South Carolina Injury Law Journal - Anderson and Greenville Lawyer & Attorney Workers' Compensation Cases, Product Liability Lawsuits, and Accidents

The Anderson Independent Mail reported that a young girl was struck and injured by a vehicle yesterday in Anderson County.  Reportedly, there was a school bus in the area and she darted out across the road.

A pedestrian, or any person on foot, has duties just like those driving motor vehicles to be responsible, however, sometimes the higher duty and responsibility remains with the driver of the motor vehicle to be more alert and observant.

South Carolina Drivers' Manual is where we all started and had to learn the "rules of the road" before being granted permission to get our license. After the introduction, the manual goes into "General Information", more specifically the subsection entitled, "Sharing the Road" states:

It is your responsibility as a driver to be on the lookout and to take every precaution possible to not injure a person on foot. If you see a vehicle, pedestrian or children near the road, you should slow down and be prepared to stop. (General Information p.45)

The South Carolina Code of Laws sets forth a few reminders for all of us drivers on the roadways as it pertains to pedestrians:

1. SECTION 56-5-3230. Drivers to exercise due care.

   Notwithstanding other provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

2. SECTION 56-5-1520. General rules as to maximum speed limits; lower speeds may be required.

   (A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of a person to use care.

   (F) The driver of a vehicle shall drive, consistent with the requirements of subsection (A), at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

South Carolina case law follows in line with the before mentioned rules in stating:

• One operating a motor vehicle on a public highway owes an urgent duty to keep a proper lookout and to keep the vehicle under proper control.  Yaun v. Baldridge, 134 S.E.2d 248, 251 (S.C.1964).
• Negligence is established as a matter of law if the only inference is that either the driver did not look or did so in such a careless fashion as not to see what was in plain view. Williams v. Davis, 243 S.C. 524, 134 S.E.2d 760 (1964).

No one may truly know what happened during the incident with the young girl and the driver may have used ever caution and observation available to him. However, this is a time to remind all of us who get behind the wheel to just remain alert and vigilant to our surroundings.

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It appears the behemoth insurance company, Allstate, does have some type of consumer conscious after all.  Through my repeated articles denouncing the insurance company for their unprofessional and unethical claims handling:

• Allstate Insurance Sucks
• Allstate Insurance's "Good Hands" are Wrapped Around Your Throat!
• Allstate Policy Holders and Victims Should Know They Are Not in Good Hands

They have decided to hire me on as a consultant to change their brand awareness. They have offered me a salary into seven figures and 10% of any noticeable increase I can bring through higher premiums, less payouts, and lower defense fees.  Given that Allstate brought in $518 million in net income for the most recent 4th quarter of this recession, business is good!

More importantly they have allowed me the freedom of closing all their outstanding claims for minor wrecks, major wrecks, and anything under $10,000.00 in medicals by extending an offer of 3-4x your medical bills, plus $5,000.00 extra for your patience as they have surely yanked you around in the past couple months.  (For example, if your medical bills are $5,000.00, I can offer you $15,000.00 to $20,000.00 + $5,000.00 inconvenience charge--you choose the value you prefer).

All you have to do to get this settlement is mention to your adjuster that Allstate's new Positive Brand Awareness CEO, Floyd S. "Trey" Mills III said it was okay. It's time to enjoy your freedom and move on with your lives. Let us rejoice with this new conscious of such a formerly evil company.

Best wishes with your settlements on this, the 1st of April, commonly referred to as "April Fool's Day".

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I had a good question today by a reader that inquired as to why he had to file suit against the person that harmed him without putting down the insurance company that he had been dealing with.  That is an excellent question and presents so many layers of legal analysis that I am merely going to skim the top and provide a somewhat basic version.

It's because insurance companies lobby big money to be the "man behind the curtain" without ever truly having the target on their backs.  In a trial you can not mention "insurance" for either party regardless of type, ie health insurance, homeowner's insurance, and automobile insurance. Those are considered collateral sources and are not to be given weight by an impartial jury. Yes, yes, we all know about "insurance" even if we were in that magical jury box but it can not be talked about in court by either attorney, plaintiff, or defendant. 

We all know that when you are harmed/injured in a wreck by the negligence, omission, and/or ignorance of another, that person's liability insurance will have to assess the personal injuries and property damage that arise out of all wrecks. OR the "uninsured" policy of your automobile insurance will cover the property damage and personal injuries because the at fault person is without insurance.  Yes, that means your insurance company defends the at fault party against you.

Often times after you leave the scene of the wreck, or incident, in question you never speak with the responsible party. However, you are contacted by the responsible party's insurance company that then gives you the cold shoulder or acts like you did something wrong.  (I appreciate them doing that because it makes my life so much easier).

OR in a really ironic turn of events, your insurance company then defends the at fault party against you because they really don't want you to just walk away with those premiums you have paid for the past couple years.  You have to earn them by fighting your own insurance company for compensation for your injuries and property damage! Hilarious, I know.

Seek legal advice anytime insurance companies are involved. You don't have to retain legal counsel but it doesn't cost you anything to hear what the law really is in a personal injury case vs. what insurance adjusters reading from a computer to save their company money say it is.

I'm just sayin....

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I have always threatened to take an insurance company to arbitration over their ridiculous offers but never had a client that could afford to take the time and roll the dice on a Battle Royal. Ask and you shall receive. *(see a recent update on this article at the bottom).

Today, I partook in my first property arbitration over depreciation, or diminution of value, due to an automobile wreck and subsequent repair of their vehicle.  This was my first because, as an attorney and business venture, it is not worth the time, effort, or eventual outcome to pursue such action, especially when there are personal injuries that arise out of the accident. The personal injury claims are a much more valuable and worthwhile effort for attorneys to assist. However, I did this one pro bono, gratis, and/or "for free". Although I did not gain financially from this venture, I was able to gain through experience.  A much more valuable weapon against evil insurance companies.

With most every car accident arises two causes of actions. 

1. Property Damage: A claim for property damage can be in the amount of actual damages (repair costs), loss of use (not having your car/having a rental), and depreciation/diminution of value (the value of your car before vs. after the accident-given that it was in a wreck); and
2. Personal Injury: Any injury sustained as a result of the physical, mental, and/or emotional impact of the accident, or trauma.

In my case, the plaintiff had her brand new, candy apple red convertible slammed into by a dump truck.  The defendant did not dispute that they were at fault.  The defendant repaired the vehicle and provided a rental but when the plaintiff inquired about depreciation due to the stigma of the car being in an accident, the insurance company said they did not recognize such damages. WHICH IS BULLSHIT and ILLEGAL.  Insurance companies don't make money paying it out, they make money keeping it.  

The highest offer the defendant made was only a couple hundred dollars to my client, even after I became involved.  At arbitration the plaintiff was awarded almost triple the insurance company's highest offer and it was the insurance company's expert testimony that helped the arbitration panel make their determination. 

Why would an insurance company drag this out and only offer a few hundred dollars? That would be because 80-90% of you will go away and the 10-20% that fight them are cheaper to pay off than the 80%.  It is a numbers game. The more you roll over to the insurance companies, the more money they make, and the more they laugh at you. Don't let them laugh at you, fight back!

You don't have to be an attorney to request an arbitration hearing or to file a claim in small claims court. Please go to this link to learn more:

http://www.doi.sc.gov/consumer/auto.htm

South Carolina allows for persons to request an arbitration through S.C. Code Ann. 38-77-730:

 

SECTION 38-77-730. Request for arbitration; no formal pleading and process; arbitration docket; filing of claim; service of summons to defendant.

(a) Any person who is a party to the disputed property damage liability claim may submit his claim for determination through arbitration. No formal pleading or process is required. The clerk of court of each county shall prepare and keep an arbitration docket and set the cases thereon for arbitration as provided by law for the settling of cases in the court of common pleas.

(b) The claim must be filed with the clerk of court in the county in which the cause of action arose or where the plaintiff or defendant resides. The claim must be filed in triplicate with the clerk of court on forms to be provided by him. The forms shall set forth the names of the parties, the date and place of the accident, and the amount of property damage claimed. The clerk shall file one copy in his office, and one copy must be served upon the defendant as provided by law for service of summons and complaints. The sheriff, or such other person, shall promptly serve the claim upon the defendant and shall receive the sum of five dollars to defray the cost of securing this service. The sheriff, or such other person, serving the process shall promptly file an affidavit of personal service with the clerk of court on forms to be provided by the clerk.

(c) There must be attached to, or made part of, the form a summons to the defendant named notifying him that he should file a response with the clerk of court within thirty days from the date of service and that failure to file a response within thirty days entitles the plaintiff to a default judgment. The form must be signed by the party filing it or his attorney, if any, and shall by order of reference show the address of the person signing it.

 

SECTION 38-77-740. Hearing; notice to parties; damages to be awarded; securing attendance of witnesses.

(a) The court, or the clerk acting for the court, shall assign the arbitrators to hear the matter at the courthouse, or other designated place in the county where the claim is filed, within sixty days after the date of filing, or as soon thereafter as is feasible. The clerk of court shall, on a form provided by him, advise the parties or their attorneys of record, if any, by mail as to the place, date, and time of hearing and shall advise the parties to bring all records which may pertain to the claim, including, but not limited to, the following:

(1) Two estimates of damage to the motor vehicle or its contents signed by the estimator.

(2) Signed receipts for car repairs.

(3) Bills or receipts for other property damages claimed.

The forms shall also contain notice to the parties that, if they cannot attend because of illness or otherwise, the clerk of court must be notified as soon as possible with the request that another date be set for the hearing.

(b) Property damages must be awarded as provided by law, including, but not limited to, actual damages, loss of use, depreciation, and any other property damages which are the direct and proximate result of the accident.

(c) The parties may secure the attendance of witnesses by their voluntary appearance or may secure their attendance by subpoenas prepared and issued in accordance with the laws of this State.

 * Modified on December 21, 2009:

Don't think being an attorney affords you any differences when dealing with insurance companies. I recently had to go through the same process with an insurance company as a result of a property damage claim. They forwarded me a check significantly lower than the actual repair costs, rental car invoice, and depreciation. I requested an explanation within 7 days and received none. I filed arbitration pleadings in the proper county and had an offer almost double the initial amount within 3-4 days.  Don't play around with them. File the arbitration papers for $5.00 and then send them an original copy with a reasonable demand.

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I often consult with clients that have been in a single car accident and want to utilize the insurance coverage they have paid on for years because they have "full coverage". Well, liability insurance is just that, it goes in effect when you are at fault for causing someone or something injury and/or damages. Not when you cause yourself injury or damages. People would be running their cars into trees on purpose to get insurance coverage if that were the case.

Accidents happen and those in the "driver's seat", literally and figuratively, have a duty to the passengers in the car.  Passengers traveling in the car during a single car accident often times have claims against the insurance company of the driver.  "Fault", or liability, is a legal term here used to proceed against the insurance company of the driver. Sometimes that driver is your friend, family member, and/or loved one.  However, their insurance premium is going to go up regardless of what you do because they are going to have a "claim" for property damage or simply for the accident.  Thus, you are causing no more trouble and are actually using resources that your friend, family member, and/or loved one has provided for people like yourself. Medical Payments/Personal Injury Protection is additional coverage everyone should have because it benefits every occupant in a car that has been injured, regardless of who is at fault.

Unfortunately there were more than a few single car accidents in Upstate South Carolina this past week as reported by The Greenville News and Anderson Independent:

• Shannon Lee Long, a 26-year-old Easley man, was killed around 3:30 a.m., August 8, 2009, on State 93. Mr. Long was driving in an easterly direction from Easley toward Liberty in Pickens County when the SUV he was driving left the road, struck an embankment and overturned;

• Danny Coker of Honea Path died around 11:45 a.m. Monday, August 10, 2009, along Latimer Mill Road near U.S. 25, when his 2005 Dodge went off the road in a curve and struck a tree;

• Gerald Nix, 63, of Liberty lost control of his Kawasaki motorcycle about 12:20 p.m., August 8, 2009,  on Gillespie Road in Anderson County and crashed into a tree. Mr. Nix was transported by helicopter to Greenville Memorial Hospital; and

• Scarlet Brickhouse (driver) and Kevin McKeithan, both of Richmond, Va., were traveling in a 2004 Ford Explorer on I-85 on Sunday, August 9, 2009, near mile marker 6 while towing a trailer with motorcycles in it that slid from side-to-side which caused Ms. Brickhouse to lose control. The Ford Explorer flipped over on its roof and landed 30 feet to 40 feet below the interstate in a creek.

Be careful out there on the roadways. Regardless of whether you are the driver or a passenger.

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I can't stand by silently watching so many people be duped by the calm, collective gentleman touting the wonders of Allstate Insurance Company through it's "accident forgiveness", "safe driving bonus", & other cute deductible programs through a commercial or website. Reminding people they are in "Good Hands" with Allstate. Those "Good Hands":

• garnered the #1 spot as the worst insurance company in 2008;
• have a website entitled Allstate Insurance Company Sucks that has garnered national attention and received accreditation by Forbes as the #1 Best Corporate Complaint Site;
• Allstate was banned from writing automobile insurance in Florida last year (2008);
• David Berardinelli wrote a book entitled, "From 'Good Hands', to Boxing Gloves", it tells the story of the key role played by management consultant McKinsey & Co. in re-engineering auto insurance claims operations at Allstate Corp. (ALL ) -- and it's a story Allstate doesn't want told.

Let me share another perspective of Allstate Insurance Company (sucks) that you will not find out about until you actually need to use them through a claim, injury, or traumatic event where someone hits you and has Allstate Insurance. Or better yet, and I love it when I explain this to clients, YOU have Allstate Insurance through your Uninsured or Underinsured insurance coverage and they:

• deny your claim or play hardball;
• Delay your claim; and
• Or the funniest, make you have to file a law suit while they defend the at fault party. That's right they (Allstate) defend the party that caused you injury while you try and get compensated through your Underinsured coverage.  Ask a representative today if you think I am lying.

If you have never had to file a claim or utilize the benefits of your own insurance coverage then you have no idea the process that you have to go through when dealing with Allstate. 

Allstate may provide you with a couple dollars savings over another insurance company on the front end but what good is paying an insurance premium if you are not going to be able to utilize those benefits when you need them?--Trey Mills

When Allstate gives you problems, hold on tightly and give us a call to try and get their hands off from around your neck.

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Don't panic. You have just been in a wreck and your vehicle was totaled or determined to be undriveable. The other driver was put at fault by the investigating officer. What do you do now?

1. Take note of which towing service takes your vehicle. This is after you take tons of pictures to the damage on your vehicle and the other vehicles.
2. Contact the at fault driver's insurance information that is located on the FR-10, or green incident report, completed by the officer.
3. Report the wreck to the at fault driver's insurance company but do not agree to a recorded statement or further inquiry on the phone.
4. Identify to the at fault driver's insurance company that your vehicle was damaged and you need a rental.
5. If the at fault driver disputes the officer's determination of liability (that they were indeed at fault) then the at fault driver's insurance company will dispute paying for your vehicle and giving you a rental.
6. Order the more detailed FR-50, two page accident report, from the South Carolina Department of Motor Vehicles.  (You will have to send in $6.00 so click on the hyperlink for the address).
7. Demand a rental car of like kind. They will say no, but ask and plead anyway.
8. If your car is determined to be "totaled", then you will need to determine the value of your car based upon its mileage, year, overall condition, and essentially what it would take to replace exactly what you had before the wreck. 
9. Go to Autotrader.com, Edmonds.com, NADAguides.com, or KBB.com and try and find a vehicle just like yours within a 50 mile radius of where you live to get an idea of what your vehicle is worth. Send those examples to the adjuster if you do not like the number they offer.
10. Two (2) claims arise out of the majority of wrecks: a property damage claim and a personal injury claim.  Make sure if you settle your property damage claim that you ONLY settle your property damage claim and not your personal injury claim. Yes, insurance companies trick people all the time by having them sign away both claims.
11. If the at fault driver's insurance company is taking an inordinate amount of time and you have coverage on your insurance, then file your property claim with your insurance company. Yes, the otherside was at fault but this will get the problem solved and you will be reimbursed your deductible when the at fault driver's insurance company finally pays.
12. If you are not provided a rental vehicle immediately after the wreck and you are without your vehicle for a period of time before you are offered a settlement on your property damage. You are entitled to "loss of use" for the time you are without your vehicle. The owner may recover the value of the automobile’s use during the time in which he was necessarily deprived of its use. Adams v. Orr, 260 S.C. 92, 98 (S.C. 1973).
     

My clients are most frustrated with property damage. I am most interested in your personal injury claim. That is why I provide you with this very comprehensive guideline when dealing with insurance companies over property claims.

If you have questions about your insurance policy, read my "Full Coverage" article.

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"Let's Talk About Insurance"

(Punch it, Jim Yo, Lawyers can’t talk about this in court
Come on, why not?
People might misunderstand what they're tryin' to say, you know hear the truth about this lady being able to afford 10 times this poor injured person's medical bills and impairments?
No, but that's a part of life)

Come on

[CHORUS]

Let's talk about insurance, baby
Let's talk about “He” and “She”
Let's talk about all the good things
And the bad things that may be
Let's talk about insurance
Let's talk about insurance

Let's talk about insurance for now to the people at home or in the office
It keeps coming up anyhow
Don't deny, delay, and defend like Allstate or make void the topic
Cuz that ain't gonna stop it
Now we talk about insurance in our offices, on the phone with adjusters, with defense attorneys being paid by the hour
Too bad our clients and the public don’t know, anything goes
Let's tell it how it is, and how it could be
How it was, and of course, how it should be
Those who think it's dirty have a choice
Pick up the pen, phone, or email and tell your Department of Insurance off
Will that stop US Chamber from bad commercials or adjusters from lying to clients prior to representation, Pep?  I doubt it
All right then, come on, Spin

[CHORUS]

Hot to trot and confusing, too many options make any man's wallet pop
Insurance Companies use what they got to get whatever they don't got
Unsavvy consumers drool like fools, but then again they're only human
This person was hit because the other driver behind them was really moving
Texting, chatting, drinking, playing with the child seat in the backseat
Nothin' they ever swore was ever common
The mistakes were always in place, thanks to lobbying insurance to heads of state, men of distaste
hospital administrators, doctors, insurance adjusters, defense attorneys, no one is able to be self-insured with her not to get with
Or even mess with, the U.S. Chamber of Commerce she says was next on her list
And believe me, you, it's as good as true
There ain't a Chamber alive that Insurance Companies couldn't get next to
Insurance Companies had it all in the bag so they should have been glad
But they were mad and sad and feelin' bad
Thinkin' about the things that they never had
No truth, facts, or empirical evidence to make claim for reform,no frivolous lawsuits to actually point to, no common sense approach to claims adjusting, no mention to their insured’s that they actually represent at fault drivers in uninsured claims, just butt sex, followed next without a check and a note
That last night was denied!

Let's talk about insurance, baby (deny it)
Let's talk about “He” and “She” (delay it, defend it)
Let's talk about all the good things
And the bad things that may be
Let's talk about insurance (on your home, auto, or self)
Let's talk about insurance (don’t do it)
Let's talk about insurance (Oo No)
Let's talk about insurance

Ladies, all the ladies, louder now, help me out
Come on, all the ladies - let's talk about insurance, all right
[repeat]

(Yo, Pep, I don't think they're gonna print this in the paper)
And why not? Everybody has insurance
I mean, everybody should be paying their premiums and asking questions
Come on, how many people you know actually ask questions and look behind the false claims, misleading marketing by Chamber of Commerce and other Justice Deformers?
Not too many jurors I know)

[CHORUS]

  For those humming "Let's Talk About Sex" 

  I recommend clicking this and re-reading the article:

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M.P. McQueen of "The Wall Street Journal" reports that:

More drivers are letting their car insurance lapse because of the sour economy, putting themselves and others at risk........

Ms. McQueen quoted Robert Hartwig, president of the Insurance Information Institute, as saying:

"A good proportion of people on the road are either uninsured or underinsured, and so you have to protect yourself... "

"Your odds of being in an accident with an uninsured driver are substantial."

As I reported in my "Full Coverage"  article:

Minimum insurance limits in the South Carolina are mandated by S.C. Code Ann. § 38-77-140 and at the present time are 25,000/50,000/25,000. Likewise, UM, or uninsured coverage is mandatory but you should carry higher than the minimum limits.

Insurance coverages that protect you when someone is uninsured, underinsured, or is covered with Allstate are below: (insurance companies don't want you to know about them because it costs them money in the long run):

1. UIM- In accordance with S.C. Code Ann. § 38-77-160, this is optional coverage you can purchase in the event that damages are sustained in excess of the liability limits carried by an at-fault insured (driver) or underinsured motorist. Remember minimum coverage is $25,000.00 per one person.
2. UM-This is uninsured coverage and essentially your insurance company will defend the at fault person against you. HUH? Read it again. That's right! You're own insurance company defends the uninsured person against you. Why? Insurance companies don't make money paying you money, that includes your insurance company. Call and ask them if you think I am being untruthful.
3. PIP/MEDPAY- This is the greatest insurance ever. If you do not have it, you're an idiot. It's cheap, too.
4. GAP Coverage-Gap insurance covers the difference between what the insurance company says your car is worth versus what's left on your car loan, or note.

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The Insurance Institute for Highway Safety is an organization dedicated to reducing the losses — deaths, injuries, and property damage — from crashes on the nation's highways and is wholly supported by auto insurers (read insurance companies).

In a news release dated December 17, 2008, the IIHS reports (important parts underlined):

Rear crashworthiness needs improving:  Many automakers haven't paid as much attention to protection in rear crashes, compared with front and side, Nolan points out. Good seat/head restraints are key to preventing whiplash injuries. Neck sprain or strain is the most frequently reported crash injury in US insurance claims. When a vehicle is struck in the rear and driven forward, its seats accelerate occupants' torsos forward. Unsupported, the head will lag behind the forward torso movement, and the differential motion causes the neck to bend and stretch. The higher the torso acceleration, the more sudden the motion, the higher the forces on the neck, and the more likely a neck injury is to occur. Keeping the head and torso moving together is crucial to reducing whiplash injury risk. To accomplish this, the geometry of a head restraint has to be adequate — high enough to be near the back of the head. Then the seat structure and stiffness characteristics must be designed to work in concert with the head restraint to support an occupant's neck and head, accelerating them with the torso as the vehicle is pushed forward.

"In stop and go commuter traffic, you're more likely to get in a rear-end collision than any other kind of crash," Nolan says. "It's not a major engineering feat to design seats and head restraints that afford good protection in these common crashes."

In these whiplash tests and throughout the article no mention was given to the amount of property damage done to the car. Can you believe that? This was testing done by insurance companies and they didn't mention a single word about the amount of property damage done to the rear of the vehicle as an indicator of personal injury.  This article mentioned "acceleration", "sudden motion", and "higher forces to the neck."  Well surely these vehicle tested impact at a high speed?

Rear crash protection is rated according to a two-step procedure. Starting points for the ratings are measurements of head restraint geometry — the height of a restraint and its horizontal distance behind the back of the head of an average-size man. Seat/ head restraints with good or acceptable geometry are tested dynamically using a dummy that measures forces on the neck. This test simulates a collision in which a stationary vehicle is struck in the rear at 20 mph. Seats without good or acceptable geometry are rated poor overall because they can't be positioned to protect many people.

If you are currently dealing with an insurance adjuster or company on a wreck claim, print this article out from IIHS' website and send it to them.  Make sure you highlight the portions above if you have been in a rear end collision. It may not matter because they only do what their computer tells them but it will make you feel better.

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P.I.P, or Personal Injury Protection/Medical Payments, insurance coverage is not well known or well publicized.  This type of insurance coverage can play a crucial role if you or someone you love is involved in an automobile wreck.  The most advantageous element of this coverage is the "no-fault" aspect. 

• S.C. Code Ann. § 38-77-144 indicates that PIP coverage is not mandated but if an insurer sells no-fault insurance coverage which provides personal injury protection, medical payment coverage, or economic loss coverage, the coverage shall not be assigned or subrogated and is not subject to a setoff.
• What does all this mean?  Insurance is just that- insuring against a potential risk.  As I mentioned in my "Full Coverage" article, you get what you pay for. 
• PIP is optional insurance coverage and is relatively inexpensive.
• PIP covers you and the other occupants in your car that have your permission to be there. 
• If you cause the wreck, you still have coverage. 
• If you did not cause the wreck, you still have coverage IN ADDITION to any personal injury claims that may arise.

G.I. Joe always helped information sink in when they parted by stating,"Knowing is half the battle!"

Tell your insurance agent you want PIP/Medical Payments coverage on your insurance policy-today.

DISCLAIMER: I do not get kickbacks from insurance agents! However, if you have been injured, I can not go after coverage that you never had to begin with!

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Headed down to Atlanta this weekend to learn how to be a better attorney through the help and guidance of more seasoned veterans.

As the South Carolina Association for Justice's website indicates:

This seminar has been described as "the best seminar in the region, if not the country". Each year the SCAJ's Auto Torts Seminar is scheduled for the first weekend after Thanksgiving weekend at the Ritz Carlton Buckhead, in Atlanta Georgia. Trial lawyers from across the south gather to hone their skills, earn 10 hours of CLE credit (including 1 hour of ethics) and experience the best holiday shopping, entertainment and food Atlanta has to offer.

A rigorous schedule of intense seminars and break-out sessions squeeze in plenty of "independent time" for further reflection.  The sacrifices a poor, plaintiff's attorney makes in trying to better their trade.

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Dealing with Allstate on a routine basis for personal injury claims, I know how they frustrate me to no end.  However, I was interested to see the amount of Google entries for this title.

• Ironically, there has been a website formed for people to vent their frustrations against this company, appropriately named Allstate Insurance Company Sucks. This website provides past victims a place to vent their frustrations, do research, or find a "Cool Attorney."  I found it even more amusing that the site had garnered national attention and received accreditation by Forbes as the #1 Best Corporate Complaint Site.
• Outside of consumer angst, this insurance company has garnered another #1 ranking with the American Association of Justice as the Worst Insurance Company in 2008.
• Business Week wrote an article entitled, "In Tough Hands at Allstate", detailing the epic battle plaintiff's attorney,  David Berardinelli, has embarked upon.
• David Berardinelli wrote a book entitled, "From 'Good Hands', to Boxing Gloves", it tells the story of the key role played by management consultant McKinsey & Co. in re-engineering auto insurance claims operations at Allstate Corp. (ALL ) -- and it's a story Allstate doesn't want told.
• Allstate was banned from writing automobile insurance in Florida this year (2008).
• An article on CNN.com entitled, "Auto Insurers Play Hardball in Minor-Crash Claims", specifically cited Allstate and State Farm for incorporating a strategy of  "deny, delay, defend."
• At press time of this article, Allstate's newsroom, where the McKinsey Reports are located, was showing some type of "error" in trying to retrieve those documents.

Are you really in good hands? Or should you consult an attorney anytime you see a name followed by the word "insurance"?

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When I turn to my clients and ask them about their automobile coverage, they quickly respond back that they have "Full Coverage".  Full coverage to them and full coverage to me are two different things. My idea of full coverage is below:

1. $100,000/$300,000/$100,000 Liability and Property Coverage ( Minimum insurance limits in the South Carolina are mandated by S.C. Code Ann. § 38-77-140 and at the present time are 25,000/50,000/25,000. Likewise, UM, or uninsured coverage is mandatory but you should carry higher than the minimum limits).
2. Personal Injury Protection/Medical Payments (PIP/Medpay)- $25,000.00.  This is no fault insurance that protects you and other occupants of the car. This is optional coverage you can request that is very inexpensive.
3. Underinsured Motorist Coverage (UIM)- $100,000.00. In accordance with S.C. Code Ann. § 38-77-160, this is optional coverage you can purchase in the event that damages are sustained in excess of the liability limits carried by an at-fault insured (driver) or underinsured motorist. Remember minimum coverage is $25,000.00 per one person.
4. Comprehensive/Collision Coverage-Again these are optional coverages you can get that provide deductibles you pay to have your automobile repaired if it is in a collision or damaged as a result of something other than collision, ie fire, theft, weather, vandalism, etc (comprehensive). Often times collision coverage is required if you finance your vehicle through a bank, or lender.
5. GAP Coverage-Gap insurance covers the difference between what the insurance company says your car is worth versus what's left on your car loan, or note. I was not going to include this in my "Full Coverage" but in the past few weeks I have had 3 clients that would pay triple their premium in exchange for GAP coverage.  

Full coverage to my clients usually means the bare minimum it takes to drive on the roadways of the state of South Carolina. As stated above, that would be liability coverage if you cause injury or property damage to someone else at $25,000/$50,000/$25,000 and Uninsured Motorist Coverage for incidents where you are injured by someone that failed to follow the law and carry the minimum insurance coverage. The amounts I use above can be adjusted to fit in each individuals budget. If you carry the bare minimum required by law, just remember the old adage that "You get what you pay for!"

INSURANCE is just that, coverage and protection when losses are injuries occur to you or your family as a result of the negligence or lack of responsibility of another party.  Be prepared when that time comes. The South Carolina Department of Public Safety put out a report a few years ago that indicated a traffic wreck occurred every 4.7 minutes.

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