Tag: Car Insurance

It’s Time for Your Annual Insurance Check-Up

The start of a new year is the perfect time for an annual insurance check-up. As the days, weeks and months go by, our lives change. So do our insurance needs. To make sure you haven’t outgrown your insurance, it’s a good idea to review your coverages at least once a year to determine whether any recent life changes require any insurance changes.

  • Have you gotten married? You may be entitled to marital status or multi-car premium discounts on your auto insurance. Your homeowners’ insurance may no longer be sufficient after merging two households under one roof.
  • Have you had a baby? Children need to be covered by health insurance and should be protected by life insurance.
  • Did your child get a driver’s license? Covering teenagers under a parent’s auto insurance policy is often cheaper than purchasing a separate policy. Discounts may also be available for good grades or driving school.
  • Have you switched jobs? New jobs often mean new fringe benefits, so identify which employer-provided coverages have been gained or lost, and adjust personal coverages accordingly. If income increases, coverage limits may also need to be increased.
  • Have you done extensive renovations on your home? Major home improvements, such as adding a new room, enclosing a porch or expanding a kitchen, may leave you underinsured. Homeowners’ coverage limits may need to be increased to cover the increased value of your renovated home. New structures, like a gazebo, pool or hot tub, may not be covered under your current policy.
  • Did you buy a second home? Second homes may be harder to insure because they are often located in areas with specific risks (earthquakes, avalanches, floods, etc.) and vacant for long periods of time.
  • Have you acquired any new valuables (jewelry, electronics, fine art, antiques)? Standard homeowners’ policies offer limited coverage for certain high-value items, so a personal property floater may be necessary.
  • Did you purchase any new toys? In addition to being valuable, items like boats, motorcycles and recreational vehicles can create potentially significant liability exposures that must be covered by insurance.

According to the Insurance Information Institute, these questions can help identify and avoid painful coverage gaps. They can also save you money if it turns out you have more insurance than you need. Please contact us to learn more about evaluating your current insurance needs.

Most People Should Have Personal Umbrella Insurance …Including You!

A personal umbrella insurance policy can protect you and your family against catastrophic losses by providing an extra layer of coverage. “Everyone should have an umbrella policy,” says Ralph Byer, Merrill Lynch Managing Director and Wealth Management Advisor. “It doesn’t take much to exceed the limits of your homeowners or auto insurance policy. A serious car accident or slip-and-fall on your property can be more than enough.”

Personal umbrella (excess liability) policies provide liability and defense cost coverage on top of standard homeowners, renters and auto policies. These policies can:

Umbrella policies are rarely required but often necessary, particularly for those who:

  • own property (personal, rental, investment);
  • have or use cars, boats or other vehicles;
  • travel abroad;
  • own items likely to cause injury (pets, pools, trampolines);
  • volunteer (nonprofit boards, youth sports); or
  • engage in activities that could injure others (high-risk sports, hunting).

If you’re thinking that you don’t make enough money to need umbrella insurance, stop. “That’s a myth,” says Byer. “There is a common misperception that umbrella policies are only needed to protect extra money. In reality, most people need umbrellas to protect their essential money. Those with less often benefit more from an umbrella policy.”

Umbrellas are secondary policies, so you must have underlying insurance coverage that meets the insurance company’s underwriting requirements. Personal umbrella policies are relatively quick and easy to get. They are also surprisingly affordable. “Aggressive pricing and the ability to effectively reduce personal asset exposure,” says Byer, “have combined to make umbrella insurance an essential financial planning and risk management tool.”

Please contact us if you have any questions about umbrella insurance or would like a price quote.

Lessons from Hurricane Irma

Hurricane Irma was an unprecedented storm that affected literally everyone in Florida. Most of us were either expecting or experiencing a direct hit. All of us were given at least a glancing blow. Even though the mess remains and recovery efforts are ongoing, it’s not too soon to share what we learned from Hurricane Irma.

Setnor Byer Insurance & Risk has been helping clients prepare for and recover from hurricanes for nearly 40 years, but Hurricane Irma was different. As the steadily intensifying storm made its way toward Florida, we received an unprecedented number of calls from clients asking about flood insurance for their homes and businesses. Why?

Obviously, everyone is concerned when a massive category 5 hurricane is heading their way, but there was another reason. We all saw the catastrophic flooding in Texas caused by Hurricane Harvey just a few weeks earlier. The damage was devastating. So was the news that nearly 80% of homeowners in the counties most directly affected by Hurricane Harvey did not have flood insurance.

According to the Federal Emergency Management Agency (FEMA), floods are the most common and costliest natural disaster. Unfortunately, too many businesses refuse to carry flood insurance simply because they are not located in a high-risk flood zone. Neither were a majority of those flooded by Hurricane Harvey.

Flood zones are always being remapped, but it’s a long process that can take years. Updated maps quickly become out-of-date. Moreover, the process of identifying property that is susceptible to flooding is not a perfect science. For example, flood zone determinations fail to adequately consider:

  • Localized drainage issues;
  • Long-term erosion;
  • Ongoing development;
  • Topographic variances on individual properties; or
  • The failure of flood control systems.

This is why every home and business should have flood insurance, regardless of whether they are located in a high-risk flood zone. Premiums are relatively affordable, particularly when you consider the risks assumed by a flood insurance policy, such as the:

  • Overflow of inland or tidal waters;
  • Collapse of land along a body of water from waves or currents; and
  • Rapid accumulation of surface waters from any source, including blocked storm drains and broken water pipes below the surface of the ground.

Even if the risk of flooding may not be particularly high for your home or business, this is also true of countless other risks covered by insurance policies. Yet, many would never go without insurance to cover their personal homes and cars. Just like they wouldn’t consider going go without general liability insurance, professional liability insurance, employment practices liability insurance or commercial auto insurance to protect their businesses.

Uninsured flood damage can devastate any home or business, even those not located in high-risk flood zones. Over the course of just a few weeks, we’ve seen the landfall of not one, not two, but three hurricanes that rank among the most powerful storms in recorded history.

Those relying on flood zone maps to justify their decision to not purchase flood insurance should seriously reconsider.

Please contact us to learn more about flood insurance for your home and business.

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Are Transportation Network Companies Putting You at Über-Risk on the Roads?

Have you ever heard of a Transportation Network Company or TNC? If you don’t think you have, think again. Uber, Lyft and Sidecar are all TNCs that arrange transportation for a fee using technology platforms like mobile apps and websites. Given their relative infancy, TNCs are experiencing some growing pains, particularly when it comes to insurance.

Since TNCs fall somewhere between traditional ride-sharing or carpooling activities and taxi or limousine services, there may be potentially significant insurance coverage gaps. If there is an accident involving a TNC, these gaps can affect not only TNC drivers and passengers, but others motorists and pedestrians sharing the roadways.

Coverage gaps are primarily caused by TNC drivers relying on their personal automobile insurance policy for coverage instead of obtaining a commercial insurance policy. Standard personal automobile policies typically exclude coverage when the vehicle is used for commercial purposes, like carrying passengers for a fee. As a result, personal automobile insurance coverages, including liability, physical damage, uninsured motorist and medical payments coverage, may not be available if there is a TNC-related accident.

Gaps are also caused by risk exposures that are unique to the TNC industry. The personal vs. commercial distinction, which was once relatively straightforward, has been blurred by TNCs. Since this distinction is used to determine coverage under a driver’s personal automobile policy, the challenge has become identifying the exact moment an insured personal driver becomes an uninsured commercial TNC driver.

Under the TNC business model, there are three distinct risk exposure periods.

  • Period 1 (Pre-Match): Starts when the TNC driver logs into the TNC application, but is not matched with a passenger.
  • Period 2 (Match Accepted): Starts when a match is made and accepted, but before the passenger enters the vehicle.
  • Period 3 (Occupancy): Starts when the passenger has been picked up and is occupying the vehicle.

Standard personal automobile policies don’t specifically address these periods, so there can confusion and uncertainty when it comes to determining the scope of insurance coverage, if any. However, some insurance companies have amended their exclusions to clarify that once a driver logs into their TNC platform, they are no longer covered under the policy.

Due to their growing popularity, many states have enacted or are in the process of enacting statutory insurance requirements for TNCs and drivers. Florida, for example, has recently proposed legislation to create specific insurance requirements for TNCs. Interestingly, the amount of insurance required under this proposed legislation varies depending on which period the TNC driver happens to be in. Higher coverage limits apply when a driver moves from Period 1 (Pre-Match) to Period 2 (Match Accepted).

Until the current uncertainty surrounding TNCs and insurance coverage is resolved, steps can be taken to reduce the risk of falling into an insurance coverage gap, such as:

  • TNC Drivers: Review your personal automobile insurance policy to find out whether, and to what extent, TNC-related uses are covered or excluded. Find out what kind of insurance coverage is provided by your TNC. Compare your personal insurance and any TNC-provided insurance to identify potential coverage gaps. Obtain additional insurance to fill the gaps.
  • TNC Riders: Find out what insurance requirements apply to TNCs in your area. Confirm (or require) that your driver meets or exceed these requirements.
  • Employers: Update employment and fleet policies to strictly prohibit employees from using company-owned vehicles to engage in any TNC-related activities. This prohibition should also apply to employees using personal vehicles for work-related purposes, so they don’t pick up passengers while running work-related errands.

Please contact us to discuss how we can help you identify and close TNC-related insurance coverage gaps.

To receive regular updates about important insurance developments, subscribe to Setnor Byer Insurance & Risk’s weekly risk management news brief.

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.

Does Your Business Need a USDOT or MC Number?

The Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) monitors and ensures compliance with motor carrier safety and commercial carrier regulations. Contrary to what many believe, 18-wheel trucks aren’t the only vehicles covered by FMCSA regulations. Depending on its operations, any business may be required to have a USDOT Number, an MC Number, or both.

USDOT Number

USDOT Numbers are unique identifiers used by the FMCSA when collecting and monitoring a company’s safety information, compliance reviews, crash investigations and inspections. A business involved in interstate commerce must have a USDOT Number if it owns a vehicle that:

  • Is used in transporting material found by the Secretary of Transportation to be hazardous and transported in a quantity requiring placarding (whether interstate or intrastate);
  • Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater;
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; OR
  • Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation.

Interstate commerce means trade, traffic or transportation in the United States that is:

  • Between a place in a State and a place outside of such State (including a place outside of the United States);
  • Between two places in a State through another State or a place outside of the United States; OR
  • Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.

In addition to FMCSA regulations, some states also require a USDOT Number to operate or register commercial motor vehicles, including Florida, Georgia, New Jersey and North Carolina.

MC Number (Operating Authority)

The FMCSA also issues various kinds of Operating Authority that dictate the type of operations a business may run and the cargo it may carry. This is known as an MC Number. Unlike USDOT numbers, which identify carriers operating in interstate commerce, MC Numbers identify carriers transporting regulated commodities for hire in interstate commerce.

An MC Number is generally required for businesses that:

  • Operate as for-hire carriers transporting goods or passengers for compensation;
  • Transport passengers in interstate commerce; or
  • Transport federally-regulated commodities or arranging for their transport, in interstate commerce.

Since there are different kinds of Operating Authority, a business may need more than one MC Number. And, different Operating Authorities may have different insurance requirements. For example, Motor Carriers of Passengers are required to have bodily injury and property damage insurance. The minimum required coverage is $5,000,000 if a company has any vehicles with a seating capacity of 16 or more passengers (including the driver); otherwise, the minimum required coverage is $1,500,000.

The FMCSA may impose penalties and assess fines for failing to have a required USDOT or MC Number. Businesses may face additional penalties in those states that have their own registration requirements. In Florida, for example, the failure to obtain a USDOT Number can result in a $500 fine.

Please contact us if you would like more information about complying with the various operating and insurance requirements governing your fleet or operations.

Additional information is also available in our weekly Risk Management Newsletters.

Ten Ways to Save on Auto Insurance

Would you be interested in finding great auto insurance coverage at the best possible price? Of course you are, everyone is, which is why we created this list of ten ways to lower auto insurance premiums. Chances are that at least one of these tips can help you save money.

  • Shop ‘til you drop. Shopping around is the best way to learn about options and compare prices. If you don’t have the time to study insurance companies, read policy forms or evaluate coverage options, let us do the work for you. As an independent insurance agent, Setnor Byer Insurance & Risk can access multiple insurance companies to find great coverage at affordable rates.
  • Before buying that new car, find out how much it will cost to insure. Checking insurance rates before your next purchase may lead you to a car with a lower total cost of ownership.
  • Opting for higher deductibles can mean lower premiums. A deductible is the amount you pay upfront before your insurance policy kicks in. If you choose a higher deductible, you could lower your costs. But beware—if you do happen to have an accident, make sure you have enough squirreled away to pay the claim.
  • Use a driving monitor system. Some companies will send you a device that plugs into your car’s diagnostic port. It tracks things like hard braking, speed, and distance travelled. If you are a safe driver, you can be rewarded with lower rates. If you are not a safe driver, this probably isn’t a very good option.
  • Maintain good credit. Studies have found a statistical correlation between credit score and the likelihood of filing an insurance claim. Insurance companies applied these statistics to create a fairly simple formula: better credit = less likely to file a claim = lower premiums.
  • Speaking of good credit, if you’re married, list the spouse with better credit on the policy first.
  • Bundle. Lower premiums are typically available to those who bundle coverage with a single insurance company. If you have multiple autos or are willing to obtain other kinds of coverage from the same company, such as homeowners’ insurance, you may be entitled to a multi-policy discount.
  • Lyft lover or member of UberPool? If you don’t drive much, you can often receive a low-mileage discount.
  • Reduce the coverage on that clunker. If you have an older-model car that’s getting up there in years, you may be able to reduce coverage on that vehicle. Chances are, it’s not worth what it was.
  • Contact Setnor Byer Insurance & Risk for more information.. We have agents ready to help you save money on your auto policy and to our insurance professionals can find out if you’re eligible for other premium discounts. There could be more savings out there for you!

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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.

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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.

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Settling Insurance Claims: Good Faith or Bad Faith?

Insurance companies have a general duty of good faith when settling the claims of their policyholder. This duty of good faith can come from statute, common law, or both. For example, in addition to having a common law duty of good faith, insurance companies in Florida have a statutory duty to act fairly and honestly toward their insureds. Insurance companies that fail to act in good faith may end up in court defending a claim for bad faith.

Contrary to what many believe, it’s not bad faith for an insurance company to deny a claim that is not covered under a policy or to defend a claim subject to a reservation of rights. So what does it mean to act in good faith? According to one court, the duty of good faith requires insurance companies to investigate the facts, give fair consideration to settlement offers that are not unreasonable, and settle, if possible, where a reasonably prudent person, faced with the prospect of paying the total recovery, would do so.

Those damaged by an insurance company’s failure to act in good faith may be able to sue the insurance company for bad faith. Bad faith claims can be first-party or third-party.

A first-party bad faith claim occurs when an insurance company is sued by its insured for refusing to settle the insured’s own claim in good faith. First-party claims typically involve allegations that the insurer improperly denied coverage, underpaid a loss or delayed payment without adequate justification. A common example of a first-party bad faith claim is when an insured is involved in an accident with an uninsured motorist and does not reach a settlement with his or her own uninsured motorist liability carrier for costs associated with the accident.

A third-party bad faith claim arises when an insured is exposed to liability in excess of insurance coverage because the insurer failed in good faith to settle a third party’s claim against the insured within policy limits. Third-party bad faith claims often arise in situations where there is clear liability on the part of the insured, severe injury to the third party, and minimal policy limits available.

Assume, for example, an insured with $100,000 of automobile liability coverage runs a red light and injures a pedestrian. Despite the pedestrian’s significant injuries and the insured’s clear fault, the insurance company rejects the pedestrian’s reasonable $90,000 settlement offer. The pedestrian goes to court and is awarded $200,000 in damages. By failing to act in good faith and settle the case within the $100,000 policy limit, the insured is liable for the excess judgment amount of $100,000.

In this example, the insured could file a third-party bad faith claim against its insurance company. The injured pedestrian may also be able to sue the insurance company, either directly if permitted by applicable law, or through an assignment of the insured’s rights. Note that in some jurisdictions insurance companies are entitled to notice before a lawsuit can be filed. In Florida, for example, those wanting to file a bad faith claim must give the insurance company 60-days’ notice before filing a lawsuit.

The claims settlement process can be long, complicated and stressful, even when the insurance company is handling the process in good faith. Since bad faith claims, particularly those involving third parties, can be very complex, it helps to have a reputable and experienced insurance agent to guide you through the claims process.

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

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