Uninsured insurance bill before Missouri Senate

Posted on April 6, 2009 by Jason Krebs

Obviously, there are a lot of people out driving on the roads of the state of Missouri that are insured.  There is a new bill before the Missouri Senate, which i would be willing to bet was written by the insurance industry.  Under this act, an uninsured motorist waives his or her ability to have a cause of action or otherwise collect  for non economic damages or pain and suffering against a driver who is in compliance with Missouri Motor Vehicle Financial Responsibility Law due to a motor vehicle accident in which the insured driver at fault.

For purposes of the act, an uninsured motorists includes an uninsured driver who is the owner of the vehicle, an uninsured permissive driver of a vehicle, and any uninsured non-permissive driver.

The mandatory waiver of non economic damages imposed by the act shall not apply in cases where the accident was caused by a driver who was operating the vehicle under the influence of alcohol or drugs, or who is convicted of involuntary manslaughter or assault in the second degree.  So basically, if the insured driver was drunk, then a pain and suffering component of damages could be claimed

The waiver of non economic damages shall not apply in instances where his or her insurance policy was nonrenewed or cancelled for nonpayment, unless the driver had received notice from the insurance company at least 30 days prior to time of the accident.

In legal actions against a person who is in compliance with Missouri’s financial responsibility laws, the person who has waived his or her rights under the act shall have his or her award reduced by the amount representing noneconomic damages. The jury would not be informed of the effect of the waiver on the person's total amount of recovery.

Passengers in an uninsured motor vehicle are not subject to the noneconomic recovery limitations set forth in the act (Section 303.390).

Proponents of the legislation claim to want to encourage everyone to be insured. Instead this act punishes people severely injured in an automobile accident they did not cause. The insurance company will not have to pay as much in claims.  I do not want to promote the idea that people should operate a car, truck or motorcycle without carrying insurance, but is it really fair to limit the claims of the uninsured (poor) and injured?

 

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More on elderly drivers

Posted on March 9, 2009 by Jason Krebs

The Springfield News-Leader had an interesting letter to the editor from Paul Phariss.  Judging from the comments,  I don't think this would be politically very popular. The main thing that many people fail to remember is that driving is not a right, but rather a privilege.   I have written previously about Missouri's voluntary reporting law .

 

An open letter to the lawmakers of this state, and the federal government.

A few days ago, my stepdaughter and her 20-month-old baby were sitting at a red light, when they were suddenly hit from behind by a car going full speed. Miraculously, and due to her buckling herself and the baby in, they weren't seriously injured. The man driving the other car didn't see her or the red light. She drives a Jeep Grand Cherokee, a car equal in size to what Dave Barry used to refer to as a "subdivision." His car, a small pickup truck, was demolished. I asked her if he was drunk. She said no, just "very, very old" (her words.)

Before I go on, I'd like to point out that in spite of how youthful I look in the picture (!), I will be 65 when I next renew my driver's license. It's high time that a law was enacted requiring anyone over 65 to take a short behind-the-wheel competency driving test in traffic. It wouldn't take more than 10 minutes, and it could save a life. I don't mean to say this in a demeaning way, and I will be first in line to do it. The circle of life moves on, we all age, and our comprehension and ability to react in stressful situations slows. There's nothing wrong with that, it's just the way things are. My stepdaughter's gas tank was severely smashed in the crash. Supposing it had erupted and blown up, burning up the baby? How could the man and his family live with that? Not to mention us.

People will say there is no money to finance such a program. Fine. Charge each person an extra $10 to get a renewal. If each test averages 20 minutes, including the walk to the car, that's $30 an hour, certainly enough to pay the wages of the person administering the test, and their benefits. Considering the cost of gas, car insurance, a meal or two out a week, anyone should be able to afford $10 every four years. If not, the person couldn't afford gas and wouldn't be driving anyway. Again, I will be first in line, with my $10, next time I renew.

This is such a no-brainer, I'm amazed it hasn't already been done. I moved here from California in 1983, and was flabbergasted at how easy it was to get a license in this state; even more amazed at how easy to renew. Just an eye exam, which I can easily pass without my glasses, even though I would never consider driving without them. No written test, nothing. Trust me, there are people out there driving who have no idea what the state laws are. Not that they didn't have a rudimentary knowledge of them once, they've just forgotten them. In California, you pass a 60-question test every time you renew, or you don't renew! And no one complains, it's just common sense.

Come on, lawmakers. Let's set a precedent for the rest of the country, and maybe Claire McCaskill and Kit Bond and all the other congressmen could get together and create the first sensible national driving law.

Already much is being done to stop reckless teenage driving; time to work on the other end of the cycle.

 If you or someone you love has been involved in a car crash accident involving an elderly driver or driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri Northwest Arkansas area, contact The Krebs Law Firm LLC for a free consultation to answer your questions regarding your injury claims.

 

 

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Car Accident Pain and Suffering Checklist

Posted on February 15, 2009 by Jason Krebs

Here is some great advice from the Texas Injury Law Blog.  They are exactly correct, being able to document your injury is vitally important.  It is also important to keep any damaged or stained clothes and broken glasses in the same condition as after the accident.

Here is the full Texas Injury Blog post.

It’s very difficult to keep a cool head after an auto accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. However, if you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved.

Following is a checklist of information you will need to help support the duration and depth of your personal injury/pain and suffering claim. You can use this checklist to organize your information, information you will ultimately use to discuss your claim with an insurance company or to hand over to an attorney.

The Accident

Driver information: Obtain and exchange information with all other drivers such as name, license number, tag number, insurance company name, policy number.

Photographs: Take photographs of your injuries, the damage to all vehicles and of the scene of the accident in general.

Police report: Get a copy of the accident report if police responded.

Witnesses. Keep a record of all names, addresses, phone numbers and email addresses.

After the Accident

Medical expenses. Log all office visits, prescriptions, over-the-counter medications, laboratory services, physical therapy, hospital visits, treatments, medical documents, and x-rays, including names, dates of visits, amount charged and reasons for seeing the medical providers.

Lost work time: Keep a log of all time taken off from work as a result of the accident, including time off for medical treatments and/or the inability to function properly at work due to your injuries. Get a letter from your employer verifying pay and lost time.

Lost school time. Document all lost school time and/or inability to continue with school work as you did before the accident.

Photographs: Continue to take photographs of your injuries at different times after the accident. Write the date on the back of the photo.

Witnesses. Contact them for a written statement before too much time lapses.

Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience, etc.: Keep a daily log of your thoughts, feelings and experiences on a day-to-day basis, documenting how the injuries have interfered with your daily life and relationships.

Car repair estimates and/or bills: Car repair estimates are necessary to get your car fixed. However, estimates provided by your insurance company can sometimes be lower than you might have expected. If unsatisfied with an initial estimate, take the automobile to a certified mechanic for another estimate. Be sure to save all of the bills and repair paper work associated with the repair.

Out of pocket expenses: Keep records/receipts of everything you’ve paid for out-of-pocket relating to or as a result of injuries suffered in the accident. For example, heating pads, ace bandages, child-care expenses, cancellation of a vacation trip or event, clothing, taxi service or rental car, etc.

What You Need to Know:

Seek medical attention immediately after an accident!

Do not admit fault immediately after the accident.

Diligently follow through with all medical treatments.

Do not answer any questions from the other side’s insurance company or attorney or sign any forms without approval from your attorney.

Do not settle your case until all necessary medical expenses, present and future, are known.

Keep copies of everything (all documents, bills, medical records, etc.).

 

If you or someone you love has been involved in a car crash accident  in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation with a lawyer regarding your injury claims.

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