With Mediator, Boeing and Union to Renew Contract TalksNegotiations to end a 45-day machinists union strike against the Boeing Company will resume with a federal mediator in Washington, D.C.Mr. Mugabe’s Latest BetrayalIt will take a lot more international pressure to force President Robert Mugabe of Zimbabwe to respect a power-sharing deal with Morgan Tsvangirai.Former Finnish President Wins Nobel Peace Prize<a href="http://www.nytimes.com/2008/10/11/world/europe/11nobel.html?partner=rssnyt&emc=rss"><img src="http://graphics8.nytimes.com/images/2008/10/11/world/11nobel_75.jpg" border="0" height="75" width="75" hspace="4" align="left"></a>Martti Ahtisaari has worked to end conflicts in troubled spots around the world for more than three decades.Companies Unlikely to Use Arbitration With Each OtherThis week, the Supreme Court will hear arguments in a case about the enforceability of arbitration agreements.Zimbabwe Rivals Strike a Bargain to Share PowerIt was unclear what a deal between the opposition leader Morgan Tsvangirai and President Robert Mugabe entails.Study Finds Settling Is Better Than Going to Trial<a href="http://www.nytimes.com/2008/08/08/business/08law.html?partner=rssnyt&emc=rss"><img src="http://graphics8.nytimes.com/images/2008/08/08/business/lawsuit75.jpg" border="0" height="75" width="75" hspace="4" align="left"></a>A study of civil lawsuits has found that most of the plaintiffs who decided to pass up a settlement offer and went to trial ended up getting less money.Swimmer Pulls Out, Upsetting Her Rivals<a href="http://www.nytimes.com/2008/08/02/sports/olympics/02swim.html?partner=rssnyt&emc=rss"><img src="http://graphics8.nytimes.com/images/2008/08/02/sports/olympics/02swim.75.jpg" border="0" height="75" width="75" hspace="4" align="left"></a>Jessica Hardy withdrew from the United States swim team, declining to pursue an appeal after a failed drug test.Change in Arbitration Panels Will Allow Investors OnlyInvestors who think they have been wronged by brokers will be able to have their cases heard by panels consisting only of their peers, with no industry participants.Talks to Start on Zimbabwe CrisisSouth Africa is hoping to convene negotiations between Zimbabwe’s feuding political parties on Tuesday, one day after their leaders met face to face.Zimbabwe Rivals Tentatively Begin Talks on Political CrisisThe talks between President Robert Mugabe’s ruling party and the opposition are preliminary, but their start is a victory for South African Thabo Mbeki, the regional mediator.Qatar, Playing All Sides, Is a Nonstop MediatorIn an increasingly divided Arab world, the Qataris have fashioned a reputation as independent arbitrators.Complex Ties Lead Ally Not to Condemn Mugabe<a href="http://www.nytimes.com/2008/06/27/world/africa/27mbeki.html?partner=rssnyt&emc=rss"><img src="http://graphics8.nytimes.com/images/2008/06/27/world/zimbabwe_7575.jpg" border="0" height="75" width="75" hspace="4" align="left"></a>South Africa’s president, Thabo Mbeki, is convinced that he can resolve the Zimbabwe crisis through patient negotiations with Robert Mugabe.Canada Offers an Apology for Native Students’ Abuse<a href="http://www.nytimes.com/2008/06/12/world/americas/12canada.html?partner=rssnyt&emc=rss"><img src="http://graphics8.nytimes.com/images/2008/06/12/world/school.75.jpg" border="0" height="75" width="75" hspace="4" align="left"></a>The Canadian government apologized for forcing about 150,000 native children into government-financed residential schools where many suffered physical and sexual abuse.Israel Holds Peace Talks With SyriaThe governments confirmed that Israel and Syria have begun indirect peace talks, mediated by Turkey, aimed at reaching a comprehensive accord.Advice From White House Is Not Always FollowedIsrael’s decision to enter into peace talks with Syria is at odds with the course counseled by the White House.
pay out in a fair manner,and if you are the defendant in the case (the tortfeasor ),expect that your chances of being involved in a lawsuit are muchhigher than if you were insured with another (quality) company.
Since insurance is going to foot the bill anyway, why shouldthat impact you? Well, you’ll have to be inconvenienced at home,at work, and at trial. You’ll be sued; you will have to taketime off of work to see the attorney who will be hired by yourcompany to represent you; and you’ll have to testify atdepositions and/or trial. Remember, you will not be paid lostwages to participate in your own defense. But in addition to thetime involved, it can be very stressful to be in a lawsuit. Youwill have to answer under oath regarding a number of topics, andyour spouse may also have to participate.
However, the biggest impact of adverse treatment by your owninsurance company may not come when you are a defendant, but maycome when you are a claimant versus your own company. This couldbe as a claimant under your own policy, either for payment ofmedical expenses or payment of wage loss under the PersonalInjury Protection ( PIP/MedPay ) provisions, or forunderinsured/uninsured UIM coverage.
It is in these circumstances that many first party carriersbecome aggressive and literally cheat their own insureds out oflegitimate payments. Most consumers have little knowledge ofthese practices, and aggressive companies are almost alwayssuccessful in cutting off PIP payments for treatment far earlierthan your own doctor would recommend. That is where they makethe money and that’s where you’ll find yourself in need of somehelp.
The company will respond that you have the right to arbitration.But no attorney is going to become involved in a Personal InjuryProtection/Medical Pay (PIP/MedPay) arbitration. There is notenough at stake to merit the time and effort. You can be at themercy of the company, so select wisely. In this respect, theleast expensive coverage may be no bargain at all .
Be aware that the first party carrier that advertises thecheapest price is likely the one who will deny payment formedical coverage sooner than the other carriers. They can bequite aggressive in this respect as described in all of the IME,Medical Care and the PIP/MedPay sections. They will use the ruseof a “records review” or an “independent” medical examiner ( IME) to deny payments due to your own doctor/chiropractor for yourcontinued reasonable and necessary care. The so-called“independent” doctor they select is hired by the insuranceindustry to (nearly always) say that you “have reached maximummedical improvement, and no further treatment is necessary.”
The same type of carrier is also the one that will likely seekto limit your recovery on UIM by requesting arbitration morefrequently than other carriers. These claims involve all of thedamages you would expect to recover from the tortfeasor,including general damages . Thus, there can be quite a bit ofmoney at stake, since general damages are usually a multiple ofthe cost of your medical care.
In evaluating UIM coverage, see if you can find out whatpercentage of claims are settled, mediated, arbitrated, or triedto a jury (this jury trial clause is inserted by only a fewcompanies).Does your Insurance Commissioner have any idea howoften a carrier forces its own insureds into arbitration, ratherthan agree to the more desirable non-binding forum?Arbitration and usually involve attorneys who areknowledgeable in personal injury matters as mediators orarbitration panel members.
Or, worse, do they force their own UIM claimants to go intocourt and present their claim to a jury?
Do you have the right to choose arbitration in UIM? Is yourcompany is deceiving you with a clause that removes your rightsto arbitration. Here is a Specific Question for the SalesRepresentative Regarding Forcing You to a Jury Trial
Please check your policy and ask the sales representative to besure that your carrier does not reserve the right to a jurytrial in its UIM disputes.
The tricky little phrase used in policies issued in recent yearswas to the effect that “disputes hereunder will be resolved byarbitration, unless either of the parties elects to have thedispute resolved as in other civil matters” . You probably wouldnot see anything wrong with that phrase, but it is deceptive inits apparent innocence. It is a powerful tool and will in turn,only benefit the insurer.
That little phrase was intended to give the insurance companythe right to a jury trial in resolving your dispute with yourown company.If you and they disagree, you will not have theright to an arbitration; they will just tell you to go file acourt action. And the insurer will always ask for a jury trial.
Why don’t you want a jury trial? First, you will have to pay touse the court system. You must file the lawsuit, and you willhave to serve it (although they will likely accept mailservice). Second, there is likely a much longer wait (currentlyone and a half to two years is common) for you in obtaining ajury trial date than there would be to put together anarbitration panel of attorneys. Who wants the delay? Theinsurance industry makes a lot of money on investments, whereasyou will always need the cash to make up for some of theproblems caused by the accident.
Third, it is tremendously more expensive than any other forumfor resolution in your time and your costs. In arbitration, youcan submit medical records to be read by the arbitration panel,and perhaps call just one of your doctors. You will pay for anytime your doctor has to spend in preparation and testimony, soyou will want the less formal proceeding (such as arbitration)because her fees will be a fraction of those at trial.
At a jury trial, you must present some live testimony from yourdoctors. (Although some records can be admitted without thedoctor present, attorneys usually want the doctor present tospeak to the jury, whereas at UIM arbitration, the attorneyknows that the panel of trail attorneys will have somefamiliarity with the medical specialty, medical terms,prognosis, etc., and she therefore can simply admit the recordsand argue from them.) This testimony is expensive, because youwill likely pay their full time away from the office, includingcourtroom waiting time, regardless of the results). It is adelay of a year or two, depending upon your jurisdiction, and ittakes a much greater effort to succeed with higher risks than atarbitration. Therefore, the company knows that you are morelikely to compromise and accept a lower award than if you wentto arbitration. So please consider this an important issue inselecting your company.
Think Preventive—Protect Yourself, Your Family, and YourPassengers
We’ve seen far too many cases where the insured, in an effort tosave a dollar up front, has left him or his family exposed.Insurance is a good investment; it is necessary; and, it shouldbe purchased in anticipation of traumatic events.How can youforesee only limited consequences of an accident? You can’t.
Here are two examples of places where we have seen insuredsdeprive themselves of necessary coverage. The first and mostobvious is PIP/MedPay .Insured people who have a good medicalplan, an HMO, or who are covered through the military, oftenthink they will rely on their medical plan and decline to takePIP/MedPay. This is a serious mistake.
Often, medical plans (or military) do not afford anything morethan the long gray line of institutionalized medicine, wheretreatments and referrals are very limited. By contrast, your ownPIP/MED PAY allows you to select your own doctor, chiropractorand other health care professionals such as specialists, withmuch more freedom of choice. Moreover, PIP also pays a portionof your wage loss (MED PAY does not). It would be an error topass by a chance to purchase PIP. Please note that your HMO orhealth plan or military access affords no protection whatsoeverfor your passengers. What will you tell the parents of thechildren who were riding with your child on an outing
On to part 4
About the author:Jeanine Steele is an editor with SettlementCentral.Com, theonline resource for do-it-yourself personal injury claims.
