Philadelphia Injury Attorney Blog

THE RESULT: GAMERS MAY BE OFFERED REDUCED INSURANCE RATES

As a Philadelphia personal injury attorney, there is probably not a week that goes by that I am not involved in an insurance claim situation with Allstate Insurance Company. I recently came across a story that intrigued me.

Allstate, the company that allegedly puts you in “good hands” apparently believes that people who play computer games have “good hands” and reflexes as well and is testing a program in the Commonwealth of Pennsylvania whereupon it may offer reduced insurance rates to individuals who play computer games. Apparently Allstate Insurance Company has hypothesized that gamers have improved mental agility over non-gamers and as a result have improved driving response times. Go to www.allstate.com to view a demonstration of the “InSight” software. This in turn could lead to better safety records which could result in fewer insurance claims that Allstate would need to pay. According to the report (issued by Allstate on October 1, 2008), for the time being, Allstate is simply testing its hypothesis in older gamers. In its pilot program called “InSight”, Allstate is providing 100,000 Pennsylvania customers age 50 to 75 with specialized computer games with a games developer monitoring the total number of hours that drivers play. In true experimental fashion, the groups accident’s rates will then be compared to a control group. Tom Warden, an Assistant Vice President of Allstate, states that people in their 50's and 60's have the lowest accident rates of all drivers, but the rate shoots up again in their mid-60's. Mr. Warden hopes that the gaming experiment will improve older drivers brain fitness and notes that Allstate recommends at least 10 hours of game playing/training. The games being tested in the pilot program are something along the lines of a pop cap games title or something you would find on X box live arcade, Playstation network or Wii Ware. Allstate is running the program with the Commonwealth of Pennsylvania this year, but it plans to decide in 2009 whether to roll it out to other states.

At the Philadelphia personal injury firm of Reiff and Bily, we salute the efforts of Allstate to improve driver safety and save their insureds money in these difficult economic times.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Personal Injury

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PHILADELPHIA CATASTROPHIC INJURY LAWYER CALLS FOR MORE REGULATIONS AND OVERSIGHT BY GOVERNMENT AUTHORITY AS THESE INCIDENTS BECOME MORE PREVALENT WITH SEVERE CONSEQUENCES

Just over a week following the catastrophic commuter rail collision in Los Angeles that killed 25 people involving the operator/engineer text messaging another preventable accident occurred in Ocala, Florida when a truck driver rear-ended a school bus on Tuesday, September 23rd, killing a 13 year old and injuring other students while he was on his cell phone just before impact. Pennsylvania personal injury lawyer, Jeffrey Reiff, has been an advocate of limiting cell phone usage by vehicle operators for many years.

A Florida highway patrol report indicates that Reinaldo A. Gonzales, age 30, of Orlando, Florida told investigators that he had been on the phone just before the 1991 Freight Liner he was operating slammed into the stopped school bus. The police report indicated driver distraction, careless driving, and possible faulty brakes as contributing factors of the crash on U.S. 301 south of Citra, Florida. Surprisingly, Gonzales, the operator, was not charged and not in police custody. Investigators were also investigating other factors that may have contributed to the crash, including Gonzales’ driving log to learn how long he had been behind the wheel and the Department of Transportation records indicating that his rig had been sidelined for 12 ½ hours before the crash for faulty brakes. An early report of the crash also revealed that Gonzales’ truck was inspected at a weigh station on Interstate 95 and was taken out of service for brake problems. The Florida Department of Transportation rules require that when a truck is taken out of service, the problem must be fixed before the vehicle is allowed to continue. Also, it is noteworthy that on April 12, 2007 transportation officials sidelined the Gonzales truck for having a broken headlight and having three tires with minimal tread, according to DOT records. Failing to fix a safety problem after a truck is taken out of service can relate to a $2,500 fine and loss of the driver’s commercial driver’s license. Witnesses at the scene of this accident said there was no indication that Gonzales tried to stop before crashing into the bus. Gonzales, who was the owner/operator of the rig, told another truck driver that he did not see the school bus. Gonzales had a history of additional DOT safety infractions since getting his license to drive commercial tractor/trailers in 2005 but none were serious enough to sideline him. (video)

Continue reading "CELL PHONE USAGE BY OPERATOR CAUSES TWO MAJOR CATASTROPHIC INCIDENTS IN THE UNITED STATES IN SEPTEMBER 2008" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury

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PHILADELPHIA DEFECTIVE CHILD SEAT ATTORNEY ADVISES PARENTS ON OTHER POTENTIAL SEAT DEFECTS AND HOW TO FURTHER PROTECT YOUR CHILD.

Over an 8 year period from 1999 to 2007 researchers noted that overall child restraint use increased from 51% to 81% in children younger than 9. During the same period, age appropriate restraint use, including booster seats among children 4 to 8 years old quadrupled from 15% in 1999 to 63% in 2007. Research indicates that for 4 to 8 year-olds booster seat and proper child seat usage reduces the risk of injury in a crash by 59%. Booster seats elevate a child’s small body to insure proper seat belt fit, better protecting them in the case of a crash. Kristy Arbogast, Ph.D., the Director of Engineering at The CHOP Center for Injury Research and Prevention where a long-term study was conducted stated “Along with the increase we see in the number of kids riding in child restraints, we can also see changes in the types of restraints they are using now versus 10 years ago. More 4 and 5-year olds are riding in booster seats now, rather than car seats with built in harnesses, with slightly more of them in high back booster seats than backless. But among the 6 through 8 year olds, backless booster seats are far more prevalent than high back booster seats”.

When you place your child or infant in a safety seat, you expect and trust the manufacturer has designed a safe seat that will protect your child in the case of an accident. Unfortunately, this is not always the case. Once again, often we find that many manufacturers place profits over safety and design child safety seats according to Federal standards, which are really minimum standards. Often there are design defects that are not revealed during testing and many times, testing is not done or when it is done is done under real world conditions testing of the seats. Effectively designed child seats have lead to many injuries and deaths which were easily preventable. When the child’s seat does not operate properly, its ineffectiveness can be more dangerous than failing to use the seat itself in that it can cause additional injuries for the child or fail to protect the child from serious harm or death.

Continue reading "CHILD BOOSTER SEAT AND RESTRAINT USE IN THE UNITED STATES IS HIGHER THAN EVER ACCORDING TO A REPORT RELEASED ON SEPTEMBER 22, 2008 BY CHILDREN’S HOSPITAL OF PHILADELPHIA (CHOP) AND THE ASSOCIATION FOR AUTOMOBILE MANUFACTURERS (AIAM)" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Child Safety Seats , Product Liability

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PENNSYLVANIA INSURANCE CLAIMS AND PERSONAL INJURY LAWYER, JEFFREY REIFF, REITERATES HIS ADVICE TO CLIENTS - REMAIN CALM - DO NOT PANIC - THE STATE INSURANCE COMMISSION HAS THE SITUATION UNDER CONTROL WITH AIG

Pennsylvania Insurance Commissioner, Joel Ario, informed AIG Policyholders in Pennsylvania that the Insurance Commission’s most recent examination of AIG Companies indicate that they are financially sound and their insurance policies are safe. “Making sure that insurance companies are financially stable is a top priority with the Rendell administration”, stated Commissioner Ario. Ario further stated “I want to insure Pennsylvania policyholders that AIG Insurance Companies doing business in our Commonwealth are solid and have the assets needed to pay present and projected claims”.

As my previous blogs have noted, we have received calls of concern from AIG insureds or from plaintiffs who have claims against AIG insureds and we have told them not to panic, that all will be fine.

While it is understandable that many consumers are concerned and have questions concerning their claims or their policies, the state has financial safeguards in place as outlined in my blog of September 22, 2008. On a national level, the National Association of Insurance Commissioners (NAIC) has established a working group to oversee AIG’s insurance interests and coordinate with federal regulators as needed. Pennsylvania Insurance Commissioner, Ario, serves as a Vice Chairman of this Committee.

Continue reading "AIG UPDATE - UPDATE FOR CONCERNED PENNSYLVANIA INSUREDS AND CLAIMANTS" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury

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Kamar Jackson, age 29, was killed in a hit and run accident last Saturday. The suspect, Carlos Rodriguez, turned himself in a day after the accident after the Jackson family pleaded for the driver to so. According to news sources, Rodriguez eventually admitted to being in a strip club and getting behind the wheel of his SUV while drunk. (news article)

On September 16th, I noted in my blog that Pennsylvania legislature Rep. David Reed was looking to change provisions in Pennsylvania law to close a loophole that some say actually encourages people who are under the influence to leave the scene of an accident, as was the case with Carlos Rodriguez.

The Philadelphia hit and run lawyers at the Philadelphia personal injury and hit and run accident law firm of Reiff and Bily salute Representative David Reed and all like-minded legislators who sponsor legislation that was heard in the State House Judiciary Committee earlier in September.

Continue reading "YET ANOTHER HIT AND RUN ACCIDENT BY A DRUNK DRIVER CLAIMS THE LIFE OF EAGLES’ STAR JAMAAL JACKSON’S BROTHER" »

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Posted In: Auto Accident , Catastrophic loss , Hit-and-Run , Personal Injury

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A press release issued by Mercury Insurance Group on September 16, 2008 presents five excellent safety tips for parents faced with the challenge of choosing the first car for their teens. The suggestion from the Mercury Insurance Group focus on safety, which also helps to lower the cost of auto insurance. The personal injury and automotive safety and vehicle defect lawyers at the Pennsylvania personal injury law firm of Reiff and Bily salute Mercury Insurance Company for their suggestions and promulgation of automobile safety.

According to the Mercury Insurance Group press release, new teens spend countless hours dreaming of owning their first car. A fast sports car conjures exciting images, while an SUV has ample room for all of their friends and both vehicles have one thing in common, neither is a good choice for teens.

Mercury suggests setting ground rules that may ease the polarized view points shared by parents and their teens.

Tip 1: Watch the speed. Driving fast cars with turbo chargers and high horse power continue significant risk. Since car accidents are the leading cause of death among 15 to 20 year olds, 1/3 of those accidents are attributable to speeding. Any fast car is an unwise choice. A good choice is a vehicle with a 4 cylinder engine and an average horsepower which costs less to insure and may save lives.

Continue reading "THE MERCURY INSURANCE GROUP PROMULGATES FIVE TIPS DESIGNED TO PROTECT YOUNG DRIVERS TO FOCUS ON SAFETY ALSO HELPS TO LOWER THE COST OF AUTO INSURANCE" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Auto Defects , Catastrophic loss , Personal Injury , Vehicle Rollover

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On September 15, 2008, the beleaguered insurance company, American International Insurance Group, one of the nation’s and world’s largest insurers is struggling for survival. I received an email and call from an agent at one of the nation’s largest insurance brokers telling me that many clients are “in a panic” and asking me for my “take” on this situation. According to sources, AIG is getting help from the Insurance Commissioners of New Jersey, New York and Pennsylvania, as well as the Federal Government, in raising cash while swapping its subsidiaries liquid assets for those that are difficult to convert into cash by the parent company. As an experienced insurance claims attorney for almost 30 years, let me share my thoughts and attempt to calm your fears. (www.reiffandbily.com).

If you have a policy with AIG Insurance Company, “they are solvent and have the ability to pay claims”, said Sandy Praeger, President of the National Association of Insurance Commissioners in a press release on September 16, 2008. “Our job is to ensure they continue to have the ability to pay”. The New York State and Pennsylvania Insurance Departments are working with AIG to review transactions involving turning illiquid assets into liquid ones. Praeger stated “State insurance regulators will only approve this type of action if there are assured that it is part of a total resolution of liquidity at the parent company and fairly compensates its insurance company subsidies”. AIG’s New York and Pennsylvania companies have approximately $120 billion dollars in total assets, about half of which is Class 1 bonds. The regulators must issue that any assets being exchanged or at least of equal quality or the financial strength of the insurers will be negatively affected. The Pennsylvania Insurance Commission is closely moderating the fate of AIG and its impact on the citizens in the Commonwealth of Pennsylvania. According to an Associated Press story on September 17, 2008, the United States Government will infuse taxpayer funds into the company, granting the U.S. Government an 80% stake in the giant insurer and the right to remove senior management. According to sources, the AIG affiliated automobile insurance companies remain on solid footing. The auto insurance unit is well capitalized. Roger Schmelzer, President of the National Conference of Insurance Guarantee Funds in Indianapolis states “that the holding company is at issue right now”. The holding company could go bankrupt and for policyholders it would just be business as usual. We emphasize that AIG insured’s should not panic. The Commonwealth of Pennsylvania has a Guarantee Association in place to protect policyholders in the event of an insurance company failure. Insurance industry analysts and government officials advise that there is little for policyholders to worry about. There are safeguards in place, similar to FDIC insurance that backs up bank deposits. AIG has 11 insurance units in Pennsylvania regulated carefully by the state.

Continue reading "FINANCIAL CRISIS AT AIG HAS LARGE AND CONFUSING IMPACT ON PENNSYLVANIA AND NEW JERSEY AUTOMOBILE OWNERS INSURED WITH AIG - PHILADELPHIA PERSONAL INJURY AND INSURANCE CLAIMS LAWYER JEFFREY REIFF ADVISES HIS CLIENTS NOT TO PANIC - SAFEGUARDS IN PLACE." »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Insurance

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Seniors For Safe Driving hold safety education programs for seniors aged 55 or older. The programs being presented are certified by the Pennsylvania Department of Transportation and upon completion makes seniors eligible for a 5% discount on automobile insurance premiums across the board for a period of three years. This discount is mandated by Pennsylvania state law. Anyone who has participated in a mature operator program only has to attend a refresher program that is 3 ½ hours that will be completed in one day.

For anyone who has never participated in a mature operator program in the past, it will be necessary to attend a 7 hour program that will be completed in 2 days. The course is presented in a non-threatening environment. The course is informative, entertaining and there is no testing. There is no on the road driving. The course is strictly classroom theory. A nominal tuition fee is charged.

For information to register call 1-800-559-4880 or 724-283-0245. Register online at www.seniorsforsafedriving.com or www.sfsd-pa.com or mail to Seniors for Driving, P.O. Box 2132, Butler, PA 16003.

The Pennsylvania personal injury law firm of Reiff and Bily is committed to safe driving and the safe operation of motor vehicles in the Commonwealth of Pennsylvania and nationally. We are

Continue reading "PENNSYLVANIA DEPARTMENT OF TRANSPORTATION CERTIFIES “SENIORS FOR SAFE DRIVING PROGRAM” FOR SENIORS 55 YEARS OF AGE OR OLDER" »

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Posted In: Auto Accident , Personal Injury

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On September 15, 2008, many insurance companies had their assets battered on Wall Street. AIG, one the nation’s and world’s largest insurance companies, closed at $4.76, reaching a low of $3.50 from its yearly high at $70.13. Many of the Wall Street pundits were calling for the failure of AIG and other insurance companies who sought a lifeline for their survival. I myself was an AIG policyholder and switched to another insurance company earlier this summer as my gut recognized a financial crisis on the horizon. Today, we carefully analyzed all of our files where AIG was our opponent and fielded calls from several clients concerned about their insurance policies or their case’s financial fate where AIG was on the other side. At the time of this writing, I am not quite sure how AIG will ultimately fare in the financial markets. However, consumers should note that each state has a guarantee association in place to protect policyholders in the event of an insurance company failure.

Typically, if you have a claim filed with an insurance company that fails, the State Guarantee Association takes over the claim. If they have a claim and the insurance company is insolvent, the Guarantee Fund accepts the claim the way an insurance company would and they would do everything an insurance company would do said Roger Schmelzer, Chief Executive of the National Conference of Insurance Guarantee Funds, Inc. in Indianapolis. The Guarantee Fund steps into the shoes of the insurance company for claims paying perspective. The Pennsylvania Insurance Guarantee Association only protects Pennsylvania residents and property owners. Residents of other states or Pennsylvania residents owning property out of state are protected by other states Guarantee Associations. While the Guarantee Association payments are limited by statutes, which vary by state, most claims for policy benefits will be paid in full. Claims or policy benefits not paid by the Guarantee Association become claims against the liquidation estate. Most licensed insurance companies are required to belong to their state guarantee association that cover the lines of business that the companies write.

Continue reading "PHILADELPHIA PERSONAL INJURY ATTORNEY’S THOUGHTS ON WHAT DO I DO IF MY INSURANCE COMPANY OR THE INSURANCE COMPANY OF THE DEFENDANT FAILS" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Insurance , Personal Injury

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Some Pennsylvania legislators are looking to close a loophole in state law that some believe actually encourages people who may be under the influence to leave the scene of an accident. Under the current Pennsylvania law, the penalty for leaving the scene of a fatal accident is a year in jail. But, if the same driver stays at the scene to render assistance and is found to be under the influence, the penalty can be much stiffer, as much as five years. Rep. David Reed, R-Indiana, is looking to change that provision.

Representative David Reed, an Indiana county Republican, is the sponsor of legislation that got a hearing before the State House Judiciary Committee this past week. Basically, the loophole that exists in Commonwealth law states that if you are involved in a hit and run accident involving a fatality, this would actually encourage someone to leave the scene of an accident as opposed to stopping and rendering aid. Representative Reed correctly noted that currently under Pennsylvania law, the penalty for a fatal hit and run is a year in prison. So for a driver under the influence that flees the scene of a mandatory fatal accident and is apprehended later after sobering up, it is a mandatory one year sentence but if that same driver stops to offer assistance and is found to be legally intoxicated, it is a mandatory three years in jail. Reed’s bill would raise the minimum sentence for fleeing the scene of a fatal accident from one year to five years. For more information on Pennsylvania laws concerning leaving the scene of an accident link to the Pennsylvania Vehicle Code CH. 37; scroll to Subchapter C. www.dmv.state.pa.us

Continue reading "PENNSYLVANIA HIT AND RUN LAWYER SALUTES PENNSYLVANIA LEGISLATOR LOOKING TO CLOSE LOOPHOLE IN STATE LAW THAT SOME BELIEVE ACTUALLY ENCOURAGES PEOPLE WHO MAY BE UNDER THE INFLUENCE TO LEAVE THE SCENE OF THE ACCIDENT - A STEP IN THE RIGHT DIRECTION" »

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Posted In: Auto Accident , Catastrophic loss , Hit-and-Run , Personal Injury

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The National Auto Safety Group is calling on the States to raise the minimum driving age to 17 or 18 years old. According to the Insurance Institute for Highway Safety, raising the driving age will save lives. Vehicle accidents are the largest cause of death among teenagers.

In 2006, 3,490 drivers age 15 to 20 died in automobile crashes. High school teens, ages 15 to 17, were involved in 974,000 crashes nationwide and 406,427 of those teenager accidents involved injuries and the resulting economic impact of those accidents was over $40 billion dollars. According to a study performed by the Children’s Hospital of Philadelphia and the State Farm Insurance Company, one teenage passenger with a teen driver doubles the risk of a fatal crash. The risk is 5 times higher with two or more teen passengers. Many states in the nation that have raised the legal driving age limits or commenced a graduated licensing program have seen a noticeable drop in teen crash death rates over the past few years.

When this writer was 16 years of age, I narrowly escaped a catastrophic death or injury by being in the wrong place at the right time. On a warm August evening, I was asked to go on a ride with four other friends and due to other plans made by my parents, was unable to meet my friends at the scheduled time for pickup. The next morning, I received a call that three of my dear friends were killed when their speeding car went out of control on Roosevelt Boulevard in Philadelphia, PA and struck a tree. Nothing has impacted my life more than this thought which creeps into my mind with all too frequent occasion as I litigate catastrophic teenage driving accident cases. (www.reiffandbily.com)

Graduated licensing, which has become the standard across the United States in the past 15 years, requires teenagers to spend more time driving with a parent or other responsible adult before they go solo.

Continue reading "INSURANCE COMPANIES STEP UP THEIR EFFORTS TO INCREASE THE MINIMUM DRIVING AGE ACROSS THE UNITED STATES; PHILADELPHIA PERSONAL INJURY LAWYER APPLAUDS THEIR EFFORTS" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury , Vehicle Rollover

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