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LATE REPORTING OF CLAIMS

LATE REPORTING OF CLAIMS
Comes with consequences

Call Your Agent

So many things can happen in a short amount of time and when you delay reporting a claim, those “things” can be forgotten, embellished and/or lost forever. If it is something that can help in your defense, you don’t want it lost.

When you are involved in any type of claim that has property damage or injury, it is imperative that you let your insurance agent know as soon as possible so that the process of discovery can begin. In many instances, an insurance company can have an independent adjuster dispatched to the scene to begin the process.

Witnesses: When there are witnesses to a claim, it is critical to talk to those witnesses as soon as possible in order to get their version of the story. Details can become fuzzy or lost altogether as time goes by. Always get names and phone numbers of witnesses – especially if they cannot stay at the scene.

Your story: When you or a driver are involved in a claim, the details are so important, e.g. how many people were in a particular vehicle at that time? We see claims where individuals that were not even involved in the crash are claiming injury. Write down the details, take pictures and/or have someone in the company designated to conduct post-accident interviews.

Scene changes: The more time that goes by the more a scene can change. Skid marks fade and/or other skid marks occur, spills get cleaned and damages get repaired. When there isn’t proper documentation and examination of the scene, it becomes more difficult for a claims professional to do their job.

Unnecessary expenses: Expenses can occur when a claim is reported late to your insurance company. When a claimant’s vehicle is damaged, they will likely need a rental. The longer the life of the claim, the more rental expense is incurred. Additionally, claimants can rationalize that the insurance company is not properly tending to their claim and respond by hiring an accident attorney. These attorneys are synonymous for inflating charges.

Your damages: Another item to note is that when you are involved in a claim, your damages need to be fixed as soon as possible as well. We see claims where damaged parts from a previous crash fall off of the vehicle and cause another separate claim.

Please report your claim as soon as possible to give your claims professionals the best chance at defending you and reducing your exposure to unnecessary costs. A notice of an incident to an agent is a notice of claim. You should expect confirmation from the insurance company of the claim within a reasonable amount of time.

Spotlight on crashes

Multiple Vehicle Crash

As we have noticed an uptick in the frequency of multiple-vehicle crashes, we would like to pass on some key points to consider with respect to liability arising out of these types of crashes. The key for investigators is to determine the sequence of events. The following would be typical questions you might be asked following a crash.

      1. Were you stopped before the impact?
      2. If not, how far were you from the vehicle ahead before you made contact?
      3. How many impacts did you feel?
      4. What was the severity of each impact?
      5. Was a lane change the cause of the crash?

In addition to the information above, any photos that you could provide before the vehicles are moved would help to preserve the scene for accident investigators. As always, safety first. Do not put yourself in an unsafe area to take photos. When safe, take photos of all angles, both the whole scene and the impact areas. Take photos of signs, intersections and skidmarks. Photos go a long way in helping claims representatives to corroborate any received testimony.

An ounce of prevention is worth a pound of cure. Always give yourself enough room to stop behind the vehicle in front of you. If you are being followed too closely, increase your distance from the vehicle ahead to help prevent a rearend crash.
Another type of crash we are seeing more often is trucks backing into dock doors and stationery vehicles. These accidents have been occurring with seasoned drivers. Safety coordinators should add these accident types to their driver meeting notes as the development of bad habits and not asking for assistance is more likely to blame than actual ability.

When a parking situation is tight – especially when backing, you should always get a spotter to assist you. If the area appears to be too tight, stop and ask to have the obstacle moved to accommodate your truck and trailer size. Do not risk a claim. When backing without a spotter, be sure to get out of the truck and check for obstacles and people that might be behind and/or alongside your vehicle and trailer.

Port collisions among truckers are on the rise

portImage

 

Crashes at the ports are becoming an all too common occurrence as truckers line
up at terminal gates and jockey for position to get in and get out as painlessly as
possible.

At the port, traffic control is often an oxymoron. There can be trucks entering and exiting the gates from all different directions with line stalkers looking for the opportunity to cut in on truckers who leave room and/or attempt not to block onstreet traffic lanes. With inflamed tensions, trucks bottleneck at the gates. There is obvious work to be done for the ports and truckers to come together to keep tensions in check and the traffic flowing as smoothly as possible.

Be aware that in those instances when trucks are too close together and tensions
are heightened, collisions are occurring at an increased rate – it is a very frustrating
situation for all involved. On the insurance side, the ports aren’t allowing claims
professionals entrance inside the terminal gates to perform investigations. Truckers
need to understand that because of this, it becomes a “he said”, “she said”
scenario. And, if the other guy has photo evidence and/or witnesses to corroborate
his claim, the preponderance of evidence can favor the other guy. Our claims
professionals need you to be aware of this situation and be prepared to take photos
of the accident scene. Take wide (panoramic) shots as well as closeups, and if
you can, get names and numbers of any witnesses. Notable is that we have had
instances where a trucker who hit one of our guys produced witnesses that (while
they were at the port) were not at the collision site at the time of the collision. It was
only through photographic evidence that we were able to discredit those witnesses.

While the ports around the country are making efforts to smooth the flow of traffic
through appointments, extended gate hours and other efficiencies it is still the
responsibility of truck drivers to operate safely. And, if/when you have a collision
preserve the scene as best as you can through photos/video and get names and
numbers of any witnesses.

These simple actions will go a long way towards defending your liability and
protecting your safety record and loss ratio.

Seasonal driving tips

The wrong mapping device could send you over the edge

Before you go on your next trip, make sure you check the weather and road conditions, and oh yes… if you’re going to use a GPS device, choose one designed for commercial driving.

Example: A truck driver (just last month) drove almost to the top of Butterfield Canyon Utah where he came within inches of falling down a one hundred foot drop-off. Despite very narrow and winded roads, the driver kept going because his GPS instructed him to. Ultimately, he got to a place where he couldn’t make the turn. The rescue took six hours and meant two-thirds of his cargo had to be off-loaded so a front-end loader could lift the trailer around the hairpin turns to a place where the he was able to turn around.

Not all navigation systems are the same and the shortcut you trusted to save you time and fuel could end up costing you more than you bargained for. It is extremely important for truckers to understand important route restrictions, road and weather conditions. Commercial mapping devices choose routes based on your vehicle’s length, width, height, axle weight and hazardous materials onboard. They can track fuel purchases, list truck stop and service locations and include real-time weather overlays.

Adjust your driving to fit conditions

• Turn off your cruise control.
• If you lose traction with the road, gradually slow down. Don’t slam on the brakes.
• Use caution when driving on bridges or overpasses. Because of their elevation, the ground does not warm these surfaces and they are the first to freeze and become slippery when the temperature drops. Shaded areas also remain cooler and freeze faster.
• Know your route. Some roads are regularly maintained while others less frequently leaving the potential for dangerous obstacles and surface damage to contend with.
• Don’t drive fatigued. If you’re feeling tired, find a place where you can safely pull off the road and rest.
• Always perform a pre-trip inspection testing the heater and defroster, lights, wipers, battery and tires.
• Be sure to use antifreeze that’s good to -25°F; check and fill washer and other fluids and make sure hoses aren’t loose or brittle.
• Keep an automotive safety kit in your vehicle.

 

Underride Guards Fail Critical 30% Test

Trailer underride guards, while improved, did not pass the Insurance Institute for Highway Safety’s (IIHS) critical 30% test. According to the IIHS, trailer underride guards on modern trailers do a pretty good job at keeping vehicles from sliding underneath them, but primarily when the crash occurs directly behind the trailer. IIHS tests show that when a vehicle strikes a portion of the trailer (overlap), most trailers fail to prevent potentially deadly underrides.

In a IIHS study of 115 crashes in which a passenger vehicle struck the back of a heavy truck or semitrailer, results showed that 80% were underrides. Of those crashes involving underride, 82% were fatalities; about half of those with severe underride had overlaps of 50% or less.

IIHS engineers most recently crash-tested trailers from eight of the largest manufacturers. In each test, a 2010 Chevrolet Malibu struck a parked tractor-trailer at 35 mph. When the car was aimed at the center of the trailer, all successfully prevented the underride.  When the mid-point of the car struck the trailer edge, only one guard failed to prevent the underride.  However, when the portion of the vehicle striking the trailer was reduced to 30%, all but one failed. The 30% overlap is used by the IIHS for testing because it is the minimum overlap under which a passenger vehicle occupant’s head is likely to strike a trailer in an underride guard failure. It is important to note that in successful tests where the guards held up, the Malibu’s structure and airbags protected the dummy.
Earlier test results from the IIHS showed that the size and strength of the guards were inadequate  leading the IIHS to petition the National Highway Traffic Safety Administration (NHTSA) in 2011 for tougher standards. In that set of tests, IIHS engineers crash-tested trailers from three manufacturers (Hyundai, Vangard and Wabash). The Hyundai trailer failed all tests. Vangard failed the 50% and 30% tests while the Wabash trailer failed the 30% test.

Since 2007, under Canadian regulation, a guard must withstand about twice as much force at the point where it attaches to its vertical support compared to the U.S. rule. It’s encouraging to note that while NHTSA has not issued any additional requirements on trailer underride guards, trailer manufacturers have responded to the IIHS results by installing guards that are much stronger than required. All eight manufacturers now have underride guards meeting the Canadian standard, and none of the current designs had any difficulty passing the full-width test.

According to the IIHS, the location of the guards’ vertical supports appears to be a problem. As the supports are attached to the slider rails which allows the position of the wheels to change depending on the load, the vertical supports are located an average of 28 inches from the trailer’s edge. Manac, a Canadian manufacturer and the only one to pass the 30% test, attaches its guards to a reinforced floor and spaced just 18 inches from the edge.