We get a lot of consumer calls like this.
Police have the authority to issue citations based on their interpretation of the accident scene and the rules of the road. Drivers who disagree can make their case in traffic court.
But here's the key thing when it comes to insurance: A citation doesn't necessarily establish the issue of negligence, which can include factors including your own driving behavior, weather, speed and visibility. And the reality is that insurers sometimes attribute some portion of fault to both drivers rather than rely solely on who got a ticket at the scene. If an insurer does that, however, they should explain the basis for their decision.
Want to know more? Here in Washington state, the law that allows for this apportionment of fault is RCW 4.22, titled "Contributory fault."
Here's more about your rights when you file an auto insurance claim, and guidelines on what to do if you're in an accident and what to do if you're hit by an uninsured driver.
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Thursday, April 23, 2015
Insurance: When a car is burglarized
Q: My clothes, camping gear, camera and guitar were stolen from my car. Will my auto insurance pay for these things?
A: Maybe, but there may well be dollar limits for things like clothing, sports equipment, etc. that might be incidental to an outing or vacation. Your auto policy would specify those limits. (We had an odd fraud case a couple of years ago involving a man who kept claiming that his $33,000 collection of silk neckties was being stolen from his car.)
For things that are generally considered personal property, rather than auto-related property like a spare tire, jack, or roadside emergency kit, you might be able to file a homeowner's or renter's insurance claim. Talk to your agent or insurer -- and think about your deductibles. If you have a high deductible, it may not be worth it to file a claim for a small loss.
Note: This is one of a series of common -- or in some cases, particularly unusual -- questions received by our consumer advocacy staff, who answer questions from consumers.
Got a question or insurance problem of your own? If you live in Washington, feel free to give us a call, toll-free at 1-800-562-6900. We'll do our best to help. (And if you live in another state or territory, here's a handy map that lists the contact info for your local insurance regulatory office.)
A: Maybe, but there may well be dollar limits for things like clothing, sports equipment, etc. that might be incidental to an outing or vacation. Your auto policy would specify those limits. (We had an odd fraud case a couple of years ago involving a man who kept claiming that his $33,000 collection of silk neckties was being stolen from his car.)
For things that are generally considered personal property, rather than auto-related property like a spare tire, jack, or roadside emergency kit, you might be able to file a homeowner's or renter's insurance claim. Talk to your agent or insurer -- and think about your deductibles. If you have a high deductible, it may not be worth it to file a claim for a small loss.
Note: This is one of a series of common -- or in some cases, particularly unusual -- questions received by our consumer advocacy staff, who answer questions from consumers.
Got a question or insurance problem of your own? If you live in Washington, feel free to give us a call, toll-free at 1-800-562-6900. We'll do our best to help. (And if you live in another state or territory, here's a handy map that lists the contact info for your local insurance regulatory office.)
Wednesday, April 22, 2015
Did a medical provider refuse service based on your plan? We want to hear from you!
Our consumer advocates in recent weeks have heard from a handful of consumers that medical providers have refused to see them because they purchased health insurance through Washington Healthplanfinder, our state’s health benefit exchange. The consumers reported a couple of scenarios:
- They scheduled an appointment with a medical provider. The provider’s office later canceled the appointment because they say they are not accepting insurance that was purchased through the Exchange.
- Consumers contact providers listed as being in their network to find out if new patients are being accepted, and are told yes. The provider’s office later calls the consumer and tells the consumer they aren’t accepting plans purchased through the Exchange. In most cases, the insurance plans are confirming the providers are in the plan’s network.
We’ve heard of this happening with several plans and in several areas of the state. If you experienced one of these scenarios or something similar, please contact our consumer advocates at 1-800-562-6900 or file a complaint online. We regulate insurance companies and we want to make sure consumers receive the services they are entitled to in their insurance policies.
"Is there an insurance law that says when my car has to be totaled?"
Not that we're aware of, at least here in Washington state.
That said, we're aware that sometimes there is hidden collision damage to a car that can add substantially to the cost of the initial estimate.
With that in mind, insurers may decide to total a car when their initial repair estimate is around 70 percent of the vehicle's current market value. Otherwise, if the repairs are started and costs due to hidden damage escalate another 30 percent or more, they can end up spending more to fix the vehicle than it's actually worth.
The short answer: there is no "official" formula in the law for totalling a vehicle. But insurers look at the repair cost potential. If it's close to the value of the car, they may decide not to even begin repairs, and to simply compensate you for the value of the vehicle.
How do they establish that value? The insurer owes you the actual cash value -- i.e. the retail market value -- of your car. Insurers have to look at local values for comparable vehicles, although with your permission, your insurer can extend the search beyond 150 miles.
If you disagree on the value -- and we get these calls all the time -- you can hire an appraiser and go through the appraisal process in your auto policy. If the dispute is with someone else's insurer, you can either file a claim with your own insurer, or you may want to consider taking the matter to court.
Please see our "What happens after your car gets totalled" page for much more on totalled car values, disputes, and what happens if you opt to keep your totaled car.
That said, we're aware that sometimes there is hidden collision damage to a car that can add substantially to the cost of the initial estimate.
With that in mind, insurers may decide to total a car when their initial repair estimate is around 70 percent of the vehicle's current market value. Otherwise, if the repairs are started and costs due to hidden damage escalate another 30 percent or more, they can end up spending more to fix the vehicle than it's actually worth.
The short answer: there is no "official" formula in the law for totalling a vehicle. But insurers look at the repair cost potential. If it's close to the value of the car, they may decide not to even begin repairs, and to simply compensate you for the value of the vehicle.
How do they establish that value? The insurer owes you the actual cash value -- i.e. the retail market value -- of your car. Insurers have to look at local values for comparable vehicles, although with your permission, your insurer can extend the search beyond 150 miles.
If you disagree on the value -- and we get these calls all the time -- you can hire an appraiser and go through the appraisal process in your auto policy. If the dispute is with someone else's insurer, you can either file a claim with your own insurer, or you may want to consider taking the matter to court.
Please see our "What happens after your car gets totalled" page for much more on totalled car values, disputes, and what happens if you opt to keep your totaled car.
Insurance News - Monday, April 22, 2013
Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, April 22, 2013:
- A British report has come out suggesting that the UK is the ‘Whiplash Capital of Europe’ with over twice the average of France, Spain and the Netherlands.
- The Texas House gave preliminary approval to levelling a $100 fine to drivers caught texting behind the wheel. However, Gov. Rick Perry, who vetoed a similar bill in 2011.
- The California Department of Motor Vehicles will be seeking public input on possible regulations of the driverless cars.
- Statistics suggest that younger Americans are driving less because they're biking and taking public transit.
- Finance Minister Charles Sousa announces budget to be presented on May 2nd. He said the budget will not announce any new tax hikes will include funding to expand public transit in Toronto and Hamilton and will move ahead this year with 60 per cent of Drummond Commission's recommendations. No mention of auto insurance rate reductions but I expect they will be included in the budget.
Look out below! [UPDATED]
Such a success:
"[A]n intriguing analysis of Covered California’s state-run exchange found that up to half the 1.2 million new enrollees might actually drop their coverage."
To be fair, some of these folks will find new jobs with employer-sponsored insurance plans. On the other hand, a lot will find themselves now eligible for (taxpayer funded) Medicaid coverage. And some will take a look at their high premium, high expense, low benefit plan and decide to chuck it.
Sounds like a plan.
UPDATED: Perchance there's an even simpler explanation:
"California Obamacare customers are expressing outrage after finding out that nearly 1,000 California doctors were listed on the Covered California website as accepting Obamacare plans when in fact they do not"
As we've mentioned numerous times, "narrow networks" are one of the more insidious ways in which the ObamaTax tries to rein in costs. This is, in fact, a fairly obvious method of rationing health care: "sure, here's an insurance plan that guarantees your insurability, but good look using it to actually access, you know, care."
"[A]n intriguing analysis of Covered California’s state-run exchange found that up to half the 1.2 million new enrollees might actually drop their coverage."
To be fair, some of these folks will find new jobs with employer-sponsored insurance plans. On the other hand, a lot will find themselves now eligible for (taxpayer funded) Medicaid coverage. And some will take a look at their high premium, high expense, low benefit plan and decide to chuck it.
Sounds like a plan.
UPDATED: Perchance there's an even simpler explanation:
"California Obamacare customers are expressing outrage after finding out that nearly 1,000 California doctors were listed on the Covered California website as accepting Obamacare plans when in fact they do not"
As we've mentioned numerous times, "narrow networks" are one of the more insidious ways in which the ObamaTax tries to rein in costs. This is, in fact, a fairly obvious method of rationing health care: "sure, here's an insurance plan that guarantees your insurability, but good look using it to actually access, you know, care."
Dying of Thirst (Literally)
One of the major problems of the ObamaTax is that it does not, in fact, save health care dollars. This problem plagues similar regimes as well, most notably the Much Vaunted National Health System©.
Never fear, though, the MVNHS© has a solution:
"At least 1,000 hospital patients are dying needlessly each month from dehydration and poor care by doctors and nurses."
A perfectly sensible way to deal with runaway health care costs, don't you agree?
Never fear, though, the MVNHS© has a solution:
"At least 1,000 hospital patients are dying needlessly each month from dehydration and poor care by doctors and nurses."
A perfectly sensible way to deal with runaway health care costs, don't you agree?