Accident on private property who is at fault?

Accident on private property who is at fault?

Question: My father had a accident in Houston, Tx when he was just pulling out of burger king drive thru some man was not paying attention and side swiped my father on the drivers side of the car, there is damage to our vehicle and none to his. We have a claim number and everything but now after the information was exchanged he is calling us back saying that he will not pay the damages because it was on private property.... Who is at fault and is there any way that we can take them to court since they drove off and we were unable to file a police report?

Asked by nikyo_kurasaki 6 hours ago

Answer: The fact that the accident happened on private property doesn't denote fault or have anything to do with a liability decision. Most times, police will not come out to a scene of an accident if it happens on private property so "blue forms" should always be filled out after the fact. This form is a filing of the accident with the police, after the fact. You can still do this filing. The problem with not having police come to the scene and document the accident, is that people can change their stories and it ends up being one person's word against another. If this happenes, it could be hard to collect from the other person and Insurance companies will probably side with their own insured. Go ahead and place a claim with the insurance comany of the other party for a decision.
To prevent this situation, always call the police. They will usually ask if someone is hurt and if there is no injury, they will not come to the scene. Be sure to file a blue form report anyway, take lots of pictures of the scene, damages to each vehicle, get the names and contact information from witnesses, and exchange insurance information. If you still can't collect from the other party or their insurance company, you can take them to small claims court. If all else fails, file for repair coverage with your own company and they will try to recover their money plus your deductible, if there is enough evidence to support your case.

Texas Financial Responsibility Law: Minimum Auto Liability Insurance Limits have Increased

(October 2010)

Texas law requires people who drive in Texas to be able to pay for the auto accidents they cause. Most drivers do this by buying automobile liability insurance.

Liability insurance pays to repair or replace the other driver’s car and pays other people’s medical expenses. It does not pay to repair or replace your car or for your injuries.

The minimum coverage amount required by the state’s financial responsibility law is $25,000 for each injured person, up to a total of $50,000 per accident, and $25,000 for property damage.

The limits will increase on January 1, 2011, to $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage per accident.

Financial Responsibility
Financial responsibility is the ability to pay for any accidents you cause. The state’s Transportation Code lists various ways for drivers to establish financial responsibility. Most drivers do this by buying automobile liability insurance.

Violating the Law
There are severe penalties for violating the state’s financial responsibility law. A first conviction will result in a fine between $175 and $350. Subsequent convictions could result in fines of $350 to $1,000, suspension of your driver’s license, and impoundment of your automobile.

When you obtain an auto insurance policy, your insurance company will send you a proof-of-insurance card. You will need this card to show proof of insurance when you
are asked for it by a law enforcement officer have an accident register your car or renew its registration obtain or renew your driver’s license get your car inspected.

TexasSure
TexasSure is a vehicle insurance verification system that allows law enforcement, county tax officials, and vehicle inspectors to confirm whether a vehicle in Texas has personal auto liability insurance coverage. This means, for example, that a law enforcement officer can electronically confirm during a traffic stop whether a registered vehicle has insurance in effect.

TexasSure will help reduce the number of uninsured vehicles in Texas. An estimated $4 million vehicles – one in five – on Texas roads are uninsured. The program should also prevent motorists from avoiding the law by using counterfeit proof of insurance cards or canceling cards after they’re used for a registration or inspection.

For more information, visit the TexasSure website

www.TexasSure.com

Obtaining Auto Insurance
Contact an insurance company or agent in your area to buy auto insurance. In addition to liability insurance required by law, you can also purchase additional coverages to cover yourself and your property.

Rates vary widely among companies, so it pays to shop around. Make sure you get quotes from several companies and agents before you buy.

The Texas Department of Insurance (TDI) provides several helpful publications and web resources to help you shop:

Texas has a Consumer Bill of Rights for auto insurance. Your insurance company must send you a copy with your policy. Read it to understand your rights and responsibilities under Texas law.

Having Trouble Finding Insurance
If a company turns you down, keep shopping. Companies have different criteria for accepting drivers for coverage.

If you’ve been rejected by two insurance companies, you might be able to buy basic liability insurance through the Texas Automobile Insurance Plan Association (TAIPA). TAIPA doesn’t provide collision or comprehensive coverage or higher liability limits than the law requires. You can add personal injury protection and uninsured/underinsured motorist coverage.

For TAIPA coverage, contact an agent who will submit your application to TAIPA. TAIPA will then assign you a company to collect your premium and pay your claim.

A licensed insurance agent must submit your application to TAIPA. TAIPA will assign you a company that will collect your premium and pay your claims. The company will provide coverage for up to three years. Call TAIPA for more information,

1-800-580-8247
444-4441 in Austin

Help with an Insurance Complaint
If you have an insurance-related complaint, first try to resolve the problem with the company. Complaints often result from misunderstandings and can be worked out by discussing your issues with the company. Most companies in Texas have toll-free numbers for customer assistance. Read your policy to find out how to contact the company.

Texas has a Consumer Bill of Rights for auto insurance. Your insurance company must send you a copy with your policy. Read it to understand your rights under Texas law.

If you're unable to resolve your issue by talking with the company, file a complaint with TDI.

Read about TDI’s consumer complaints process in the Helping You With Your Insurance Complaint publication. You may also e-mail, mail, or fax your complaint along with copies of your supporting documents to

Texas Department of Insurance
Consumer Protection Program (MC 111-1A)
P.O. Box 149091
Austin, TX 78714-9091
Fax: 512-475-1771
E-mail: ConsumerProtection@tdi.state.tx.us

For More Information or Assistance
For answers to general insurance questions or for information on filing an insurance-related complaint, call the Consumer Help Line between 8 a.m. and 5 p.m., Central time, Monday-Friday, or visit our website

1-800-252-3439
463-6515 in Austin
www.tdi.state.tx.us

For printed copies of consumer publications, call the 24-hour Publications Order Line

1-800-599-SHOP (7467)
305-7211 in Austin

Help us prevent insurance fraud. To report suspected fraud, call our toll-free Fraud Hot Line

1-888-327-8818

To report suspected arson or suspicious activity involving fires, call the State Fire Marshal’s 24-hour Arson Hot Line

1-877-4FIRE45 (434-7345)

The information in this publication is current as of the revision date. Changes in laws and agency administrative rules made after the revision date may affect the content. View current information on our website. TDI distributes this publication for educational purposes only. This publication is not an endorsement by TDI of any service, product, or company.

Oak Forest Elementary School Fall Festival

Farmers Agent, David Lorms, and Customer Service Representatives Rebeccas Molnar and Weldon Anderson participated at the Oak Forest Elementary School Fall Festival on November 13th. Information on Home, Driving and Bicycle safety was distributed as well as Child Identification Kits.

Durnham Elementary School Fall Festival 2010

On Saturday October 30, 2010, Farmers Agent David Lorms participated at the Durnham Elementary School Fall Festival, handing out driving, bicycle and home safey information, along with fire and educational coloring books. In addition, Child Protection Kits were distributed to help parents keep vital information on their children in one place should the child go missing. Local police were on hand to make fingerprints in the kits as well.

Renters Insurance Coverage

Standard Coverage Optional Coverages
At Farmers we realize that your belongings are just as important as a homeowner's belongings. Our renters policy provides coverage for your household contents and personal belongings.

Furthermore, in the event someone is injured at your place, you could be held legally liable for the injury. Our renters policy provides personal liability coverage should this ever occur.

As a Farmers customer you have access to HelpPoint, a unique claims service that has been recognized by JD Power three years in a row for providing an "outstanding customer service experience." You can call HelpPoint® for immediate assistance, 24/7, free of charge.

Best of all, you get a Farmers agent who can answer your questions about the policy and its coverages, discounts you may qualify for and deductibles you may choose. Most importantly, your Farmers agent can help you choose the coverage you want with flexible payment terms you can live with.

Standard Coverage:
Your Possessions
You choose the amount of coverage based on the property you own.
Personal property is covered anywhere in the world.
Coverage is on a named-peril basis, which means that only losses resulting from causes listed in the policy are covered (subject to exclusions).
Liability

Pays when you're legally liable for someone else's bodily injury or property damage resulting from an accident, negligent acts by you or qualified household members (on or off premises) and the acts of your pets.
Includes costs to resolve claims or defend lawsuits brought against you.

Medical Payments
Pays medical costs for people injured at your residence (other than residents of your household), regardless of liability.

Additional Living Expenses
Covers additional living expenses if a covered loss makes your living quarters uninhabitable. Coverage is based on a percentage of the amount of insurance you choose for your personal property.

Optional Coverage:
Scheduled and unscheduled coverage of important valuables is available.

Replacement CostContents replacement cost is available to pay for the cost of repairing or replacing lost or damaged items without deducting for their depreciation.


Identity ShieldSMState-of-the-art assistance in the resolution of identity theft events, advocacy services relating to the prevention of identity theft and replacement of certain important documents.

October 4, 2010

Letter to the Editor
The Wall Street Journal
1211 Avenue of the Americas
New York, NY, 10036

The Complete Picture

Shift to Wealthier Clientele Puts Life Insurers in a Bind (Oct. 4, 2010) It is true, wealthier Americans spend more on life insurance than middle-income Americans – they generally need more coverage and therefore pay higher premiums. Many experts recommend buying enough life insurance to cover six times salary so the family can meet its financial obligations if the primary wage-earner dies. Clearly – larger policies will be bought more often by more affluent households.

But this doesn’t provide the complete picture. When LIMRA releases its sales results, we always give two metrics: premium and policy count. The reason we share both is because each is very important to get a complete picture of the life insurance market.
Let’s take a look at what happens when you look at policy count.

The majority of existing permanent policies are owned by middle-market consumers. The affluent (household income of $100,000 or more) own just 27 percent of existing permanent life insurance policies while 73 percent of the existing permanent policies are helping average Americans. Those earning $25,000 to $99,000 comprise 55 percent of the population, but own almost 60 percent of existing permanent policies.

If you look at new sales by policy count, consumers earning under $100,000 represent 72 percent of newly purchased permanent life insurance policies. So by this measure, it is truly middle America who are buying permanent and benefiting from it.

Recent LIMRA research found that 30 percent of U.S. households do not own any form of life insurance—a 50-year low. We also know that 75 percent of households have less than a month’s savings. What will these families do if their primary wage-earner died unexpectedly?

This is not the time to make buying life insurance less attractive. Collectively, we should be finding more ways to encourage consumers to get the coverage they need.

Finally, as researchers we know that it is critical to look at all the data before making conclusions. We encourage others to do the same.



Robert A Kerzner,
President and CEO of LIMRA, LOMA and LL Global
Windsor, Connecticut

Precious cargo on board

If you have children, you know how important it is that they're secured when you're driving with them. But did you know incorrect usage of a car seat is common — and that even a minor mistake in usage can cause serious injury?1 Here are some tips that may help you use your child's car seat correctly:

Never put an infant in the front seat of a vehicle with a passenger air bag — even if you think it’s been disabled.
Route harness straps in lower slots at or below shoulder level.
Keep harness straps snug and fasten the clip at armpit level.
Make sure the straps lie flat and aren’t twisted.
Dress your baby in clothes that allow the straps to go between the legs. Adjust the straps to allow for the thickness of your child’s clothes. Don’t use bulky clothes that could increase slack.
To keep your newborn from slouching, pad the sides of the seat and between the child’s legs with rolled up diapers or blankets.
When in the car, put the car seat carrying handle down.
For the best neck protection, infants should ride in the backseat facing the rear of the vehicle until at least 1 year of age and 20 pounds. Then they can ride in forward-facing child car seats (still in the backseat). Recline the rear-facing seat to a 45-degree angle. If your child’s head flops forward, the seat may not be reclined enough. Tilt the seat back until it is level by wedging firm padding, such as a rolled towel, under the front of the base of the seat.

To keep the car seat from being thrown forward in a crash, all new seats are required to be equipped with top tether straps — a belt that’s attached to the car seat and bolted to the window ledge or the floor of the car. Tether kits are also available for most older car seats — check with the manufacturer.

For more information about infant or toddler car seats, go to the Web site of the Insurance Institute for Highway Safety. Also check out the National SafeKids Campaign which offers a free Child Car Seat Locator. Enter your child’s age and weight, and you can view a list of recommended car seats.

Is your child ready for a regular seat belt?
Children should be in an appropriate car seat or booster seat until they’re about 8 years old, unless they are already 4 feet and 9 inches or taller.2 After that, they should be properly seated with a lap and shoulder belt. Children age 12 and under should remain in the rear seat. All passengers should wear lap AND shoulder belts at all times. Laws can vary by state and municipality. See the IIHS List of State Laws for Vehicle Restraints or the Inventive Parent Car Seat Laws page.

Secure your precious cargo
Motor vehicle crashes are the number one killer of children from ages 1 to 14 and many of these deaths involve children that are unrestrained.3 Many are also avoidable with the proper use of the proper car seat. Give me a call: I can give you more information so that you can secure your precious cargo and enjoy your travels.

1Source: http://www.iii.org/Articles/Child-Safety-Seats.html
2Source: http://www.car-safety.org/faq.html#Q3
3Source: http://www.car-safety.org/faq.html#Q1