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Hulk Hogan Sues His Lawyers: What consumers need to know about car insurance

Ben Glass — Fri, 18 Sep 2009 20:44:03 GMT

Terry Bollea's (aka "Hulk Hogan") recent lawsuit against his former lawyers at Zuckerman Spaeder, has several very important teaching points for consumers.

Here's the short version of the story. Hogan's son, Nick, was involved in a very serious car crash when he was 17. In fact, his passenger was permanently injured. The Hogan family had car insurance with Progressive Insurance Company. Progressive carried $250,000 of coverage (way too low!!).

According to the a lawsuit that has recently been filed in Florida, after the accident, Hogan did not notify Progressive of the case. Instead, the family hired the Zuckerman Spaeder firm to represent young Nick in any civil claim and any criminal claim that might arise from the accident. The family agreed to pay an astonishing $550 per hour and began to deposit large amounts of money with the law firm, which worked the case to the (ultimate tune of) about $1,500,000 in fees and costs.

Now Hogan is suing is son's former firm alleging, essentially this: you never told me that Progressive would have provided me a defense that would have cost me nothing.

Teaching point #1: yes, that's true...if you cause an accident your car insurance company will pay for your defense.

Teaching point #2: if you cause an auto accident call your insurance company and report it.

What kid graduating from high school in America today doesn't know that??

This will be an interesting case because if the allegations are true these lawyers could be in a heap of trouble.

Originally posted at InjuryBoard by Ben Glass

GEICO hit for $400,000 in Underinsured Motorist Case

Ben Glass — Tue, 14 Aug 2007 16:43:58 GMT

This case shows why you should be checking your own car insurance policy right now.

This local accident victim suffered what a jury determined to be $400,000 of injuries. The driver who hit him only had $50,000 of insurance (and, in Virginia, its perfectly legal to drive without car insurance.) Fortunately he had been smart enough (or just plain lucky) to have purchased a USAA policy with $300,000 of underinsured motorist coverage for himself (to protect he and his family from financial catastrophe following and accident just like this!)

As a result of the accident, the driver suffered lower back injury that aggravated his preexisting spondylolisthesis and forced him to endure a laminectomy and fusion.

GEICO had offered only $15,000 during the court-ordered settlement conference, but had increased their offer to $50,000 before trial. The jury returned a verdict of $400,000.

For more information on this subject matter, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ben Glass

Payee Notification--Why Do Some Oppose this Simple Measure

Ben Glass — Thu, 02 Jul 2009 06:30:09 GMT

Unfortunately, every so often a lawyer who is hell bent on stealing client settlement funds comes along. It's not often but its devastating to clients.

Here's how it typically works. The lawyer represents a client and, without the client's permission or knowledge, settles the car accident case with the insurance company. The insurance company issues a check, payable to lawyer and to client and mails it to lawyer.

Lawyer forges clients name and cashes check. Lawyer (until ultimately discovered) tells client "your case is not settled."

By and large, courts give no relief to the defrauded client. These lawyers end up in jail--thei insurance policies typically don't cover fraud--and judges tell clients who try to "undo" the settelments--"tough luck," the insurance company didn't do anything wrong.

There is a simple law that would virtually prevent this type of fraud from happening and its called payee notification. It would require the insurance company, when mailing a check to the lawyer, to also mail a notice to the accident victim to "notify" the victim that the check has been mailed.

What could possibly be bad about this rule? Nothing that I can think of. Yet some lawyers oppose it, mainly because "plaintiff's lawyers are singled out" and, I guess, this hurts their feelings.

This debate over payee notification is raging in Virginia. The public ought to be aware of the debate and join in the conversation.

Here's what one recetly defrauded victim said about the whole issue, speaking specifically about attorney-now felon, Stephen Conrad:

Conrad represented us, too. He stole $50K from us. Conrad did the same thing to everbody-no return phone calls, no paperwork, didn’t tell us he settled our case (for 2 yrs.),forged my husband’s name on both check and the release & even forged the witness names. Went to his sentencing on 11/14/2008. The bum wasn’t even remorseful. In court he said he was sorry for the shame and embarrassment he caused his wife and kids. A very selfish, greedy man. Hope the bum gets his up the “bum.” Disgusted, too, with the VA State Bar’s Victim’s Protection. What a joke! All the victim’s will get a BIG $.06 on the dollar Conrad stole. The Bar won’t pass legislation that will allow ins. companies to notify clients that their case is going to settle either. What does that tell everybody! There must be quite a few more crooks in the legal system. Seems they make laws to protect themselves. We’ll think twice before hiring a lawyer again.

What do you think?

Originally posted at InjuryBoard by Ben Glass

Which insurance pays in a Virginia car accident

Ben Glass — Fri, 12 Dec 2008 19:29:00 GMT

Talked to a couple of folks this week and discovered that there is still a great misperception about which insurance companies to send the bills to after an accident. Here's my thoughts.

the defendant's insurance company--the guy who hit you--may take care of your property damage promptly, but if they don't, contact your own insurance company
the defendant's insurance company is not going to pay your medical bills piecemeal..they aren't going to pay now..they are only going to pay at the end of the case
submit your bills to your own health insurance company
submit your bills to your own car insurance company

One couple had not bought medical payments on their car policy. This is being penny- wise and pound -- foolish.

Another had only bought the minimum auto coverage ($25,000). This is a real risk. If the guy who hit you has no insurance (perfectly legal in Virginia) you are likely to not get a full recovery unless you have bought plenty of insurance for yourself.

Originally posted at InjuryBoard by Ben Glass

ZigZag Lines in Loudoun County to Reduce Accidents

Ben Glass — Fri, 12 Jun 2009 00:06:00 GMT

No, your eyes are not playing tricks on you – the road really does have zigzag lines painted on it. Loudon County drivers may come across wiggly white lines on both sides of the road. So what exactly is going on here?

The zigzag lines are part of an experiment in the rapidly growing county that hopes to see the chances of accidents and personal injuries be reduced. The purpose of the experiment is to slow motorists approaching busy crosswalks and bicycle crossings in hopes of increasing pedestrian safety.

The oddly striped lines, whose purpose is to cause drivers to slow or brake reflexively, stretch 500 feet in each direction of the crossing. The lines were painted by the Virginia Department of Transportation (VDOT) near spots where well-traversed hiking and biking trails cross roads with heavy and/or fast-moving traffic.

The “lightning bolt” lines have seen mixed reviews so far. Critics have said that the lines only seem to confuse drivers, who are uncertain of what to do. They also say that the lines may not be enough to change habits drivers have already developed.

However, some cyclists and motorists have praised the lines and believe they will slow drivers and make them pay more attention. Speed meters have also been installed at these crosswalks by VDOT in order to monitor motorist speed, which should help prove or disprove the lines’ effectiveness.

According to Virginiadot.org, the lines will be a cost effective alternative for the improvement of safety in areas trying to cope with a rapid transition from a rural county to an outer suburb of Washington, D.C. If the experiment is successful, drivers should expect to see more zigzag markings throughout the area.

The idea originated with city planners in Europe and Australia, who have utilized zigzag lines to effectively adjust traffic patterns.

The experiment in Loudoun is expected to run for about a year.

Originally posted at InjuryBoard by Ben Glass

Motorcycle death and injury statistics

Ben Glass — Sat, 07 Jul 2007 06:29:39 GMT

According to the national Highway traffic safety administration in 2005 the average age of motorcycle riders killed in accidents has risen in the past 10 years. While riders 50 years and older accounted for the steepest climb in motorcycle fatalities in 2005 there have been large increases in crash deaths of riders age 40 and older.

The predictions for 2006 are that deaths from motorcycle accidents will rise for the ninth straight years. The national Highway traffic safety administration predicts that there will be nearly 5000 deaths when all of the statistics are in for 2006.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ben Glass

More car accidents on Election Day than any other day in the US

Ben Glass — Tue, 04 Nov 2008 00:29:00 GMT

Researchers say that who to vote for shouldn’t be your only concern on Election Day on November 4.

According to a new study, there is an 18 percent higher likelihood of vehicular accidents and fatalities on presidential election days in the United States than any other day.

The study, which was published in the October issue of the Journal of the American Medical Association, was co-authored by researchers at the University of Toronto in Canada and California’s Stanford University.

The researchers analyzed national data from 1976, when Jimmy Carter was elected, to 2004, when George W. Bush was elected to his second term. The analysis showed that during polling hours across the U.S., there was an 18 percent increase in vehicle crashes and related fatalities.

The study surmised that approximately 24 more people died from the personal injuries they sustained in crashes on election days than other days researched by examiners, exceeding even Super Bowl Sundays.

One theory put forth by the study is that voters may be taking unfamiliar routes to polling places while rushing to arrive before the polls close.

According to Loudon County Sheriff’s Department spokesman Kraig Troxell, law enforcement regularly monitors polling areas on election days, but there is generally no call for other increased presence. Fairfax County Police Officer Don Gotthardt also said no extra measures are put in place in Fairfax County. The Virginia Department of Motor Vehicles reported that there was only one traffic fatality in the state during the last two presidential elections. That crash took place on Nov. 2, 2004.

The study urges that on Election Day, voters use their seatbelts and minimize distractions.

Originally posted at InjuryBoard by Ben Glass

Virginia drivers beware: New law places hefty fines on bad drivers

Ben Glass — Wed, 27 Jun 2007 08:58:28 GMT

You'll want to think twice about speeding. A new Virginia law places hefty fines on bad drivers. On top of criminal fines and court costs, those who break the law will also have to pay civil fines of $300 to $1,000. (Note that these new fines only apply to Virginia citizens. So if you are from another state and get caught speeding, you only get the 'regular fines.")

Blowing through a stop light, passing a school bus while it's stopped, and driving over 80 miles per hour on any road are all against the law. Starting Sunday you'll pay dearly for doing so. They're called abuser fees. They were included in the legislature's transportation bill to raise money for new roads and rail.

Right now if you fail to turn without giving a signal, a judge can fine you up to $2,500, with a $50 court cost. The abuser fees for that crime are three payments of $350. That $1,050 does not include a criminal fine.

There's lots of people making list of the Virginia legislators who voted for this one. Apparently, it is one of those new laws that snuck through the Virginia General Assembly while folks weren't paying attention. (Then again, the bad drivers of Virginia don't have a strong lobbying group."

And, there's a huge problem for "problem drivers, " according to a press release

The new law also has strict punishments for repeat problem drivers. People who have driving records with eight or more demerit points will be charged an additional $100 upon a new conviction, plus $75 for each demerit point in addition to eight. The fees based on demerit points will not exceed $700 and the $75 per point fee only applies to demerit points earned after July 1.

Attorney Dave Albo (one of architects of the plan to assess the fees, which will eventually raise $65 million a year for transportation projects) is both a Virginia Delegate and an attorney who will represent people charged with driving offenses. Here's a very interesting blog dedicated to Mr. Albo. He was quoted as saying:

"I've had people from all around the state calling and yelling at me."

Originally posted at InjuryBoard by Ben Glass

10 Year Old Girl Died from a Hit-and-Run Accident

Ben Glass — Mon, 22 Dec 2008 11:57:00 GMT

A 14-hour manhunt ended on August 22 when a man from Fairfax County surrendered to Maryland State Police and was charged in a hit-and-run accident in which a 10-year-old Montgomery County girl died from the personal injuries she sustained.

Shortly before midnight on August 21, 32-year-old Michael Eaton was driving his Range Rover at a high rate of speed on a suspended license when he collided with a Jeep Cherokee carrying a family of four on Interstate 270. The crash took the life of Jasmine Warr and left her parents and an 11-year-old girl with personal injuries.

According to police, Eaton continued driving for nearly a mile before he abandoned the Range Rover and fled on foot. At approximately 2:30 p.m. on August 22, he turned himself in to the state police barracks in Rockville, Maryland.

Eaton was charged with felony hit-and-run and according to Sgt. Michael Brennan, he was cooperating with the police.

According to Brennan, at the time of the crash, Eaton was driving on a suspended Virginia driver’s license, but when the suspension was ordered and what the offense was, was unclear. According to court records, in October it was suspended for six months for reckless driving.

All four of the Jeep Cherokee’s passengers transported to hospitals. Jasmine received transport to Shady Grove Adventist Hospital and was pronounced dead at approximately 1 a.m. on August 22. Her parents, 53-year-old William Warr and 45-year-old Angela Warr received transport to Suburban Hospital in Betheseda, Maryland with non-life-threatening injuries.

The other girl, 11-year-old Cortavia Harris, received air transport to Children’s National Medical Center, but has since been listed in stable condition. According to police, her legal guardians are William and Angela Warr.

Originally posted at InjuryBoard by Ben Glass

Sterling, Virginia Motorcycle Accident Caused by Missed Turn

Ben Glass — Sat, 14 Jul 2007 11:15:32 GMT

According to published reports, Estel Henderson was seriously injured Friday when the driver of an SUV cut across several lanes after missing her turn. The Washington Post is reporting that a 28 year old driver from California cause the accident on Route 7 and Belmont Ridge Road.

Motorcyclists are often difficult to see. Of course, missing your turn and crossing four lanes of traffice (as reported by the Post) is a real recipe for disaster.

Estel Henderson was airlifted to Fairfax Hospital. With the massive medical bills that are likely to accrue, we hope that the SUV driver had adequate car insurance or that the motorcyclist had adequate underinsured motorist coverage.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ben Glass