Insurance Questions

After June of 2010 it will be illegal for motorists to drive without insurance. The mandatory insurance law just approved as part of the state budget won’t make motorists prove they have insurance unless they are pulled over by the police for an unrelated traffic violation.

The Department of Transportation is still ironing out the details, but we know this much:

• Wisconsin drivers will be required to carry with them proof, e.g. a card or a letter from an insurer.
• If a driver is stopped on suspicion of a traffic violation, the officer can ask for proof of insurance. A $10 ticket can be issued if the driver has insurance, but fails to provide proof. Those who don’t have insurance may be fined up to $500.
• Underinsured motorist coverage will be required for state drivers on new or renewed policies starting November 1st.
• Motorists will need to have a policy providing at least $50,000 in bodily injury coverage for one person, $100,000 in bodily injury coverage per accident and $15,000 to cover property damage.

A $17 million verdict from a class-action lawsuit over aftermarket vehicle parts was reinstated against American Family Mutual Insurance by a Missouri appeals court.

In March 2008, jurors found American Family had damaged approximately 319,000 Missouri residents who made vehicle repair claims between May 1990 and December 2004 by paying for the repairs based on the cost of cheaper aftermarket parts. The plaintiffs alleged that the cheaper parts were inferior.

However, Jackson County Circuit Court Judge Edith Messina threw out the verdict three months later. She said that the plaintiffs hadn’t proven that American Family hadn’t paid them enough to return their vehicles to pre-accident condition.

The appellate panel disagreed, saying the plaintiffs “presented sufficient evidence for a reasonable juror to conclude that aftermarket parts are not of like kind and quality to (original manufacturer) parts and that American Family breached its contacts with its policyholders when it paid to return the damaged vehicle to pre-loss condition based on the nature and cost of aftermarket parts.”

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling car accident cases through out the state. Our Wisconsin injury attorneys have successfully represented injured people in almost every county. We know Wisconsin.

Actually, there is rarely anything “Independent” about medical exams requested by an insurance company.  The insurance company pays for the exam.  It’s easy to understand that the doctor is biased.  This quote from an “Independent” medical doctor is eye opening:

“If you did a truly pure report,” he said later in an interview, “you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”

Read the story from the New York Times.  It deals with workers’ compensation in New York, but it is certainly relevant for Wisconsin’s workers’ compensation claims.

Something interesting about this article is the changes that NY has implimented for its “I.”M.E.’s.  They allow the exams to be tape recorded or videotaped.  Seems reasonable to me!  In Wisconsin, personal injury law plaintiffs’ attorneys who ask that an exam be taped or recorded receive a strong objection from the insurance company.  Sometimes even having a friend or family member attend an exam isn’t allowed.

Last I checked, no Wisconsin Appellate Court has held whether a Defense Medical Exam (that is a more accurate description) performed for a personal injury claim may be tape recorded or videotaped.  Federal Courts have held that a Defense Medical Exam regarding a psychiatric examination may be recorded.  Zabkowicz v. West Bend Co., 585 F. Supp. 635 (E.D. Wis. 1974). (See this outline from an Insurance Defense Firm located in Milwaukee, Wisconsin).

-Attorney Jonathan Groth

The Wisconsin Supreme Court made a one-of-a-kind decision last week in ruling cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries.

The court ruled that Brittany Noffke, a Holmen High School varsity basketball cheerleader, cannot sue a teammate who dropped her during a practice routine. The court also said that she cannot sue the school district for the coach’s alleged lack of supervision.

The Court had to decide whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

Despite the law failing to mention which sports qualify and the District 4 Court of Appeals ruling last year that cheerleading doesn’t qualify because there’s no contact between opposing teams, all seven members of the Supreme Court agreed to overturn the decision.

Justice Annette Ziegler said the sport has “a significant amount of physical contact between the cheerleaders that at times results in a forceful interaction between the participants.”

Noffke fell backwards off the shoulders of another cheerleader resulting in a head injury.

Justice Ziegler said the school district cannot be sued for the coach’s behavior under a Wisconsin law that shields the government agencies from lawsuits for the actions of employees.

Cheerleading accounted for nearly 2/3 of fatal, disabling or serious injuries between 1982 and 2007, according to the National Center for Catastrophic Sports Injury Research. Parents make sure you have good health insurance, discuss the risks with your child and speak with the coach about safety during practice.

-Attorney Jonathan Groth

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

I was asked recently about a worker’s compensation question.  For full disclosure I handle only workplace injuries against third parties.  For example, if you are driving a work vehicle and involved in a car accident, then I would help you obtain compensation for pain and suffering, mileage to the doctor, doctors bills, property damage, rental vehicle and lost wages etc. This claim is against the at-fault driver, i.e. the third party.

In addition to the claim against the at-fault driver, the injured person has a claim with workers compensation insurance.  These types of claims are called first party claims.  I don’t handle these.  But, I work with attorneys across Wisconsin who do a great job.

Anyway, the question was whether an employer can force an employee to sign a contract to waive any worker’s compensation benefits.

This is what I found from Wisconsin’s Office of the Commissioner of Insurance:

An employer subject to the Act may not withhold or collect any money from employees or any other person, including independent contractors and subcontractors, to pay for worker’s compensation insurance. To do so is illegal. Also, no agreement by an employee waiving rights to compensation is valid. [s. 102.16 (3) and 102.16 (5), Wis. Stat.]

-Attorney Jonathan Groth

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The percentage of family income spent on auto insurance by Wisconsin residents is the third lowest in the country.  According to Auto Insurance Report, a family with a median income of $72,495 has an average auto insurance expenditure of $590.

Only North Dakota and Iowa had a lower ratio of auto insurance premium to family income than Wisconsin.  Wisconsin had a premium to income ratio of .81 percent.  The highest ratio was in Louisiana.

“Motorists in Wisconsin enjoy the benefits of a highly competitive insurance marketplace,” said Andrew Franken, president of the Wisconsin Insurance Alliance.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

A new report discusses how insurance companies make their money.  This shouldn’t be a surprise.  They take in as much as they can in premiums and pay out as little as possible in claims.

Insurance companies are supposed to act in good faith with their insured and on behalf of their insured when dealing with someone their insured injures.  Arbitrary denials and low offers for no reason are not good faith.

Read the report.  You’ll get a feel for what personal injury attorneys deal with day in, day out.  You’ll understand why Allstate, Farmers, Progressive, et al., get on our nerves.

-Attorney Jonathan Groth

Teen Driver Safety Week is a great time to discuss your teen driver’s insurance coverage.  

This might not come as a big surprise to most, but don’t forget to insure these new drivers by adding them to your policy or having them purchase a policy of their own.  The new drivers are not covered under your policy unless you add them.  Remember the statistic in our earlier post, Wisconsin teens account for 13% of drivers involved in crashes throughout the state. 

Take a look at our Insurance Questions section or use the link below to learn more about auto insurance coverage in Wisconsin:

State of Wisconsin Office of the Commissioner of Insurance

Also, make sure your teen driver has sufficient Underinsured and Uninsured motorist coverage.  Its one thing to protect yourself with liability coverage, but it’s another to make sure you’re protected if you’re hit by a motorist with insufficient coverage.  Here’s a link to a previous post that discusses UM/UIM coverage.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state. Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The period of time it takes to settle depends upon the nature of the accident and the extent of your injuries. We will attempt to settle your case after you have completed medical treatment, medical opinions are final and we know the extent of all of your damages. Once the claim is submitted to the insurance company for settlement, it usually takes the insurance company about thirty (30) days to contact us with its response.

If the insurance company denies liability or damages, a lawsuit may be necessary. Obviously, if a lawsuit is filed, it will extend the period of time before any resolution. You should remain patient and firm in your pursuit of full compensation for your damages. 

Nursing home abuse and neglect cases are a bit different.  Here’s a look at how we handle nursing home cases.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state. Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.