, we will go to trial if that is what's in the best interest of our client.

Don't be fooled by the lawyer "direct mail solicitors". When you require representation, retain a firm that will give you and your case the personal attention that you deserve.

Originally posted at InjuryBoard by Bruce Bierhans