Articles Posted in Insurance Claims

People most are familiar with car accidents, they are fairly common. Accidents involving buses, planes, cabs, trains, Uber or other ride-sharing services are less common and are referred to as “common carrier” accidents. These cases present some unique challenges when compared to accidents involving only personal vehicles.  

If you’ve been injured in an accident with a common carrier vehicle, it is important to understand these differences. You should first seek medical treatment, but you should also seek experienced legal counsel to help you understand your rights and the potential implications of how to proceed.  

The Role of Insurance

We’ve written before about the effects that social media posts can have on your personal injury claim. If you have been injured in an accident and filed an insurance claim or personal injury lawsuit, you can be assured that the defendant’s insurance company or attorney will perform an online search to find out more information about you. They will most likely looking for information that they can use to deny your claim or downplay the seriousness of your injuries. In the age of social media, the best places to find this kind of information are Facebook, Twitter, Instagram, and other social media platforms. One of the biggest social media mistakes that a personal injury plaintiff can make is posting photos that make it seem like they are not as injured as they claim. This is exactly what happened to a North Carolina woman, who is being sued by her insurance company for fraud.

Cynthia McCullough claimed that she suffered from a debilitating condition known as reflex sympathetic dystrophy that made it difficult for her to get dressed and bathe herself and that she required in-home care. Since 2010, McCullough has received about $389,500 from her comprehensive long-term care policy from New York Life. However, her insurance company is now suing her for fraud after it discovered Facebook photos of her going down a slide and playing Skee-Ball at an arcade.

The lawsuit also accused McCullough of transporting heavy objects into her vehicle and moving freely during an investigation between December 2016 and January 2017. She was also spotted driving 50 miles from her home to a church. During a 15-day surveillance last year, McCullough was seen driving to several locations including a bank, two restaurants, a doctor’s office, and a gas station where she pumped the gas herself. New York Life informed McCullough in July that it was discontinuing her payments. She challenged the decision, stating that her condition was “severe and debilitating,” according to the lawsuit.

At least four lawsuits have been filed against a nursing home in Florida that was the site of eleven deaths in the wake of Hurricane Irma. The facility, known as the Rehabilitation Center of Hollywood Hills in Hollywood, Florida, lost power during Hurricane Irma, which subsequently knocked out the facility’s air conditioning. All victims of the tragedy are believed to have died from heat-related conditions or from existing conditions that were exacerbated by excessive heat.

The first lawsuit, filed by the family of 94-year-old Rosa Cabrera, is based in negligence and seeks unspecified damages. Cabrera, a diabetic with weight problems, had her left leg amputated last year and her right leg amputated in March of this year, just one month before she was placed in the nursing home. In their lawsuit, the Cabrera family said that, as a double amputee, she suffered injury, pain, and distress inflicted by the center’s staff, who should have known that she could not care for herself or escape the “horrific conditions” at the nursing home. Stuart Grossman, the Cabreras’s attorney, said that Cabrera was assured by the rehab center’s staff that she would be safe from the storm as Hurricane Irma approached Florida. Instead, the home placed her in unnecessary danger that could have cost her her life. He said that the center’s conduct far surpasses a failure to meet a standard of care because Cabrera was forced to endure unbearable heat when the staff did not immediately respond to the escalating medical emergency.

The nursing home, which has had its operating license suspended since the incident and is under criminal investigation by state and federal regulators, has defended its procedures before, during, and after the storm. In a timeline, the center said that two Florida Power and Light (FPL) transformers—one that powers the building’s life safety systems and the second the air-conditioning chiller—flickered and came back on on the afternoon of September 10th during the storm, but then the power to the AC chiller went down and did not come back online. Nursing home operators said they contacted FPL, state regulators, and even Governor Rick Scott’s cell phone, but received no assistance. They said the staff set up 10 spot coolers and fans on the first and second floors, and eventually obtained additional spot coolers from Memorial Regional Hospital, across the street.But the rehab center’s administrator also admitted in the timeline that they did not call 911 to deal with the medical emergency and failing patients until 1:30 a.m. on September 13th, three days after the air conditioner went down. Five patients had already suffered cardiac arrest or respiratory distress by 4:45 a.m. on that day.

Auto insurance protects you, your passengers, your vehicle, and other drivers and their vehicles when you are involved in an accident. After all, that is why we pay for auto insurance–to help us out in the event of an auto accident. But about injuries that are not sustained while you are actually driving, but you are still using the car in some way? For example, could you file a claim against your insurance company if you were burned by your car’s radiator when adding coolant? What about if you slip and fall when you have just parked and are exciting the vehicle? These incidents are auto insurance “edge cases” and auto insurance generally manage to avoid paying these types of claims.

But all of that might be about to change after a recent ruling by the Michigan Supreme Court.

What is “Transportational Use”?

If you’ve ever applied for a new auto insurance policy, you’ve probably been given the option to install a device in your car that tracks your driving habits. These devices are known as “telematics” and almost all major insurance companies now offer them to their customers in exchange for potentially reduced premium rates. The devices attach to the vehicle’s OBD-II port and collect data from your car’s computer. Insurance companies can program them to monitor different metrics, but some of the most common are:

  • Time the car was used
  • Distance driven
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