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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

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

Fatal Train Crash Caused by Human Error

Jenny Albano — Wed, 19 Mar 2008 22:22:44 GMT

A crash that occurred last year was found to be caused by human error and failure to follow safety procedures by the National Transportation Safety Board. The collision of a commuter train and a maintenance truck took the lives of two track workers in Woburn.

The crash occurred on Jan. 9, 2007, when the engineer of southbound Massachusetts Bay Transit Authority Train 322 received a clear signal as he passed a curve in the tracks at 62 miles per hour, officials said. When the engineer saw the track maintenance vehicle, officials said, he slammed on the breaks and hit the truck at 44 miles per hour, killing James Zipps, the track engineer, and maintenance worker Christopher Macaulay. Maintenance workers John Hickey and Edwin Olson were seriously injured.

Investigators found that the train dispatcher failed to provide proper signaling because he had removed the block on the track segment where the crew was working, which means that it is clear for the train to enter the tracks. They also found that the track foreman did not apply a shunting device to the tracks, which would have kept the signals red regardless of the dispatcher's actions. In addition to this, investigators found that the track engineer that died in the collision tested positive for marijuana.

The report from the investigation recommended that all railroads check their train-dispensing systems to make sure they are safe and should add signal protection to stop similar train accidents from occurring. The NTSB also wants to broaden requirements for employee drug testing and promote prevention of alcohol and drugs.

Originally posted at InjuryBoard by Jenny Albano

Massachusetts Firefighters Respond to Rollover Car Accident

Chrissie Cole — Thu, 13 Sep 2007 22:05:55 GMT

Massachusetts Firefighters, in Newton, responded to a horrible rollover car accident on Route 9 in the Chestnut Hill section of Newton on Wednesday.

The assistant Fire Chief arrived on the scene and reported a two vehicle accident with a rollover. One car was traveling on either side of Route 9. A Volkswagen crashed with an SUV while traveling west on Route 9. The impact of the crash sent the Volkswagen airborne over an 8 foot high median fence before landing on the east side of the road.

Both occupants were trapped in the vehicle and Firefighters had to employ use of hydraulic extrication equipment to release them. The driver was trapped under the dashboard and it took rescue workers more than 15 minutes to rescue him.

The occupants were transported to Beth Israel Hospital with serious injuries. The accident is being investigated by the Massachusetts State Police Crash Analysis and Reconstruction Unit.

Originally posted at InjuryBoard by Chrissie Cole

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

Teenage Boy Killed in Somerset Crash

Jenny Albano — Sun, 10 Feb 2008 18:44:33 GMT

An 18 year-old from Fall River was killed in a car accident on Saturday, February 9. Corey Leite was driving the car when he hit a tree and utility pole and was pronounced dead at Charlton Memorial Hospital at 10:39 P.M.

One passenger in the 1983 Ford Mustang suffered minor injury, while two others were unhurt in the crash shortly after 10 p.m. The Mustang crashed through the fence of a residence and crossed the lawn, before striking the tree and pole on Durfee Court.

Police were told by witnesses that another vehicle may have been involved in the crash; a blue, older model Mitsubishi Eclipse. The witnesses stated that the Eclipse cut off the Mustang, then after the crash the Eclipse stopped, returned to the scene, and then left the area.

Police sent out a broadcast to all patrol cars to look for the blue Eclipse, which was last seen traveling north on Riverside Avenue. So far, the car has not been located.

The car accident is being investigated by Officer Keith Wilkinson and with a state police accident reconstruction team.

Originally posted at InjuryBoard by Jenny Albano

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

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

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

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