law at Insurance Online

Do you remember about new interesting topic “CAR INSURANCE IN THE USA”? In my post about it I told that we will be interested in PAINFUL POINTS and I also listed the most important questions. So, today I would like to answer the first one: Why it is necessary to be insured.

First of all it’s important to know that that you must insure your car without fail in most states. Otherwise your friend with 4 wheels will not be registered!

The second thing - insurance is adjusted legislatively at states level, not at federal one. This implies very simple and important …

Conclusion №1

You can trust the information received from the experts in insurance from your state only. Any information from other states can be absolutely inapplicable outside these states.

As I have said almost in all states (there are exceptions) car insurance is obligatory regarding LIABILITY (civil liability). The size of required covering varies from state to state.

For example, in California it makes up to $15,000 bodily injury for one victim and up to $30,000 for more than one victim. Moreover, there is the responsibility for damage of other’s property - $5,000. I’ve made all these accounts for one accident only. It means that aggregate payment will be between 20,000$ and 35,000$.

By the way I’d like to mention that experts in insurance usually use fractional record for amount of covering. Record 15/30/5 corresponds to the covering that has each driver in California according to the law of this state.

Driving without the insurance is a serious crime and is punished strictly!

A piece of advice:

You shouldn’t communicate with people who drive without the insurance or argue that it is possible, or they say why this kind of a crime is “nothing terrible”. These people on a way to the big troubles - it is not necessary to keep them the company.

According to the police statistics in California 28-30 % drivers have no any insurance in general. I can add to this still the same percent of people having minimal covering and you will understand, that it will be very difficult to receive money from others (your will have few chances). This implies very simple and important …

Conclusion №2

It is necessary to have your own car insurance policy!

Moreover, there are two types of the states:

- At Fault (for example, California - the culprit pays the insurance to the victim)

- No Fault (for example, Arizona -your damage is compensated with your insurance irrespective of fault)

The conclusion №3

You should known about the system in state, where you live or are going to live.

If the person is very poor and is going to remain poor practically to the end of his days, in this case driving without the insurance is nothing for him. It must be confessed. In all other cases the sum of insurance should protect the driver from requisitioning of his property and incomes (including the future incomes).

Besides arguing about the whys and wherefores of car insurance, we should know, that are no such occupations in our life which is more dangerous then driving (if you are not a policeman, fireman or something like that). Therefore, it is necessary to answer the following question: “Shall I risk life and health of other people to save ten or more dollars a month?”

<:3 )~~~~~~
Yours sincerely,
AlexSandra

What do you think about obligatory medical insurance? You may be “for” or “against”, nevertheless you government will take care of you. Some words about medical insurance acts…

Committee of the insurance plan «Blue tape» declares that quantity of medical insurance plans can be widespread to everyone in San Francisco approximately for 200 dollars a month. On estimated data, this plan is intended for 82000 inhabitants of San Francisco, who are not insured at their place of work, or somewhere else. There are 38 members representing the noncommercial organizations, medical institutions, trade unions and employers in group which develops this subject. They have 100 days to develop a plan of action and to accept the legislation…

While San Francisco searches for ways of expansion of quantity of medical insurance plans, in other places of the country work is underway on the same things. In the past year New York City has accepted the legislation, according to which the groceries that had 35 or more employees, were have to pay 3 dollars on medical insurance for each business hour of the employee.

Massachusetts has accepted the legislation, according to which all inhabitants of the state were to receive medical insurance. The state of Maryland has passed the law mainly directed on shops Wal-Mart. This law obliges the companies, having 10 000 and more employees, to pay for medical insurance, at least, 8 % from their salary.

<:3 )~~~~~~
Yours sincerely,
AlexSandra

When I speak about some specific policies that will satisfy all the requirements I mean also insurance against mistaken crimination. It means that I will get insurance compensation if you have to bear losses because of mistaken crimination and a jury trial. If you decide to buy such an policy, you should have at least some basic knowledge about such things as «the opening statements», «the presentation of evidence» and other stages of any jury trial.

So, arrest is the act of taking suspects into the custody and depriving the person of liberty. People may be arrested after they are accused of murder, theft, or other criminal offences. For some crimes, and under certain conditions, a police officer must obtain a court order called a warrant before making an arrest. But an officer does not need a warrant to arrest a person in the act of committing a crime. Until the person charged is tried in a court, and the crime or offence is proved to have happened, it is an alleged offence. Usually only those people who are accused of such serious crimes as murder are forced to stay in jail until they are brought to trial. Other people are allowed to go free until trial if they can provide a sum of money called bail. This money is a pledge to appear for trial.

Trial is a method of settling disputes verbally in a court of law. In most cases, the people on each side of the dispute use a lawyer to represent their views, present evidence, and question witnesses.

A jury trial begins with the selection of the jurors. That’s the first step of the trial.

The next step of the trial is “The opening statements”. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.

The third step is “The presentation of evidence”. All parties are entitled to present evidence. Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the judge, are also to be disregarded. Many times during the trial the lawyers may make objections to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid. If the objection was valid, the judge will sustain the objection. It is your duty as a juror to decide the importance of evidence or testimony allowed by the judge.

The fourth step is called “The Instructions”. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide in their verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.

Then the next step – “Closing arguments” – begins. The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also discuss any of the judge’s instructions that they feel are of special importance to their case. These arguments are not evidence.

<:3 )~~~~~~

Yours sincerely,

AlexSandra

For statistical purposes, many governments divide crimes into offenses against people, against property, against public order or public morality. Crimes against people (or private wrong) include assault, kidnapping, murder, and sexual attacks. Such crimes usually bring severe punishment. Crimes against property include arson, motor vehicle theft, burglary, embezzlement, forgery, fraud, larceny and vandalism (usually the list of such crimes is used by your underwriters while drawing up your policy of insurance). In most cases, these crimes bring lighter penalties, than do crimes against people. Crimes against public order or morality include disorderly conduct, gambling, prostitution, public drunkenness, and vagrancy. These offences generally involve lighter penalties than do crimes against people or property.
There are three criminal activities that are directed against the existence of the state itself: treason, sedition and rebellion. Treason is the crime of betraying a nation by acts considered dangerous to its security. Sedition refers generally to the offense of organizing or encouraging opposition to the government, especially in speeches or writing. In wartime seditious acts may often be classified as treason. Rebellion is an attempt to overthrow the government. it is reasonable that such crimes you will not find in insurance policy.
Some activities, such as gambling or prostitution, are often called victimless crimes because both the buyer and the seller take part in them willingly – this fact doesn’t sound insurance too, but I think that it’s a good conclusion.
Also I’d like to tell you about an interesting term “white-collar crime”. It refers to violations of law by persons who use their jobs to engage in illegal activities. The term covers such acts as cheating in the payment of taxes, embezzlement, and fraud. It may apply to petty thefts by employees, as well as to million-dollar stock market swindles.
Computer crime is a way to commit crime, not a type of crime. Computer crimes are difficult to detect but easy to accomplish. A lot of companies use such a «novelty» in services of insurance enterprises to  insure themselves against hacking.
Organized crime is one of the largest business enterprises in the advanced industrial societies. Gambling, drug trafficking, loan sharking, prostitution, racketeering have long been controlled by various organized crime factions.
Sometimes different crimes, such as robbery, can be foiled. In this case the robbers do not get what they came for, and they may flee empty-handed: they get away, but with no loot.
It is generally agreed that the essential elements of crime are voluntary actions or failure to act and a certain state of mind. Failing to act includes not doing something an individual is required to do by law, such as get a driver’s license before driving an automobile. The mental element in a crime is that the person committing it usually acts purposely, knowingly, or negligently.
In order to prevent crimes many criminologists stress the need for improving the performance of criminal justice agencies. One more way to reduce crime is to reform habitual criminals. There are many other ways to reduce crime. People can be educated or persuaded to take greater precautions against crime. They can be taught, for example, how to protect their homes from burglary. Better lighting and strict gun-licensing laws would greatly reduce crime, but the most effective method to secure yourself against crime is insurance!

There are a lot of different types of insurance, and in most cases in different insurance companies you will be offered standardized policies. But there are also some specific policies that will satisfy all the requirements especially for particular clients.  For example, you can insure your property against different types of crime that will be committed with respect to it. If you decide to do it, you should have at least some basic knowledge about such concepts as «crime», «legal liability» and other technical terms of law.
So, crime is a term that refers to many types of misconduct forbidden by law.
The list of acts considered crimes is constantly changing. For example, people are no longer charged with witchcraft, though many were accused of that crime earlier. In 1920s in the USA the manufacture or sale of alcoholic drinks was forbidden. Now it’s a legal job.
An act is viewed as a crime if enough evidence exists to make a police officer, a prosecutor, or a judge believe that a violation of criminal law has taken place. A person who commits any crime is called a criminal. The study of criminal behavior is called criminology and experts in this field are called criminologists. Criminologists study crime and criminals in order to determine where, when and why different types of crime occur. They also seek the relations between criminals and their victims, as well as the most effective ways to prevent crime.
By the way, people commit crimes for various reasons. It is not related to insurance itself, but these facts can help you to understand criminals (and don’t say me that it is job for criminologists ). So, for example, many people steal things they could not obtain otherwise. Others, such as drug addicts, steal to get money to buy narcotics or other things they need. Some shoplifters steal for excitement, but others do so because they are poor or sick (I mean kleptomania). Many take cars for joy-riding, but others sell the stolen cars. Many embezzlers take money from their employers to meet a personal emergency, intending to return the money. Some crimes are concerned with violence. A robber may kill the victim to avoid detection. A man may beat his wife in a rage during a quarrel. The researches show that many people who became criminals were neglected by their parents. Such treatment made them ignore the needs or rights of others. Some criminologists think that society makes people commit crimes.
Crimes are frequently classified according to their seriousness as felonies or misdemeanors. Generally, felonies are more serious than misdemeanors. Felonies are punishable by death, or by imprisonment for a year or more. Homicide, arson, rape, robbery, burglary, and larceny refer to felonies. Most people convicted of felonies serve their sentence in state or federal prisons. A misdemeanor is punishable by a fine or by imprisonment for less than a year. Among the most common misdemeanors are disorderly conduct, public drunkenness, and automobile driving violations. People convicted of misdemeanors serve their sentence in city or county jails or houses of correction.

After an accident, the insurance adjuster calls with the bad news: Your car has been totaled. The insurance company will cut you a check for the value of your car–minus the deductible on your collision coverage–and sell it for salvage. Will you get enough money to replace the car?
Yes, you probably will.
Insurance adjusters typically use several sources to pinpoint the retail value of your car (what you could have bought it for before the accident). They look at used-car price guides, consult specialized services and software, call dealers and even peruse local classified ads. Then, they come up with a range. Where your car falls depends on its condition, mileage and options. That’s where subjectivity comes into play and disputes can arise.
If your car was a pampered, low-mileage cream puff, make your case. Insurers concede that when a collectible car or specialized vehicle is involved, it’s hard to find enough comparable models to get a broad sampling of value. “If the consumer can provide information to help us, all the better,” says Greg Poling, a State Farm auto consultant. If you can’t persuade the adjuster to increase the settlement, appeal to his or her manager. If push comes to shove, call your state’s department of insurance. State law often prescribes a grievance procedure.
Do the math. In most states, your car is considered a total loss when the cost of repairs plus the probable salvage value exceeds the actual cash value of the car.

Insurance providers in Florida have significantly new regulations after Gov. Jeb Bush signed a bill that lawmakers say will provide short-term relief for insurance policyholders while producing long-term reform for the statewide insurance industry.
“Two unprecedented back-to-back hurricane seasons with eight hurricanes and four tropical storms pushed Florida to the brink of an insurance crisis,” said Bush, in a press release. “These reforms will help to ensure the state’s long-term economic vitality as we continue to deal with this increased hurricane activity.”
Private insurance companies collected an estimated $18 billion in premiums from 11.9 million residential policyholders in 2004 and 2005, according to the state. However, during that same period, those companies paid out $38.5 billion in claims for damages. Citizens Insurance, the insurer of “last resort,” collected $1.2 billion from about 815,000 policyholders, but paid out more than $3.9 billion, amassing a $2.2 billion deficit during the past two years.
With the new law, the state will provide $250 million in loans to insurance companies to help them write new policies or assume existing policies from Citizens or other private insurers leaving the market. State funding could generate as much as $1 billion in private insurance during the next two hurricane seasons, lawmakers said.
The Legislature also directed $715 million in surplus cash to offset Citizens’ current deficit, in effect reducing the surcharge that private insurance policyholders make toward Citizens from an estimated 11 percent to 2.5 percent.
That’s how state government prepares to the upcoming storm season. But all the changes made to the insurance market will mean little if Floridians don’t take time to prepare.
As part of the long-term implications of the new law, insurance companies will be able to adjust rates by 5 percent statewide and 10 percent in regions beginning in July. Citizens Insurance, beginning next March, will be required to collect enough premiums to prevent a deficit, so as to have enough money to pay a “worst-case scenario” storm that is likely to strike once every 70 years, state officials said. In the event of a deficit, Citizens would have to charge its policyholders first.
The state also will provide $250 million to make older homes more resistant to damage caused by a hurricane, which officials said is the first of its kind in the nation.
Also Florida is launching a program to provide free inspections of homes and provide funding to make home improvements to potentially reduce the price of premiums.

Situation 2

You are traveling in the left lane and have no idea that you are already a victim in criminal plan developed by two drivers. One of them suddenly appears in your rear-view mirror and begins blinking requiring to yield. Of course you yield to him and take the right lane. The car in the right lane which seemed to be on a safe distance just few seconds ago is hit by you. You become a classy culprit of accident. The “fast” guy goes further and you are getting ready for a long talk with police and insurance company.

Situation 3

You are driving your car. You see an expensive car passing you, going in your lane. Next moment driver of this cool car hits the break and you are “front-bumpering” his car. You are guilty again. The situation is absolutely disgusting – you understand that you are not guilty, but the law makes you the who’s got to pay. The most experienced wouldn’t prevent that kind of accident.

There is a kind of drivers that earn money with help of insurance companies. They just roam around the cities looking for inattentive drivers. Even if you are super – experienced driver you can easily become their victim.

Situation 1

You like active driving and you don’t like to be in “stream”. You don’t even think about changing lanes, you just do it. At the time of your next recurrent change of lanes the car which seemed to let you in rapidly accelerates and… your insurance company will pay damages to the “smart” guy. Yes, he did it on purpose, but law in that case is not on your side.

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