Grand Rapids Personal Injury Lawyer - Automobile Accidents - Most Commented

Neutral Observers During Insurance Company Neuropsychological Evaluations

Timothy Smith — Mon, 27 Jul 2009 15:13:12 GMT

Last year I spent some time discussing the dangers surrounding "independent medical evaluations" by physicians that are employed by insurance companies. It has been my experience that these doctors are paid by the insurance companies to simply cut-off the benefits of insured. Statistically, I've seen doctors whose evaluations find the insured to be perfectly healthy on 90-95% of their exams. I've also seen companies here in Michigan that match doctors to the insurance company client, advertise their doctors as "cut-off" doctors; essentially ensuring that the insured will be found healthy and uninjured which allows the insurance company to deny benefits.

In cases where the insured has sustained a closed head injury or traumatic brain injury, the insurance companies neuropsychologist is typically hired to assess the insured and more often than not, find that they are malingering [making it all up], suffering from a pre-existing mental illness or perhaps depressed due to some non-accident related event.

When my clients are ordered to undergo neuropsychological exam by the insurance company's doctor, we fight to make sure that a neutral 3rd party can be present to simply observe and monitor the exam. We've had cases where doctors write in their reports that certain exams were performed, when the were never administered or write that the patient performed particularly well on an exam, when in fact, they failed that part of the test.

The main argument we see from the insurance company is that an observer will somehow taint the testing process.

This is a red-herring for the courts, but some judge's buy into it. Fortunately, the American Psychological Association, through their Committee on Psychological Tests and Assessment, has issued a statement on the impact [if any] of neutral 3rd party observers. They recognized in their conclusion that a neutral 3rd party observer "may facilitate validity and fairness of the evaluation".

Even if a judge disagrees with this attempt to facilitate some fairness and validity into the testing process, at the very least, they should allow video-taping of the exam so that the doctor knows that he is being watched and cannot take liberties with the insured.

I'm curious if Injury Board readers have had experiences with these insurance company doctors. Were you allowed to take a neutral 3rd party with you into the exam? Were you allowed to videotape the exam? Were you treated fairly by the doctor at the time of evaluation and at the time the report was dictated? Did the insurance company doctor come to conclusions after the 15 minute exam that none of your own treating doctors [who had been treating you for months or years] could find or substantiate?

Let us know.

For background on these doctors, check out some of my posts from last year....

http://traversecity.injuryboard.com/miscellaneous/insurance-company-doctors.aspx?googleid=231390

http://traversecity.injuryboard.com/miscellaneous/insurance-company-doctors-round-2.aspx?googleid=231394

Originally posted at InjuryBoard by Timothy Smith

Uninsured and Underinsured Motorist Coverages: The best money you'll ever spend

Timothy Smith — Mon, 28 Sep 2009 17:54:23 GMT

Everyone knows that no matter where you live, you are required by law to have car insurance. Michigan is no exception to this. Also, Michigan is a no-fault auto insurance state. In Michigan, your no-fault insurance pays all your medical bills in the event that you are injured in an auto accident. So, if you have the minimum required no-fault insurance you have all the insurance you need, right?

Actually, wrong, for a number of reasons. Basic no-fault insurance doesn’t pay to have your car repaired. Nor does it pay if your car is stolen. To cover those costs you will need collision and comprehensive insurance. But beyond those situations you should seriously think about getting uninsured/underinsured motorist coverage (UM/UIM).

Here are some reasons why:

While no-fault insurance covers your medical costs and lost wages without regard to who is at fault, there are some situations in which personal injury claims against the at fault driver are allowed. Suits are permitted in accidents in which there have been a death or severe bodily injury or permanent disfigurement. Essentially, in these cases, the injured party will be allowed to sue to recover pain and suffering damages from the person at fault.

This is fine, as far as it goes, but what happens in the event that the at fault driver is either uninsured, or has insurance with very minimal coverage? The answer is that the injured party gets little or no recovery. UM/UIM insurance bridges any gap between what an injured party is entitled to and the limits of the at fault party’s insurance coverage.

Assume that you are severely injured in an auto accident. Assume further, that a jury finds you are entitled to $100,000 of compensation for pain and suffering. If the driver has only $20,000 in coverage [the minimum required here in Michigan], you will lose any amounts above that figure. If you had $100,000 or more worth of UM/UIM insurance, you would receive the entire sum awarded to you by the jury.

Essentially, underinsured and uninsured motorist coverages are the only coverages that cover you for bodily injury if you are injured, maimed or killed by another driver's negligence. You may have purchased an expensive policy with $500,000 limits on bodily injury, but, that is the money that your company pays to someone that YOU hurt when YOU cause an accident. It doesn't help you one bit when someone runs a stop sign and injures you.

The only way to be fully protected in case of an accident is to purchase and maintain underinsured and uninsured motorist coverage. Check with your agent right now to make sure that you have the coverage in place to protect you and your family.

Originally posted at InjuryBoard by Timothy Smith

Wrongfully Denied Insurance Claims

Timothy Smith — Tue, 04 Aug 2009 09:37:07 GMT

My readers may not know this, but Michigan is one of only four states that doesn't protect its consumers from some of the most underhanded practices in the home, auto and health care insurance industries - wrongful denial of benefits.

Wrongful denial consists of an intentional business plan by these companies that delay or deny legitimate property, auto or health care claims at the expense of the consumer. By not honoring their contractual duty to be there for consumers in their time of need, insurance companies boost their profits, forcing Michigan families into bankruptcy and even foreclosure just to care for the people they love.

The story of State Representative Mike Simpson is both heartbreaking in it's brutality and typical in that I see this type of behavior daily here in Michigan. Why? Because in Michigan, if an insurance company acts wrongfully in denying claims, the only punishment is a $500 fine....

Here is Representative Simpson's story:

State Rep. Mike Simpson: Representative Mike Simpson, and I don't just stand in front of you today as a legislator, I also stand in front of you as a victim. I applaud these individuals for coming forward to publicly talk about a crisis and a tragedy in their life is incredibly difficult, and it talks a lot of guts. And your story… is my story. In 1993, my daughter was diagnosed with lung cancer, and within nine months I buried my daughter. And, I remember, on December 11th, 1993, looking at the MRI report with the diagnosis with the doctor because it was my birthday. And the doctor told me that she had a 3% chance of living. I picked up the phone, I called my insurance company, they said Mr. Simpson, don't worry, we'll take care of you. Boy, did they take care of me. I soon found, that I was in the fight of my life not only trying to help my daughter fight off a disease that was most assuredly going to take her life, I was also fighting my insurance company because they didn't want to pay the bills. They're your best friend in the world when you make your premium payments, but when you have a claim you're the enemy. It's just wrong. That's why I ran for office the first time. I never wanted to see this happen to another family. These are not isolated circumstances, they happen hundreds of times all across this state every single day. And the people standing behind me, they put a human face on the reality of what we always kind of look the other way, it didn't happen to my family so we don't worry about it.

During that nine-month fight, I sold everything I owned. You'd sell your soul to save your child. But it wasn't enough, and ultimately it bankrupted my family, it crushed us. Our American dream had turned into an American nightmare, and after my daughter's death I found myself standing in front of a federal bankruptcy court judge, detailing how many pieces of clothing and toys my other two surviving children own, and could we please keep them or did we have to give them to the creditors too. It's time to put consumer back in consumer protection in the State of Michigan. It's that simple. You know if we enter a contract or make a promise we have to keep it. If we commit fraud and break the law, we go to jail. If the insurance company does it, they get a slap on the hands from the insurance commissioner and they got to pay 500 bucks. To most of these CEOs, that's a missed lunch or a golf date, that's it. For the main purpose of making sure their bottom line looks better, they destroy lives in a heartbeat and never look back. And this is only one of four places in this country that you can do that. Michigan, Massachusetts, Louisiana and Nebraska and that's it. We're the disgraceful part of the Final Four, and today the House Dems are saying no more.

The State House here in Michigan has drafted a series of bills that will protect consumers from this type of behavior by insurance companies here in Michigan.

The bills include laws that would:

* Strengthen consumer protections by punishing insurance companies that wrongfully deny consumer claims with penalties, including a $1 million fine.

* Punish corporate leaders who knowingly create, foster or encourage wrongful denial of claims by making the misconduct a felony that could result in four years in prison plus a $50,000 fine.

* Create a whistle-blower protection plan to shield employees who report that an insurance company is engaging in wrongful denial of claims.

In auto accident claims, the wrongful denial of valid medical claims is rampant. It has even prompted investigations by numerous media outlets here in Michigan.

http://www.youtube.com/watch?v=JJ5f3SH667Q&eurl=http%3A%2F%2Fwww%2Emichiganautolaw%2Ecom%2Fcaraccidents%2Fcarinsurancebasics%2Ephp&feature=player_embedded

If you believe that this type of behavior must be corrected, click here to sign a petition to learn more and show your support as a consumer here in Michigan for increased protection from these predatory practices by insurance. No more profits over people. It's time for a change.

Originally posted at InjuryBoard by Timothy Smith

Can you sue the doctor that examined you for the insurance company????

Timothy Smith — Mon, 03 Aug 2009 19:56:02 GMT

This blog post was prompted by Injury Board reader Willard Gatzke from Colorado. In my last post re: neutral 3rd party observers sitting in on examinations by insurance company doctors, Mr. Gatzke posted a comment re: his story in Colorado and how these "for hire" doctors terminated his long term medical benefits.

His comment got me thinking about what recourse, if any we have here in Michigan against these "doctors"? If you're a new reader,prior posts of mine tell the story of doctors hired by insurance companies who have had their licenses revoked, have been the subject of investigation by the state, who have failed out of medical school or have medical illnesses that prevent them from performing a proper examination.

The question for readers of this InjuryBoard.com blog is, "what rights do I have against these "hired guns".

Well, in Michigan, not many, but it might be getting better. Since there is no doctor patient relationship in these exams, holding the doctor accountable for performing a 15 minute/less than thorough/totally biased exam does not exist in Michigan.

But, if they injure you physically during the exam, you have a cause of action.

One of the more notorious insurance company medical examiners in Michigan is Doctor Ed Trachtman. He is a favorite of insurance companies looking to cut off benefits to their insureds. In fact, State Farm used over 450 times in a 5 year period. We see him often in our auto accident cases where the insurance company is looking to cut off medical benefits.

Without going into the hundred's of thousands of dollars he makes each year from doing solely insurance company medical exams or any of the other documented areas of bias including a medical condition that prevents him from performing a proper exam, let's look at the time when he actually physically injured a person while trying to perform an exam for his employer, the insurance company.

Dyer v. Trachtman is the case. In this case, Mr. Dyer told Dr. Trachtman that his doctor said not to lift his shoulder above a certain level. Dr. Trachtman ignored this and shoved the man's elbow up into the air and tore out his shoulder. The Michigan courts allowed Mr. Dyer to file suit against Dr. Trachtman and Dyer successfully sued Dr. Trachtman for the damage he caused to Mr. Dyer's shoulder.

This isn't much protection from these insurance company doctors, but it's a start. In fact, the House of Representatives drafted a bill that may provide Michigan consumers even more protection from these predatory doctors. Stay tuned for more information.....

Originally posted at InjuryBoard by Timothy Smith

Another Great Reason to Carry Uninsured Motorist Coverage

Timothy Smith — Mon, 29 Dec 2008 10:18:12 GMT

In a recent article in the Wall Street Journal, it was reported that more drivers are letting their auto insurance lapse as the national economy continues to falter. With lay-offs reported weekly and jobless rates climbing, an increasing number of drivers cannot afford to pay their auto insurance premium. So how does this affect you?

In Michigan, it effects you big time. We're a No-Fault insurance state. If you get hit, your insurance company covers your medical bills and lost wages. But, if that uninsured driver caused a severe or serious injury, your ability to seek money damages from the at fault driver is gone because he has no insurance and probably no money.

What if that uninsured driver injures you so badly, that you are never going to work again? Your company will pay for three years of lost wages, but then what? Without the additional insurance coverage of the at-fault driver, you and your family are stuck.

That's why it's more important now, than ever before, to carry uninsured and underinsured motorist coverage on your own car insurance policy.

Uninsured motorist coverage on your policy pays you when you are injured by an uninsured driver. It is coverage that you must ask your agent for. Simply saying, "I want full coverage' doesn't necessarily mean you will get uninsured coverage. A number of car insurance companies that are allowed to write insurance here in Michigan don't even offer uninsured coverage! If you don't have it, you and your family aren't properly covered.

Underinsured coverage [different from uninsured coverage] comes into play when you or your family is injured by another driver who has decided to carry a bare-bones, minimum PL-PD policy which only has $20,000 per person and $40,000 per occurrence in coverage. What if this driver hits you, but causes $200,000 worth of damage to you? If he only has $20,000 in insurance, and you have $200,000 in injuries, where does the other $180,000 come from?

Well, if you had underinsured motorist coverage, it would come from your own insurance company. You would collect $20,000 from the driver that injured you and then collect $180,000 from your insurance company because you were smart enough to purchase the underinsured coverage.

There is no better way to protect yourself and your family than by purchasing underinsured AND uninsured motorist coverage.

If you are unsure about what type of coverage you have or simply would like some advice on what companies offer this type of coverage, feel free to email me at the listed email and I can very quickly [and for no charge] review your auto insurance policy to make sure you and your family are covered.

Originally posted at InjuryBoard by Timothy Smith

A rare win for car crash victims in the Court of appeals

Timothy Smith — Fri, 18 Sep 2009 07:22:31 GMT

Since the Kreiner decision came out of Michigan's Supreme Court, citizens injured through no fault of their own have faced an uphill battle to receive any compensation for their pain and suffering. Michigan's Supreme Court, who at the time was dominated by a majority of conservatives [all of whom received significant campaign contributions from the auto insurance industry], made it nearly impossible for any auto accident victim in Michigan to prevail against the negligent driver that crippled them.

But, we seem to see a swing back towards common sense when it comes to Michigan car accident law. The recent Court of Appeals case of Craiger v. Oakley is a perfect example.

In Craiger, the Plaintiff went to the hospital after being involved in a car accident caused by defendant Oakley. Oakley was driving a van owned by his employer, Port Huron Auto Glass. After suffering pain throughout his body, plaintiff’s doctor performed an MRI which revealed a meniscal tear. Plaintiff then underwent surgery but his knee continued to hyper extend [flex to far forward], leading the doctor to perform knee replacement surgery.

Plaintiff first filed a suit seeking first-party benefits such as payment of medical bills and lost wages from Farmers Insurance and also pain and suffering damages from the defendants. The trial court granted Defendants’ motion for summary disposition after they argued that plaintiff’s knee problems were not related to the car accident. The trial court generally found that the plaintiff did not show he suffered a threshold injury. In Michigan, an injured person must not only show that the other driver was at fault, but that they were in fact injured AND that the injury was so severe, that it altered their life in a significant fashion.

The Court of Appeals held that the trial court erred in granting the defendants’ motion for summary disposition. They found that the Plaintiff did present a question of fact concerning the issue that his knee problems resulted from the car accident. Furthermore, the Court of Appeals agreed that the plaintiff did meet the threshold injury by showing he suffered an impairment of an important body function and that it was objectively manifested. They did agree that the trial court correctly noted that the plaintiff ended his career as a commercial painter due to financial reasons; however, the Court of Appeals said that painting was still plaintiff’s trade and now he lost the option of going back to that trade in better economic times. The Appeals Court described why they felt this injury was serious enough for the plaintiff:

The trial court erred when it found that, even if plaintiff demonstrated that his knee injury was caused or exacerbated by the accident, plaintiff could not meet the test of establishing a threshold injury. Plaintiff showed that he suffered an impairment of an important body function and that this impairment was objectively manifested. Plaintiff has further demonstrated that his general ability to conduct the course of his life has been affected.

Plaintiff suffered pain for a year after the accident, was forced to undergo major reconstructive surgery, and had great difficulty walking for seven weeks following the surgery. He underwent physical therapy from the surgery until October of 2006. Thus, the “nature and extent of the impairment” and “the type and length of treatment required” factors involved in this case support plaintiff’s position that he suffered a threshold injury. Plaintiff suffers continued, and presumably permanent, residual effects. Although plaintiff’s level of pain has apparently diminished since the knee replacement surgery, he still reports discomfort that occurs five or six times each day.

The trial court correctly noted that plaintiff had ended his career as a commercial painter due to financial reasons, however, painting was still plaintiff’s trade and he has now lost the option of returning to that trade in better economic times. One of plaintiff’s physicians stated that plaintiff was employable in a career that involved “no repetitive bending or prolonged standing.” This restriction would prevent plaintiff from returning to work as a painter. Furthermore, plaintiff formerly enjoyed woodworking, including restoring cabinetry, and had been offered a contract to restore the cabinets in a house, but could not do so because of the accident. He claimed that he could no longer participate in this activity because he could not walk up and down to varnish pieces of wood.

Plaintiff’s injury caused him to have to make a decision between a lifetime of knee hyper extensions resulting in “sharp screaming pain” and having his knee joint replaced with synthetic parts. While the knee replacement has led to some improvement in his ability to function, plaintiff is still missing a portion of his body that he will never retrieve. Plaintiff must forever depend on an artificial joint for his mobility and continues to suffer from chronic pain in his knee which will prevent him from returning to work in his previous occupation and prevents him from enjoying his woodworking hobby.

Although the length of time a plaintiff is off work following a car accident seems to be a yardstick for our state courts, this decision still comes to the correct conclusion. You may recall prior posts of mine that describe victims of auto accidents who were left with permanent limps and disfigurement, yet their cases were thrown out of court for not being "serious enough". But here, the Court of Appeals got it right. They reversed the decision of the trial court and sent the plaintiff back to have his day in court.

Originally posted at InjuryBoard by Timothy Smith

Nearly 100 children killed in "backing-up" accidents in 2007

Timothy Smith — Wed, 28 Jan 2009 16:14:26 GMT

The National Highway Traffic Safety Administration [NHTSA] recently released data in a study evaluating backover deaths and some other types of non-traffic deaths and injuries.

The NHTSA reported that 221 people were killed in 2007 by vehicles that were backing up and almost 14,000 were injured.

99 of the deaths and 2,000 of the injuries involved children ages 14 and younger.

Back-up sensors on your car isn't the answer according to NHTSA. the sensors are designed to warn you when you get close to a car while you are slowly trying to park. Their limited range will not warn you when a child darts out behind you.

Even though rear sensors don't help you avoid this potential tragedy, NHTSA has compiled a list of safety tips for you and your family. Click here.

Safety Tips for Parents
Keeping your children out of harm’s way requires ongoing education, supervision, and vigilance: there simply is no single fail-safe solution. However, safety experts advise employing the following strategies to help reduce the risk of a backover tragedy occurring:

Ensure your children are properly supervised at all times, especially wherever motor vehicles might be present.

Teach children not to play in, under, or around vehicles — ever.

Always assume children could be present and carefully check the street, driveway, and area around your vehicle before backing out.

Avoid making your driveway a “playground.” If you do allow children in this area, make sure that it’s only when there are no vehicles present. To further protect children who may be outside playing, separate the driveway from the roadway with a physical barrier to prevent any cars from entering.

To prevent curious children from ever putting a vehicle in gear, never leave vehicles running, and keep all vehicles, even those in driveways and garages, locked up tight.

When backing up, always know where all children are and have them stay in your full view and well away from your vehicle.

Look behind you as you back out S-L-O-W-L-Y with your windows rolled down to listen for children who may have dashed behind your vehicle suddenly — and be prepared to stop!

If you’re driving an SUV or truck, remember that the blind spot behind your vehicle can be especially large: use extreme care whenever you back up.

Finally, talk with neighborhood parents about backover incidents and ask them to teach their children not to play in or around any vehicle or driveway. By working together to promote awareness and protective home and neighborhood environments, we can help to keep all our children safe.

Originally posted at InjuryBoard by Timothy Smith

Handling Auto Insurance Claims

Timothy Smith — Fri, 26 Dec 2008 13:57:25 GMT

Michigan has a No-Fault Auto Insurance system. Essentially, this means that if someone runs a stop sign and hit’s you, nobody is at fault. Your auto insurance covers the damage to your car, your hospital bills, your wages [if you’re off work] and other expenses related to your injuries. The same is true for the driver who ran the stop sign – his company covers his losses.

So, if you are involved in an auto accident, contact your auto insurance company to start the property damage component of your claim so that you can get your car fixed. If you require a visit to the Emergency Room or other medical treatment, you will need to file an “Application for Benefits” to set up the medical pay/work loss component of your claim. Your auto insurance company will be required to pay all ‘reasonable and necessary” medical expenses including mileage to and from the appointments. This is a lifetime benefit and there is no cap on the dollar amount no matter how much medical treatment you require or how many years after the accident your doctors perform it.

If the doctors tell you to stay off-work, then your auto insurance company will have to cover your work loss. The insurance company is required, by law, to pay 85% or your gross wage from prior to the accident. Unlike medical benefits which are lifetime in duration, work loss benefits are only good for the 3 years immediately following the accident.

The only time you are allowed to make a claim against the driver that ran the stop sign or caused the accident is when you suffer a serious injury. Then, and only then, can you bring a claim against that other driver. It will not be a claim for damage to your vehicle or medical costs or wages. Rather, it is a claim for pain and suffering and any wage loss that continue after the 3 year anniversary of the accident.

So, what’s a serious injury? Michigan courts have been struggling with this concept for some time now. It’s safe to say that the injury needs to be objective – broken bone or visible on an x-ray or MRI; it needs to be to an important body part; and it needs to seriously alter your life for a number of months.

If you’re off work for 6-12 months, if you’re hospitalized for a number of weeks following the accident or if you can’t participate in the recreational activities you did prior to the accident then you might want to consult with an attorney to determine your legal rights.

For a great little synopsis prepared by the Michigan Office of Financial and Insurance Services, click here:

Originally posted at InjuryBoard by Timothy Smith

The Dangers of Winter Driving

Timothy Smith — Mon, 22 Dec 2008 11:25:39 GMT

Michigan has been hit hard by old man winter this year. The snow started the opening day of deer season and hasn't quit since. Just yesterday, there was a 30 vehicle auto accident along a six mile stretch of I-94 near Lake Michigan.

Sunday's crash shut down Interstate 94 eastbound just north of Stevensville for hours. Apparantly, it wasn't new snow that played a role in the accident, but 40 mph winds that created white out conditions.

Nearly identical conditions were to blame for another multiple vehicle crash about forty miles north on I-96 between Zeeland and Hudsonville. Police had to close a 7 mile stretch of Interstate 96 to deal with that accident scene.

The authorities, including the Kent County Sherrif's Department, urged motorists to stay off the roads and most obliged. But those that ventured out onto Western Michigan roadways were faced with some of the worst driving conditions of the year.

If you need to venture out this winter, here are some thoughts to help you avoid the car accidents described above.....

Tips for driving in the snow:

Accelerate and decelerate slowly. Appling the gas slowly to accelerate is the best method for retraining traction and avoiding skids. Don't try to get moving in a hurry. And take time to slow down for a stoplight. Remember: It takes longer to slow down on icy roads.

Drive slowly. Everything takes longer on snow-covered roads. Accelerating, stopping, turning - nothing happens as quickly as on dry pavement. Give yourself time to maneuver by driving slowly.

The normal dry pavement following distance of two to three seconds should be increased to eight to ten seconds. This increased margin of safety in front will provide the longer distance needed if you have to stop.

Know your brakes. Whether you have antilock brakes or not, the best way to stop is threshold breaking. Keep the heel of your foot on the floor and use the ball of your foot to apply firm, steady pressure on the brake pedal.

Don't stop if you can avoid it. There's a big difference in the amount of inertia it takes to start moving from a full stop versus how much it takes to get moving while still rolling. If you can slow down enough to keep rolling until the light changes, do it.

Don't power up hills. Applying extra gas on snow-covered roads just starts your wheels spinning. Try to get a little inertia going before you reach the hill and let that inertia carry you to the top. As you reach the crest of the hill, reduce your speed and proceed down hill as slowly as possible.

Don't stop going up a hill. There's nothing worse than trying to get moving up a hill on an icy road. Get some inertia going on a flat roadway before you take on the hill.

Stay home. If you really don't have to go out, don't. Even if you can drive well in the snow, not everyone else can. Don't tempt fate: If you don't have somewhere you have to be, watch the snow from indoors.

With Christmas this week, I assume many of Injury Board's regular reader's will be travelling long distances to be with family. Here are some tips for those long trips to make sure you arrive safe and sound.

Tips for long-distance winter trips:

Watch weather reports prior to a long-distance drive or before driving in isolated areas. Delay trips when especially bad weather is expected. If you must leave, let others know your route, destination and estimated time of arrival.

Always make sure your vehicle is in peak operating condition by having it inspected by a AAA Approved Auto Repair facility.

Keep at least half a tank of gasoline in your vehicle at all times.

Pack a cellular telephone with your local AAA's telephone number, plus blankets, gloves, hats, food, water and any needed medication in your vehicle.

If you become snow-bound, stay with your vehicle. It provides temporary shelter and makes it easier for rescuers to locate you. Don't try to walk in a severe storm. It's easy to lose sight of your vehicle in blowing snow and become lost.

Don't over exert yourself if you try to push or dig your vehicle out of the snow.

Tie a brightly colored cloth to the antenna or place a cloth at the top of a rolled up window to signal distress. At night, keep the dome light on if possible. It only uses a small amount of electricity and will make it easier for rescuers to find you.

Make sure the exhaust pipe isn't clogged with snow, ice or mud. A blocked exhaust could cause deadly carbon monoxide gas to leak into the passenger compartment with the engine running.

Use whatever is available to insulate your body from the cold. This could include floor mats, newspapers or paper maps.

If possible run the engine and heater just long enough to remove the chill and to conserve gasoline.

Lastly, as a general rule for winter driving, these tips will help keep you safe no matter what the driving conditions.

AAA recommends the following winter driving tips:

Avoid driving while you're fatigued. Getting the proper amount of rest before taking on winter weather tasks reduces driving risks.

Never warm up a vehicle in an enclosed area, such as a garage.

Make certain your tires are properly inflated.

Never mix radial tires with other tire types.

Keep your gas tank at least half full to avoid gas line freeze-up.

If possible, avoid using your parking brake in cold, rainy and snowy weather.

Do not use cruise control when driving on any slippery surface (wet, ice, sand).

Always look and steer where you want to go.

Use your seat belt every time you get into your vehicle.

If, despite all these precautions, you or a loved one is involved in an auto accident, tomorrow's post will explain what you should do to process any insurance claims you have that arise out of the car crash.

Originally posted at InjuryBoard by Timothy Smith

Auto Insurance Protection

Tim Smith — Wed, 19 Dec 2007 09:31:29 GMT

Most people assume when they ask their agent for "full coverage" that they are receiving the best protection they can get for their money. Unfortunately, "full coverage" means different things to different insurance companies.

The bodily injury coverage on your policy is what your insurance company pays to someone else if you cause an accident. But what if you aren't at fault? What if a drunk runs a stop light and hits you? What if he isn't driving with insurance? Or what if you have serious injuries and the at-fault driver is only carrying the legal minimum of $20,000 in coverage and you have a $100,000 injury? Then what do you do?

You make sure you are carrying uninsured and underinsured motorist coverage. Some companies don't offer it and some agents don't include it when they are asked to provide "full coverage". This is coverage that you buy to protect you from one of the above situations. If someone else causes an accident and hurts you, you can look to your own uninsured motorist coverage to compensate you for the injuries. It's very cheap and it's the only way to ensure you are fully protected.

In the situation where you are catastrophically injured by a driver who is only carrying the legal minimum of $20,000 in bodily injury coverage, you can obtain the $20,000 from that at fault driver and then additional monies from your own underinsured motorist coverage.

So check out your insurance policy. Call your agent to confirm you have this important coverage. If you don't, buy it immediately. It's the only way to protect you and your family when you are driving.

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

Originally posted at InjuryBoard by Tim Smith