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Been Treated Like Dirt by Allstate Insurance? Now We Know Why.

Walton Barber, LLP — Thu, 10 Apr 2008 16:10:37 GMT

Allstate Insurance has been telling its customers for years they are in "good hands." Little did they know that those hands were inside “boxing gloves."

This stunning article in the Herald Tribune is a must read for anyone who has Allstate Insurance. Last week Allstate Insurance posted online 150,000 pages of documents that reveal a national strategy on Allstate's part to force customers to accept lowball settlements or face years of litigation in court.

The documents describe a two-pronged strategy.

"First, the company evaluates claims with a computer program called “Goliath” designed to reduce payouts by as much as 20 percent of what the company once paid for the same injuries.

Second, Allstate pushes policyholders to accept quick settlements without the help of lawyers. Policyholders who try to fight for more money face Allstate attorneys coached to refuse to negotiate and to drag out litigation.

The approach often forces car accident victims to take what Allstate offers right away or spend years in court while their bills go unpaid -- a strategy Allstate spelled out in guidelines for claims adjusters that “force the claimant and attorney to think about the obstacles they must overcome ..."

Allstate wanted to change the culture of how claims are made. It knew that most lawyers will take a one-third fee, and that cases that are prolonged in litigation, thus more costly, would ruin the economics of hiring a lawyer. Conversely, lawyers who know litigating small cases for a long period of time for a small fee is not worth the effort and over time will quit taking those cases. The result is that people with legitimate claims, who are properly insured, are denied full justice because Allstate has a corporate policy to increase profits.

"The insurance company saw reduced payouts as a way to increase profits. Early on, consultants promised that driving down the "fair market value" of soft-tissue injuries, such as a fractured spine, chronic pain or limited mobility would generate profits "shareholders will notice." Combined with similar changes to Allstate's home insurance and collision programs, they predicted, the yearly gain could reach $1.1 billion."'

Get this, in a PowerPoint presentation, Allstate executives were advised to convince policy holders that they didn't need lawyers, and then target those who hired lawyers by delaying the payment of claims or forcing protracted litigation. According the article, Allstate wanted to "send a message to the market." Those who don't play the new game will get "boxing glove" treatment.

If you own Allstate stock, then all this low-balling, arm-twisting, and delaying of legitimate claimants probably doesn't bother you - Allstate's profits are up. If you're a claimant who is dealing with Allstate, well now you know why you’re being treated like dirt.

Originally posted at InjuryBoard by Walton Barber, LLP

Drunk Drivers Take Toll on Passengers

Walton Barber, LLP — Thu, 12 Jun 2008 13:47:18 GMT

In two recent car accidents, the passengers in cars being driven by individuals under the influence of alcohol suffered more harm than the drunk driver.

In the Bay Ho area of San Diego, a drunk driver crashed into a parked car. His passenger suffered a broken neck and a torn ear, but the driver suffered only bumps and bruises.

In another accident last week, well know surfer Milton Willis was reported to be driving while intoxicated, and lost control of his speeding car in Del Mar, crashing into a parked car and a palm tree. Willis’s passenger, Bradley James Dillahunty, was killed on impact.

This seems to be an unfair reality when it comes to passengers in the cars of drunk drivers. The driver seems to survive will less injuries than those of the passengers. The passengers and their families need to know that even though they are in the car with an intoxicated driver, it is still the driver’s responsibility to operate the car safely. The driver is, and will be, liable for any injury to the passenger.

Originally posted at InjuryBoard by Walton Barber, LLP

Feds Unveil School Bus Safety Rules

Walton Barber, LLP — Wed, 21 Nov 2007 23:24:00 GMT

Last week three children were hospitalized in the Mira Mesa area after a school bus accident. The children were riding iin the bus when it was sideswiped by a SUV. Luckily, none of the kids were seriously injured. Coincidentally, the federal government was preparing to unveil new rules to improve the safety of school bus seats, and to expand the use of shoulder belts.

Last Monday, U.S. Secretary of Transportation Mary Peters rode a school bus to Morrisville Elementary School to promote new rules regarding school bus safety. Peters sought to expand the use of shoulder belts and to increase the height of seat backs, bud declined to order that all buses be equipped with the safety features. She promised no new money to cover those costs.

"We want school districts to make that decision," said Peters, noting that smaller buses don't carry as many students. "They'll make the decision about how to protect the most children within their areas."

It doesn't make much sense to talk about school bus safety and propose new rules if districts are not going to be mandated to follow the new rules and provided money to retrofit busses, particularly with regard to seat belts. It's a travesty that every school bus in this country is not equipped with seat belts. If the federal government is going to involve itself in school bus safety, it ought to start by making sure every bus in the country is equipped with seat belts.

For more information on this subject, please refer to the section on Airline, Bus, Cruise, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Walton Barber, LLP

Man Killed in Head-On Collision with Suspected Drunk Driver

Chrissie Cole — Mon, 20 Aug 2007 03:51:26 GMT

A 45-year-old man lost his life in a tragic car accident, Saturday, in a head-on collision involving an alleged drunk driver.

He was traveling east on SR-78 in his 2007 Toyota Tacoma when a 2000 Ford Expedition crossed the double yellow line and smacked into the left front side of his pickup.

The Expedition drifted first onto the right side of the road and then turned left into eastbound traffic, colliding with the truck, California Highway Patrol said. The driver of the Tacoma was pronounced dead at the scene.

The driver of the Expedition was transported to the hospital, her injuries are currently unknown. She has been arrested on suspicion of felony driving under the influence.

For more information on this topic, please visit our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Chrissie Cole

Five Dead After Planes Collide in Southern California

Jenny Albano — Tue, 22 Jan 2008 02:25:06 GMT

On Sunday, January 20, two small planes collided in Southern California killing five people, four from the planes and one bystander on the ground.

The planes crashed at approximately 3:35 PM, about a mile from the Corona Municipal Airport, raining debris all over the car dealership below.

Two people were killed from each plane, and a fifth was killed inside a Chevy dealership hit by wreckage, said Wayne Pollack of the National Transportation Safety Board. "There were bodies falling out of the sky," eyewitness Hector Hernandez told KCBS-TV. "One of them crashed into the top of a Ford Mustang, and another one fell not too far behind that one on the parking lot."

Investigators have been unable to make their way through the debris from one of the planes, so they do not know how many passengers the aircraft was carrying. Pieces of the plane landed all over the parking lot of a car dealership and landed on top of the cars. The debris was mostly contained to a 300 yard perimeter, but some debris was found up to 1,000 yards away.

One of the planes involved in the crash is registered to William A. Reinke. Reinke declined to say who was flying his plane or who was on board.

Federal Aviation Administration spokesman Allen Kenitzer did not immediately know where either plane was headed or whether there were any distress calls. The Corona airport does not have a staffed control tower.

For more information on this subject, please refer to our section on Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Fatal Accident on I-5

Christina Cole — Fri, 29 Dec 2006 02:05:35 GMT

A deadly car accident that occurred on Interstate 5 created a massive traffic jam on Thursday.

Two cars were involved in the crash, which happened around 1 pm on I-5 just north of where the freeway splits.

According to California Highway Patrol, an object flew through the windshield of a silver Nissan xTerra SUV killing the driver. The vehicle passenger grabbed the steering wheel to try and regain control of the vehicle but the SUV crashed into another car.

The CHP said both the driver of that car and the passenger in the SUV suffered minor to moderate injuries. After officers arrived at the scene, they closed the two right lanes of the freeway, and the traffic rapidly backed up in the area.
Officials have not yet released the identity of the driver.

Originally posted at InjuryBoard by Christina Cole

Insurance Companies Must Pay the Claim, or Pay the Piper

Randy Walton — Fri, 05 Oct 2007 17:24:42 GMT

It goes without saying that in the political battles between the insurance industry and consumer organizations like trial lawyer groups the insurance industry has one giant advantage: money... and lots of it. This perennial battle continues up north in Washington where the insurance industry is trying to overturn a law that would force insurers to pay up to triple damages and attorney's fees if the insurance fails to pay a legitimate personal injury claim then loses in court.

Insurance giants like Allstate, State Farm, Safeco and Farmers have poured more than $8 million into the referendum battle.
Supporters of the law say it forces insurance companies to pay legitimate claims in a timely and fair fashion and frees the courts from relatively minor cases that clog the system for months and even years. One supporter, the Washington Trial Lawyers Association, has raised almost $900,000 to fight the insurance industry over the referendum.
"Insurance companies have figured out that they can make more money if they don't pay your claim,'' said Washington state Rep. Steve Kirby.
Kirby and his fellow Washington state lawmakers heard so many complaints from policy holders who believed insurers weren't treating them fairly that earlier this year they passed a law called "The Fair Conduct Act." Hearings were held, the bill was revised -- even watered down, according to Kirby -- and both the House and Senate passed it. The governor readily signed it.
But the very next day a coalition, funded primarily by insurance companies, moved in to stop the law from going into effect by filing petitions for a voter referendum on the law.

The goal of the law of course, is to ensure insurance companies act in good faith, and pay legitimate claims in a timely fashion. Unfortunately, that is frequently not the case which forces many legitimate claimants to hire law firms like ours to file lawsuits against the negligent actors. The truth is there are often two victims. The person who was injured by the negligence, and the negligent party, who expected the insurance company to pay the claims (for which the premiums have been paid), but instead becomes a defendant in civil court.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Randy Walton

CHP Believes Alcohol was Involved in Fatal Car Crash

Chrissie Cole — Fri, 28 Sep 2007 04:04:42 GMT

A fiery car crash yesterday morning on Interstate 8 claimed the life of one passenger and officials believe alcohol was a factor.

The driver of a 2000 Ford Taurus was driving recklessly just after midnight, trying to pass another vehicle by driving in the center line. He lost control of the vehicle when the tires hit the dirt causing him to swerve across the highway striking a BMW, according to California Highway Patrol.

The impact of the crash sent the Taurus down an embankment and into the backyard of a home, before catching on fire.

The passenger, who was killed in the crash, was a 25-year-old man, of Katy, Texas, according to the Medical Examiner.

The driver, who was wearing a seat belt, was taken to a hospital and arrested on suspicion of driving under the influence and vehicular manslaughter.
No one in the BMW was injured.

Originally posted at InjuryBoard by Chrissie Cole

Older Motorcycle Riders, More Motorcycle Accidents

Randy Walton — Mon, 10 Dec 2007 18:52:39 GMT

They say that 40 is the new 20, and 60 the new 40 (does that mean 50 is the new 30?), and now there is some discouraging evidence to prove it. Baby boomers are buying - and crashing - motorcycles in greater numbers.

According to trauma surgeon Thomas Velky of Escondido, hospitals around the country are treating a growing number of baby boomers for injuries related to motorcycle accidents.

Traditionally, motorcycle casualties mostly involved men barely out of high school, Velky said. But the demographics have been graying over the years.
In 1997, for example, 19 percent of motorcyclists killed in the United States were ages 40 to 49. The figure had risen to 23 percent last year, according to the National Highway Traffic Safety Administration. For the 50-to-59 age group, the total was 10 percent in 1997 and 18 percent last year. In the 59-plus category, the figure was 4 percent in 1997 and 7 percent in 2006.

Locally, nearly half of all motorcycle accident victims treated at Palomar Medical Center in San Diego County in 2006 were over the age of 40, and this year 250 motorcycle crash patients seen at the hospital were over 40.

The statistics support the evidence. In 1985 the median age of a motorcycle owner was 27. By 2003 it was 41. The reasons for the rise in median age vary, and are attributed to the disposable income of boomers, and the social aspect of riding a motorcycle. Whatever the reason, it goes without saying that those who have breached the age of 40 are less able to handle the today's more powerful bikes, and less able to heal from serious injury.

Those of us in San Diego County don't need to be trauma surgeons to notice the trend. Every weekend we see the packs of "grey goatees" cruising up the freeway or down the coast on their shiny Harleys.

For more information on this subject, please refer to the section on Motorcycle Accidents.

Originally posted at InjuryBoard by Randy Walton

Dummies Make Us Smarter About Accidents

Randy Walton — Fri, 19 Oct 2007 04:53:47 GMT

Automobile accident reconstructionists from all over California gathered in Anaheim on Tuesday to take part in the California Association of Accident Reconstruction Specialists' fall conference. As part of the conference, crash testing was done with crash test dummies.

Jerry Eubanks, a nationally recognized forensics expert in the reconstruction of automobile accidents, led the testing, and emphasized that every accident is different.

"I've had a case where at 55 mph there were very, very minor injuries. And I've had a case at 25 mph where there was a complete amputation of the lower legs," Eubanks said.
The car hit the 160 pound body at 25mph, knocking it into the air to land on the parking lot pavement 48 feet later. Fortunately the body was that of a crash dummy, and it was hit by a car in the name of science.

Also on hand were police officers from departments all over the state.

"We want to gather some data for these types of accidents," said Deputy Paul Wade of the Orange County Sheriff's Department.
Wade said the tests provided valuable data which will help police, insurance and private investigators know what physical evidence to look for in determining what happens in these types of accidents.
"We know a lot about these all ready, but very infrequently do we have time or the means in which we can actually do crash testing," Wade said.

After examining and collecting the physical evidence, mathematical equations developed from the tests can help investigators determine how an accident happened and frequently its cause.

The tests were conducted at the Honda Center in Anaheim.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Randy Walton