LundyLaw | Injury Law Blog

marvinlundy February 26th, 2010

Buying auto insurance is confusing. Save a few dollars here, and you may cost yourself a few thousand there. Many people unknowingly choose policies that don’t provide enough coverage if they are involved in an accident.

To get the right insurance, you have to understand what you’re buying.  For example, do you know the difference between Full Tort and Limited Tort? How much Bodily Injury Liability Coverage should you have if you live in Pennsylvania, New Jersey or Delaware?

If you don’t know, you’re not alone. Most people don’t know much at all about automobile insurance, so we’ve prepared a short list of terms that you’ll need to know if you need to know.

Full Tort vs. Limited Tort:

Tort law addresses and provides remedies for civil wrongs other than those arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries.

So, in short, if you are injured and someone else’s negligence caused you to be injured, tort law covers your ability to recover damages from the negligent party.

When purchasing automobile insurance, you are given two options, one of which significantly limits your ability to make a recovery in the event that you are injured in an accident that wasn’t your fault.

In Pennsylvania, this is known as the “Limited Tort” option. In Pennsylvania, purchasers of the “Limited Tort” option must suffer from a significant loss of bodily function in order to collect for their pain and suffering, leaving themselves exposed in the event that they are badly injured but do not meet the legal definition of a significant loss of bodily function.

LundyLaw STRONGLY recommends that you purchase the ”Full Tort” option.

In New Jersey, this is known as the ”Verbal Threshold” option. It can also be referred to as the “Tort Limitation” option. In New Jersey, purchasers of standard automobile insurance policies who limit their right to sue a negligent driver by electing the “Verbal Threshold” or “Tort Limitation” option can only sue if they sustain a bodily injury that results in death, dismemberment, significant disfigurement, significant scarring, displaced fractures, loss of a fetus, or a permanent injury.

LundyLaw STRONGLY recommends that you purchase the “Zero Threshold” option.

In Delaware, there is no threshold limiting your ability to recover for your injuries, meaning that all Delaware automobile insurance policies carry the equivalent of Pennsylvania’s “Full Tort” and New Jersey’s “Zero Threshold” options. While people often choose Limited Tort or Verbal Threshold to save on their premiums, Lundy Law STRONGLY recommends the Full Tort /Zero Threshold  option.

Why? With a Full Tort /Zero Threshold selection, you retain unrestricted rights to bring suit against the negligent party. With a Limited Tort /Verbal Threshold option, you are not able to recover certain damages, most importantly  payments for  your  pain and suffering.

Bodily Injury Liability Coverage:

These provide benefits to pay claims against the policyholder if he or she is found legally responsible for causing the accident. All states require minimum Bodily Injury Liability and Property Damage Coverage. However, many have minimum limits that can leave you seriously exposed.

Lundy Law STRONGLY recommends that you purchase  liability coverage in the amount of,  at  the very least, $25,000 per person and $50,000 per occurrence , and if you can afford it, you should really be carrying liability coverage in the amount of  $100,000 per person and $300,000 per occurrence.

Why? The reason is that your insurance company will only pay expenses up to the limit of your coverage. If a judgment is entered against you that exceeds the limit, you can be held personally responsible for the difference. On top of that, you are able to purchase what is known as “Uninsured/Under Insured Motorist” coverage equal to, but, not greater than the amount of liability coverage you purchase.

So in other words, in order for you to adequately protect yourself against uninsured and under insured drivers, you must have an adequate amount of liability coverage.

Uninsured/Underinsured Motorist Coverage:

Uninsured Motorist covers benefits to the insured if he or she is injured by a driver carrying no insurance. Underinsured Motorist coverage pays benefits to a policyholder if he or she is injured by a motorist who has inadequate insurance to pay for the property damage, medical expenses and pain and suffering that the claim warrants. Lundy Law STRONGLY recommends that you purchase Uninsured/Under Insured Motorist Coverage in the amount of, at the very least,  $25,000 per person and $50,000 per occurrence ,   and if you can afford it, you should really be carrying UM/UIM coverage in the amount of $100,000 per person and $300,000 per occurrence.

Why? Because statistics show that the amount of uninsured drivers on the road today is at an all time high. Incredible as it seems, you can lose out if you’re in an accident with another motorist who doesn’t have insurance. As well, many people are under insured, leaving you at risk when damages exceed the coverage.

Medical Expense Benefits Coverage:

This coverage typically pays medical, hospital, lost-income and disability expenses on behalf of the policyholder. The minimum amount of Medical Expense Benefits Coverage in Pennsylvania is $5000.  The problem is, in today’s world, if you are hospitalized, $5,000 can disappear in a flash. For this reason, Lundy Law STRONGLY recommends at least and preferably more than $25,000 in Medical Expense Benefit Coverage.

Why? Because with the cost of medical treatment, you can very quickly exceed your coverage, requiring that you pay these expenses out of pocket.

In Delaware, Medical Coverage provided under a Delaware Automobile policy pays 100% of any related medical expenses until coverage is exhausted. There is no fee reduction or co-pay that must be paid. Because coverage pays 100 percent coverage we STRONGLY recommend that you obtain at least $25,000 in coverage.

Summing It Up:

It’s unfortunate, but too many people find out the hard way that their auto insurance is inadequate, putting their family and their financial security at risk.

Don’t let it be you. Check your declarations form, the page from your insurance company that lists your insurance coverage. Remember, you can change your policy at any time. So, if you find that you’re under the limit, call your insurer.

If you have any questions about how much insurance you should buy, call Lundy Law at 215-567-3000 or visit us online at LundyLaw.com.

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• Auto Accident , lundylaw
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marvinlundy July 30th, 2010

My doctor once said something that has stuck with me: “Hospitals are a bad place to be when you’re sick.”

What he meant is that hospitals are Petri dishes, filled with germs that want to make themselves at home in you.

These germs can be lethal. According to the Centers for Disease Control (CDC) nearly 100,000 people die from hospital acquired infections. While you can’t always avoid a hospital stay, there are some of things you can do to protect yourself, or those you love. Here are 10 suggestions from RID, the Committee to Reduce Infection Deaths:

1. Ask that hospital staff clean their hands before treating you, and ask visitors to clean their hands too. This is the single most important way to protect you in the hospital. If you’re worried about being too aggressive, just remember your life could be at stake. All caregivers should clean their hands before treating you. Alcohol-based hand cleaners are more effective at removing most bacteria than soap and water. Do not hesitate to say: “Excuse me, but there’s an alcohol dispenser right there. Would you mind using that before you touch me, so I can see it?” Don’t be falsely assured by gloves. If caregivers have pulled on gloves without cleaning their hands first, the gloves are already contaminated before they touch you.

2. Before your doctor uses a stethoscope, ask that the diaphragm (the flat surface) be wiped with alcohol. Stethoscopes are often contaminated with Staphylococcus aureus, the bacteria that causes staff infections.

3. If you need a “central line” catheter, ask your doctor about the benefits of one that is antibiotic-impregnated or silver-chlorhexidine coated to reduce infections.

4. If you need surgery, choose a surgeon with a low infection rate. Surgeons know their rate of infection for various procedures. Don’t be afraid to ask for it.

5. Beginning three to five days before surgery, shower or bathe daily with chlorhexidine soap. Various brands can be bought without a prescription. It will help remove any dangerous bacteria you may be carrying on your own skin.

6. Ask your surgeon to have you tested for methicillin-resistant Staphylococcus aureus (MRSA) at least one week before you come into the hospital. The test is simple, usually just a nasal swab. If you have it, extra precautions can be taken to protect you from infection.

7. Stop smoking well in advance of your surgery. Patients who smoke are three times as likely to develop a surgical site infection as nonsmokers, and have significantly slower recoveries and longer hospital stays. OK, maybe this is easier said than done, but won’t you be thrilled with the results?

8. Avoid a urinary tract catheter if possible. It is a common cause of infection. The tube allows urine to flow from your bladder out of your body. Catheters are sometimes used when busy hospital staff members are too busy to walk patients to the bathroom. If you have a catheter, ask your caregiver to remove it as soon as possible.

9. If you must have an IV, make sure that it’s inserted and removed under clean conditions and changed every 3 to 4 days. Your skin should be cleaned at the site of insertion, and the person treating you should be wearing clean gloves. Alert hospital staff immediately if any redness appears.

10. On the day of an operation, remind your doctor that you may need an antibiotic one hour before the first incision. For many types of surgery, a pre-surgical antibiotic is the standard of care, but it is often overlooked by busy hospital staff.

Ideally, you should choose a hospital with a low infection rate, although finding out this information can be nearly impossible. While many states collect data on infections that lead to serious injury or death, few publish this data.

Pennsylvania is one state that has begun publishing hospital infection rates. For a breakout of the best and worst infection rates in Pennsylvania, take a look at the Pennsylvania Department of Health 2009 Technical Report Healthcare Associated Infections (HAI) in Pennsylvania Hospitals, starting on page 23.

The Consumers Union provides an annual report card on hospitals in Pennsylvania, New Jersey and Delaware, although they require a subscription to access the data.

Ultimately, you can have an impact on your safety by demanding that certain steps be taken. Don’t take no for an answer. It’s your health at stake.

If you believe that your hospital infection was caused by unsafe conditions in a hospital, you need to talk with an attorney.  Call the medical malpractice attorneys at Lundy Law. We’ll let you know if you have a case.

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• Medical Malpractice , Nursing Home Injury , lundylaw
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marvinlundy July 28th, 2010

Women are increasingly riding motorcycles. Here’s a clip on NBC about ways to keep safe on the road.

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• Motorcycle Accident , lundylaw
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marvinlundy July 28th, 2010

Parents, it’s always a good idea to watch for toys that your child can swallow, or which they can put around their necks. There was a recent incident involving a McDonald’s Happy Meal toy. See below.

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• Unsafe Product , lundylaw
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marvinlundy July 27th, 2010

In continuing coverage, the Washington Post (7/23, Aizenman) reports, “Nonprofit health insurers may be setting aside unnecessarily large surpluses even as some of them continue to raise premiums, according to an analysis by” Consumers Union, “a consumer rights group,” which “found that seven of 10 Blue Cross Blue Shield affiliates examined had amassed surpluses more than three times the level regulators deemed necessary for them to remain solvent.” The Post explains that “an insurance plan’s surplus is essentially the revenue it raises from premiums and investments minus expenses such as the cost of paying medical claims. Companies must maintain enough surplus to protect them from unexpected expenses and losses,” yet, “how much surplus is too much is a matter of some debate.” The Wall Street Journal (7/23, Gerencher) also covered the story.

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• health insurance , lundylaw
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marvinlundy July 27th, 2010

This should be a ray of hope to anyone who has had their medical claim denied.

USA Today (7/23, Young) reports, “Consumers will get new and expanded rights to appeal denials of health insurance claims under federal regulations released Thursday.” These “rules, part of the nation’s new health care law, will make it easier for consumers to dispute an insurer’s decision within the plan and require coverage to continue during the appeal, said Phyllis Borzi, an assistant secretary in the Department of Labor.” Meanwhile, HHS announced on Thursday “a $30 million grant program for states to create or strengthen programs that help consumers find insurance and challenge claims denials.” Jay Angoff, director of HHS’ Office of Consumer Information and Insurance Oversight, “said the rules and grants will help end ’some of the worst’ insurer abuses: ‘For too long, consumers have been forced to fend for themselves.’”

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• health insurance , lundylaw
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