http://www.carinsurancequotes.com/blog CarInsuranceQuotes.com blog Fri, 30 Dec 2011 16:15:36 +0000 en hourly 1 http://wordpress.org/?v=3.0.3 http://www.carinsurancequotes.com/blog/california-car_seat_law/ http://www.carinsurancequotes.com/blog/california-car_seat_law/#comments Fri, 30 Dec 2011 16:15:36 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1392 John EganUnder a state law that takes effect Jan. 1, 2012, children under age 8 in California must be properly buckled into a car seat that’s placed in the vehicle’s back seat. Previously, state law required that kids use car seats until age 6 or until reaching a weight of 60 pounds.Children under age 8 are exempt from the new law if they’re at least 4 feet, 9 inches tall.For each child under 16 who isn’t properly secured in a car, either in a car seat or with a seat belt, the parents — if they’re in the car — or the driver can be fined more than $475 and receive one violation point on their California driving records. A ticket like that could bump up a motorist’s car insurance premium.“This is an important new law that will impact more than 1.1 million children in California,” Christopher Murphy, director of the California Office of Traffic Safety, says in a news release. “Keeping them in booster seats increases their chance of surviving a crash by 45 percent.” Car crashes are the leading cause of death in children between ages 4 and 8.Until passage of the new law, California’s requirement of keeping children in car seats till age 6 was below the standards of 38 other states, the District of Columbia and the National Highway Transportation Safety Administration.Along with the National Highway Transportation Safety Administration, the American Academy of Pediatrics, Children’s Hospital of Philadelphia, the National Transportation Safety Board and the Insurance Institute for Highway Safety recommend keeping kids in car seats until they reach age 8 or they grow to 4-foot-9.State Sen. Noreen Evans, a Santa Rosa Democrat who sponsored the new law, says parents don’t have to buy new car seats to meet the new age requirement. They simply can use the car seats already being used by their kids.]]> http://www.carinsurancequotes.com/blog/california-car_seat_law/feed/ 0 http://www.carinsurancequotes.com/blog/teens-drunken_driving/ http://www.carinsurancequotes.com/blog/teens-drunken_driving/#comments Thu, 29 Dec 2011 16:06:35 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1379 John EganNearly half of American high school juniors and seniors believe New Year’s Eve is the most dangerous time of year to drive. And it’s no wonder. New Year’s Eve also is the occasion when they most frequently drive after drinking alcohol or taking drugs.A survey by Liberty Mutual and SADD (Students Against Destructive Decisions) of nearly 2,300 students in 11th and 12th grade found that 10 percent had driven on New Year’s Eve after drinking alcohol or taking drugs. That compares with:• 8 percent on Fourth of July.• 6 percent each on prom night, at homecoming and around high school football games.• 5 percent at school dances and other events.• 4 percent around graduation.The news is not all bad, though.At least nine of every 10 teen drivers say they’d stop driving after drinking booze or smoking marijuana if a passenger asked them. Girls were more likely to make that request than boys.“New Year’s Eve is a time to celebrate both the past year and the possibilities of the year to come, yet far too often poor decisions by teens result in tragic injuries and deaths,” Stephen Wallace, senior adviser at SADD, says in a news release. “To avoid a fatal start to the New Year, teen passengers need to use their voices if they have concerns about their friends’ behaviors. They will be heard.”According to the National Highway Traffic Safety Administration and the National Center for Statistics and Analysis, 31 percent of drivers age 15 to 20 who were killed in car crashes in 2008 had been drinking alcohol.It’s estimated that in the five years after a drunken driving conviction, an offender’s car insurance bill can jump by $5,000 to $10,000. With teens already coughing up more money for car insurance that older drivers are because of their inexperience behind the wheel, the price is even steeper when you add a DWI to the mix.]]> http://www.carinsurancequotes.com/blog/teens-drunken_driving/feed/ 0 http://www.carinsurancequotes.com/blog/car_insurance_fraud-case-poem/ http://www.carinsurancequotes.com/blog/car_insurance_fraud-case-poem/#comments Thu, 22 Dec 2011 19:17:44 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1307 John EganThe language of car insurance can be pretty dry. So can the language of the courts. A judge in Pennsylvania has managed to spice up both.

Bard of the Bench: Pennsylvania Supreme Court Justice J. Michael Eakin.

In what you might call a case of poetic justice, Justice J. Michael Eakin of the Pennsylvania Supreme Court authored an opinion about a car insurance fraud conviction entirely in rhyming fashion. In a six-page ruling issued Dec. 21, Eakin overturned the fraud conviction of Daniel Goodson III, but not without a heavy dose of literary flair. Eakin is known for waxing poetic in court opinions — something that has drawn criticism from other judges.The court ruled 4-2 in Goodson’s favor. By the way, the dissenting opinion didn’t rhyme.The How Appealing blog first alerted the world to Eakin’s latest poetic performance. WSJ.com’s Law Blog and the ABA Journal’s Law News Now blog also have chimed in, along with The TortsProf Blog and The Associated Press.Eakin’s car insurance fraud opinion reads as if it came right out of a British Literature 101 course. Here’s an example:In January, 2001, appellant’s car was in a collision.His insurer totaled the aging New Yorker, then made a just divisionof the value of the insurance claim, sending $6,289 to the lender;the balance of $135, to appellant they made tender.And thus the matter terminated, or so one might have thought,but that was not to be, when Goodson’s later schemes were caught.Dissatisfied with his monetary settlement from the crash, Goodson forged a $6,289 check that was made to look like it was from State Farm.Eakin picks up the story from there:Of course the crime soon came to light, as agents of State Farmrefused to pay the check he’d forged, which forestalled further harm:“It’s not from us, there is no claim, the check we cannot honor!”And appellant’s scheme was thus undone — he knew he was a goner.When braced, he paid the money back, a mitigating solution,but despite this act, the Commonwealth commenced its prosecution.Convicted of the forgery, insurance fraud, and theft,he admits the first and last, but denies the charge that’s left.He claims the sentence for insurance fraud is most certainly amiss —he says “I may be guilty, but I’m just not guilty of this.My sentence is inappropriate — undo the wrongful conviction.”And in the end, seeks this relief from our appellate jurisdiction.Here, Eakin explains why the court threw out the insurance fraud conviction:Because he made no insurance claim, nor a proffer to an insurer,he didn’t commit insurance fraud, and neither judge nor jurorcan to the contrary rightly find, even if they’d like to.Two crimes are strikes, but not the third — the count is but strike two,and while those strikes are such that he’s not going to walk,on this last pitch we have no choice but to call a figurative balk.Sentenced on the other crimes, he surely won’t go free,but we find he can’t be guilty of this final felony.You’ve got wonder whether Goodson, the man who appealed the fraud conviction, appreciates the language of the Bard of the Bench. Perhaps Goodson simply wanted a ruling in plain English (or, in the case of the courts, plain legalese). But in the end, the man got what he sought and maybe learned a literary lesson in the process.Here’s Eakin’s final word(s) on the Goodson case:Convictions for the forgery and theft are approbated —the sentence for insurance fraud, however, is vacated.The case must be remanded for resentencing, we find,so the trial judge may impose the result he originally had in mind.What Goodson did is serious, but doesn’t comprise this crime —there’s simply no rhyme nor reason for it, for these reasons (and in rhyme).]]> http://www.carinsurancequotes.com/blog/car_insurance_fraud-case-poem/feed/ 0 http://www.carinsurancequotes.com/blog/holiday-car_crashes/ http://www.carinsurancequotes.com/blog/holiday-car_crashes/#comments Mon, 19 Dec 2011 16:04:26 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1299 John EganTake care when driving to Grandma’s house this holiday season. A fender-bender could occur when you’re going over the river or through the woods.The nonprofit Consumer Federation of America estimates that more than 325,000 car crashes will happen from Dec. 23, 2011, to Jan. 2, 2012. AAA estimates 27 percent of Americans will travel by car at least 50 miles during that period.The consumer group predicts those holiday crashes will trigger 200,000 to 225,000 car insurance claims.Mark Romano, the federation’s director of insurance claims projects, has written a guide called “Navigating the Auto Claims Maze: Getting the Settlement You Deserve” to help motorists file successful car insurance claims and collect fair settlements.“It is our hope that this report will make the auto claims process a lot less intimidating and confusing for drivers who are unfortunate enough to be in an accident during the holiday season,” Romano says.The guide can be downloaded at www.consumerfed.org/pdfs/Auto-Insurance-Navigating-Auto-Claims-Guide-12-14-11.pdf.]]> http://www.carinsurancequotes.com/blog/holiday-car_crashes/feed/ 0 http://www.carinsurancequotes.com/blog/social_networking-while-driving/ http://www.carinsurancequotes.com/blog/social_networking-while-driving/#comments Thu, 15 Dec 2011 15:53:17 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1284 John EganYou’ve heard how much of a danger texting and talking while driving is. Now, there’s a growing threat on the road: Facebooking while driving. It’s especially prevalent among drivers 18 to 29 years old.A survey by State Farm shows the number of 18- to 29-year-old drivers who are reading posts on social networking sites jumped from 21 percent in 2009 to 37 percent in 2011. Updating of social networks while driving rose from 20 percent in 2009 to 33 percent in 2011.Among all drivers surveyed, reading posts on social networks while driving increased from 9 percent in 2009 to 14 percent in 2011. Updating social networks while driving climbed from 9 percent in 2009 to 13 percent in 2011.“The mobile web is a growing issue for safety advocates concerned about distractions while driving,” David Beigie, State Farm’s vice president of public affairs, says in a news release.In 2010, about 3,000 people died in distraction-related car crashes in the United States, according to the National Highway Traffic Safety Administration.According to the State Farm survey, accessing the Internet on a cellphone while driving rose from 29 percent in 2009 to 43 percent in 2011 among 18- to 29-year-olds. For all drivers, the number went from 13 percent in 2009 to 18 percent in 2011.The survey showed that texting while driving was flat or actually was decreasing in some instances.For drivers 18 to 29, 71 percent said they engaged in texting while driving in 2009. That number dropped to 64 percent in 2011. For all drivers, this number stayed relatively flat: 31 percent in 2009 compared with 32 percent in 2011. State Farm, the country’s biggest car insurance company, questioned nearly 900 motorists for the survey.]]> http://www.carinsurancequotes.com/blog/social_networking-while-driving/feed/ 0 http://www.carinsurancequotes.com/blog/federal_dwi/ http://www.carinsurancequotes.com/blog/federal_dwi/#comments Wed, 30 Nov 2011 20:26:17 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1266 John EganEver heard of anyone being charged with DWI in federal court? Neither had I, until I learned about a police detective in El Paso, Texas, who’s accused of driving drunk at Fort Bliss, a sprawling Army post.It turns out that federal DWI charges are somewhat unusual but not unheard of. Most DWI cases are filed in state courts, not federal courts.

An El Paso, Texas, police detective faces a federal DWI charge after allegedly driving drunk at Fort Bliss, an Army post.

“The defense of a DWI in federal court is really no different than it would be in state court. The evidence is the same, the standards for proving intoxication are the same and your questions on cross-examination will be virtually the same,” Houston criminal defense attorney Jimmy Ardoin says. “The only thing that is different is that as a lawyer in federal court, you are not always entitled to ask questions in jury selection, which can make it a little tougher to weed out those who are really unfavorable toward your client.”Ardoin explains that a motorist can be charged with DWI in federal court if he’s caught driving drunk on federal property, like a military base or national park, or someplace that’s under federal jurisdiction, such as the District of Columbia.If you’re busted for DWI in a national park, according to Ardoin, you can be hit with a Class B misdemeanor. Maximum punishment: six months in federal prison, a $5,000 fine and five years of probation.If you’re nabbed for DWI on any other federal property, you’re subject to the drunken driving laws of the place where the crime allegedly occurred, Ardoin says. In the Fort Bliss case, that’s Texas.Edric Ray Flores, 34, a detective with the El Paso Police Department, faces six months in federal prison and a fine of $2,000 if he’s convicted of a federal DWI charge that was filed Nov. 18, 2011. Ardoin says Flores also could have his Texas driver’s license suspended. Army cops arrested Flores on Oct. 24, 2011, at Fort Bliss after spotting him driving in an “erratic manner,” according to federal court documents.Among other things, the arresting cops said Flores was “jittery,” his speech was slurred and his eyes were glossy and bloodshot. While protesting that he wasn’t “that drunk,” Flores did admit he’d been drinking alcohol, according to court records.When Flores was pulled over, the detective claimed he was working undercover at Fort Bliss, which encompasses more than 1 million acres in Texas and New Mexico. However, cops determined Flores was lying about the undercover gig, court records show. Flores refused to take a field sobriety test or a breathalyzer test.As of Nov. 29, Flores was on paid administrative leave but remained an employee of the city, according to the El Paso Police Department.]]> http://www.carinsurancequotes.com/blog/federal_dwi/feed/ 0 http://www.carinsurancequotes.com/blog/warning-issued-on-using-seat-belts-for-young-kids/ http://www.carinsurancequotes.com/blog/warning-issued-on-using-seat-belts-for-young-kids/#comments Mon, 14 Nov 2011 18:01:48 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1250 John EganMore than three-fourths of U.S. drivers acknowledge they’ve driven with a child who was wearing a poorly fitting seat belt, according to a University of Michigan study.The study, which surveyed 891 drivers, found that many people rely solely on seat belts to protect 4- to 9-year-old passengers, despite the fact that most children in this age range are too short to fit in vehicle seat belts that are designed for adults.“It’s alarming that over 70 percent of drivers admitted that their child’s belt did not meet these standards,” Dr. Michelle Macy, a clinical lecturer of emergency medicine at the University of Michigan Medical School and a pediatrician at the university’s C.S. Mott Children’s Hospital, says in a news release. “Many parents may not even be aware of proper seat belt positioning and may not understand the serious and potentially permanent injuries that can result from improper belt fit.”A child should be at least 57 inches tall (4.75 feet) before he or she stops using a booster seat, experts say. Fifty-seven inches is the average height of an 11-year-old, says Macy, lead author of the study.No state laws require a child passenger older than age 8 to sit in a booster seat.According to the Insurance Institute for Highway Safety, shoulder belts should fit across the middle of a child’s shoulder and not touch his or her neck. Lap belts should lie flat on top of the thighs, not higher up on the abdomen.Results of the study appear in the journal Academic Pediatrics.]]> http://www.carinsurancequotes.com/blog/warning-issued-on-using-seat-belts-for-young-kids/feed/ 0 http://www.carinsurancequotes.com/blog/florida-fraud-coalition/ http://www.carinsurancequotes.com/blog/florida-fraud-coalition/#comments Fri, 11 Nov 2011 16:52:13 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1240 John EganA new coalition of consumer, business and law enforcement groups is taking on car insurance fraud in Florida.Among the 12 groups that compose Gear Up Florida are the Property Casualty Insurers Association of America, Florida Hispanic Chamber of Commerce, Florida Police Chiefs Association and Florida Sheriffs Association. The coalition wants Florida lawmakers to pass legislation that would crack down on car accident fraud.Critics say loopholes in Florida’s no-fault car insurance law allows criminals to take advantage of a system designed to provide medical care to drivers and passengers who are legitimately injured in car accidents, regardless of who’s at fault. Florida leads the nation in staged car accidents and questionable car insurance claims. No-fault coverage also is known as personal injury protection (PIP). Florida law requires that a driver carry at least $10,000 in PIP coverage.Primarily because of PIP fraud, officials say, Floridians pay 56 percent more than motorists in other states for car insurance – an average of $736 in Florida compared with $471 nationwide.“Undercover investigations have revealed that many participants in staged accidents were part of a larger group and that the staged crash was just the first step in the overall scheme,” Steve Casey, executive director of the Florida Sheriffs Association, says in a news release. “PIP fraud used to be more of an individual crime and now has become an organized crime.”The coalition recommends Florida lawmakers look at:• Allowing more time (30 to 60 days) for investigation of suspicious insurance claims.• Limiting attorneys’ fees to reduce the incentive for unnecessary or drawn-out litigation.• Placing more scrutiny on medical clinics that treat people who have filed PIP claims.• Establishing guidelines to prevent excessive, unnecessary medical treatment for PIP patients.Florida’s 2012 legislative session starts Jan. 10.]]> http://www.carinsurancequotes.com/blog/florida-fraud-coalition/feed/ 0 http://www.carinsurancequotes.com/blog/pennsylvania-bans-texting_while_driving/ http://www.carinsurancequotes.com/blog/pennsylvania-bans-texting_while_driving/#comments Wed, 09 Nov 2011 16:35:25 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1221 John EganPennsylvania has become the 35th state to ban texting while driving.On Nov. 9, Pennsylvania Gov. Tom Corbett signed into law a bill that prohibits motorists from sending or receiving text messages while driving. The ban takes effect in 120 days. A driver who violates the law can be fined $50.Pennsylvania still allows talking on a cellphone while driving.The new law makes texting behind the wheel a primary offense, meaning that police officers can pull over motorists for that violation alone.“No text message is worth a human life. The message of this legislation is drive now and text later,” Corbett says.In 2010, distracted driving played a part in nearly 14,000 crashes in Pennsylvania, with nearly 1,100 of those crashes involving a handheld cellphone.One of the sponsors of the legislation, state Sen. Tommy Tomlinson, says the ban on texting is “one of the most important things we can do to prevent needless tragedies. Texting is one of the most dangerous distracted driving activities that motorists engage in. When you text, you have to take your eyes off the road, you aren’t paying attention, and the consequences can be deadly.”To find out whether your state bans texting while driving, visit the website of the Governors Highway Safety Association.]]> http://www.carinsurancequotes.com/blog/pennsylvania-bans-texting_while_driving/feed/ 0 http://www.carinsurancequotes.com/blog/men-drivers-women-drivers/ http://www.carinsurancequotes.com/blog/men-drivers-women-drivers/#comments Fri, 30 Sep 2011 19:42:04 +0000 Administrator http://www.carinsurancequotes.com/blog/?p=1191 John EganHere’s some new information that’s bound to spark discussion at home, at work or in your car: Women believe they’re safer drivers, and most men don’t necessarily disagree.According to results of a MetLife Auto & Home American Safety Pulse Poll released Sept. 30, only 39 percent of men think they’re safer drivers than women, but 35 percent of men are unsure which gender is safer behind the wheel. Women, on the other hand, take a much more definitive stance – 51 percent think they’re safer drivers than men and 24 percent are undecided.“Despite the long-standing, good-natured debate between men and women about who is the better driver, one thing that’s not debatable is the responsibility drivers have when operating their vehicles,” Bill Moore, president of MetLife Auto & Home, says in a news release. “Safety knows no gender — whether a man or a woman is behind the wheel, an attentive driver remains the most effective deterrent to auto accidents.”On this subject, women do have some evidence in their corner.For instance, a 2008 study by a company called Quality Planning found men are cited for reckless driving 3.41 times more often than women. And a study issued in 2010 by the New York City Department of Transportation found that 80 percent of Big Apple crashes that kill or seriously injure pedestrians involve male drivers.Worth noting is that men rack up about 60 percent of the miles driven each year in the United States, and women account for the remainder.]]> http://www.carinsurancequotes.com/blog/men-drivers-women-drivers/feed/ 0