Car Accidents – Setnor Byer Insurance & Risk

Will 2016 Be a Record Year for Motor Vehicle Fatalities?

Are you planning to hit the road one last time before summer comes to an end? If so, we have some advice—BE CAREFUL!

According to the National Safety Council (NSC), the number of motor vehicle deaths from January through June 2016 is 9% higher than during the first half of 2015. At this pace, the number of motor vehicle fatalities in 2016 could exceed 40,000, which would be the highest in nearly a decade.

Estimates for the upcoming Labor Day holiday weekend are equally frightening. The NSC estimates 438 traffic fatalities, the most since 2008. The NSC also estimates 50,300 nonfatal medically consulted injuries, which are injuries serious enough that a medical professional was consulted.

According to the NSC:

The estimated annual population death rate is 12.9 deaths per 100,000, which is an 8% increase from 2015.
The estimated annual mileage death rate is 1.3 deaths per 100 million vehicle miles traveled, which is 8% increase from 2015.
The estimated cost of motor-vehicle deaths, injuries and property damage during the first half of 2016 was $205.5 billion.

States with the most traffic deaths:

Texas 1,824 (+11%)
California 1,702 (+9%)
Florida 1,590 (+10%)
Georgia 701 (+7%)
North Carolina 668 (+5%)

States with the largest percentage increase from 2015:

Vermont +63%
New Hampshire +61%
Connecticut +45%
New Mexico +43%
Idaho +37%

Why is 2016 on pace to be the deadliest year in nearly a decade? One reason could be lower gas prices. The NSC notes that gas prices during the first six months of 2016 were on average 16% lower than in 2015 and that this helped produce a 3.3% increase in cumulative vehicle mileage through May. Another reason could be that people continue to engage in risky driving behavior, like speeding, drunk driving, fatigued driving, distracted driving (including cell phone use) and aggressive driving.

Though some accidents just happen , most motor vehicle accidents can be avoided. In addition to avoiding risky driving behaviors, here are some tips from the National Highway Traffic Safety Administration that can decrease the chances of getting into an accident.

Plan trips ahead of time.
Wear your safety belt—and wear it correctly.
Drive at the speed limit. It’s unsafe to drive too fast or too slow.
Be alert! Pay attention to traffic at all times.
Keep enough distance between you and the car in front of you.
Be extra careful at intersections. Use turn signals and to look out for people and cars.
Check blind spots when changing lanes or backing up.
Most of the time, having the right auto insurance coverage is all you need to recover after an accident. That’s clearly not the case with fatalities. Everyone must do their part to make sure 2016 is not a record year for motor vehicle fatalities.
Please contact us if you have questions about your auto insurance or would like a quote.
To receive regular updates about developments which may affect your business, subscribe to Setnor Byer Insurance &Risk’s weekly risk management news brief.

Steps to Take After a Car Accident

People often say that driving or riding in a car is the most dangerous part of their day. Statistically speaking, many of these people may be right. According to the National Highway Traffic Safety Administration (NHTSA), there were approximately 5.6 million police-reported motor vehicle crashes, 2.1 million injuries and 22,912 fatalities in 2012. Despite these sobering statistics, drivers can take steps after an accident to minimize the damage to people and property.

According to the Insurance Information Institute, drivers should take the following steps immediately after an accident:

Assess the Damage. Immediately after an accident, safely move the vehicle off the road, if possible, and check to see if anyone is injured. When it’s safe to do so, inspect the vehicle to determine the extent of any damage.

Call the Police. If you are in a serious accident, immediately call the police or dial 911. Let them know if anyone is hurt and the extent of their injuries so medical assistance can be dispatched. File a police report even if the police don’t come to the scene of the accident. A report can be important if someone involved in the accident sues for damages or medical injuries, or if there is more damage done to your car than initially thought. If the police do come to the accident scene, get the officers’ names and badge numbers and ask where you can get a copy of their report.

Collect as much information as possible. Get the names and contact information of everyone involved in the crash, including witnesses. Ask all drivers involved in the accident for their license, car registration and insurance ID card. Get the make and model of the cars involved, and make a note of the location, time of day and the weather conditions. A smart phone or other device can be used to record this information. Though emotions may be running high after an accident, focus on the facts and do not discuss who was at fault, or how much insurance you have, with anyone else involved in the accident.

Don’t leave the scene. If you run into an unattended vehicle, try to find the owner. If you can’t, leave a note containing your name, address and phone number. Record the details of the accident, including the make and model of the car and the address where the accident occurred.

Get the claims process started. Promptly notify your automobile insurance company or agent as soon as possible while the facts are still fresh in your mind. Keep a record of the name, title and contact information for everyone you speak with from your insurance company. Complete any claim forms you receive as soon, and as accurately, as possible. If you have any questions, don’t be afraid to ask the claims adjuster or your insurance agent for assistance.

Keep all documentation. Create a file to keep all of your notes, records and claim forms. This can make the process of resolving your claim quicker and easier.

Taking steps before an accident can also make it easier to recover afterward. It’s important to have appropriate insurance coverage with sufficient limits. If you would like more information about obtaining automobile insurance that meets your needs, please contact us.

If you would like to subscribe to our newsletters please click here.

My Friend Crashed My Car

At one time or another, most of you have let a friend borrow your car. Unfortunately, many of you probably weren’t thinking about insurance coverage as you handed over the keys. So what do you think, if your friend gets into an accident while driving your car, would your automobile insurance cover it?

As always, the first place to look is the insurance policy. Standard auto insurance policies have permissive use clauses that extend insurance coverage to those who had the owner’s permission to use the car. These clauses are intended to benefit and protect the general public and innocent victims of automobile accidents.

Though policy forms vary, permissive use (a/k/a omnibus) clauses are often incorporated into that part of the policy that identifies who is insured under the policy. For example, a policy may state that any person using the automobile is considered an ‘Insured Person’ if they have the owner’s permission to do so.

Permission to use an automobile can generally be either express or implied. Express permission must be of an affirmative character that is directly and distinctly stated, and clear and outspoken. Express permission cannot be merely implied or left to inference.

Implied permission, on the other hand, involves an inference arising from a course of conduct or relationship between the parties in which there is a mutual acquiescence or lack of objection which signifies permission. Implied permission is typically determined from the facts and circumstances in a particular case.

After establishing that the driver had permission to use the car, the next step is determining whether the driver’s use of the car was consistent with the owner’s permission. For example, if a car owner gave permission to drive to the local store, but the friend takes off on a cross-country trip, is this friend really driving with the owner’s permission?

There are generally three rules used by various states to determine whether a driver has exceeded the owner’s permission to use the car.

Conversion (Strict Construction) Rule: This rule requires that the automobile be used for a purpose reasonably within the scope of the permission given, during the time limits expressed and within the geographical limits contemplated by the owner and the driver. Any deviation, no matter how slight, will negate a driver’s permissive user status under the owner’s policy and there will be no coverage in the event of an accident. The friend cruising across the country would not be considered a permissive user in states adopting this rule.

Initial Permission Rule: Some states adopted the more liberal initial permission rule. Under this rule, if permission to use the automobile is initially given, the driver is considered to have the owner’s permission regardless of the manner in which the automobile is used. Since only the first use must be with the owner’s permission, any later deviations made by the driver, such as driving cross-country, are immaterial. For this reason, the initial permission rule is sometimes referred to as the ‘hell-or-high water’ rule.

Minor Deviation Rule: Some states have taken an intermediate approach by adopting the minor deviation rule. Under this rule, a driver can deviate from the scope of permission given by the owner and still be considered a permissive user as long as any deviation is not gross, substantial or major. In other words, this rule permits a slight deviation but condemns a major one. A material deviation, such as going cross-country, voids the initial permission, so if the friend gets in an accident in another state, he or she will not be considered a permissive user entitled to coverage under the owner’s auto insurance policy.

The next time a friend asks to borrow your car, take a minute to consider what might happen if there is an accident. As the owner of the car you will most likely be held liable for damages, so it’s a good idea to know whether you or your insurance company will be paying the bill.

If you have any questions or would like to discuss your insurance options, please contact us.

If you would like to subscribe to our newsletters please click here.