Tomasz Kaznowski

Archive for the ‘Legal Insurance’ Category

A quad bike (or ATV) is a motorcycle with four wheels. They became popular from the 1970′s and have shown an increased demand since then. Quad bike riding has typically been done off road, offering the rider an exciting and thrilling experience which can be compared to motocross riding. A new type of bike has emerged on the market over recent years and this is the road legal quad, a bike which conforms to all safety requirements so that it can be used on public roads. Why would anyone want to use an ATV on the road when they could use a car or motorbike?

They offer a completely different riding experience which is fun, convenient and easy to learn. An ATV is very cheap to run. On average it costs only £12 to fill up the tank (unleaded) and this can last for many miles. Quad bikes can reach high speeds just like motorcycles. A 250cc to 300cc model will do around 65MPH, more with performance upgrades. A quad bike has fast acceleration, is easy to get through tight spaces and insurance is cheap, depending on your age. Most road bikes being produced today can transport two people although you should check with the manufacturer prior to purchasing for specifics.

So you may be thinking what makes an off road quad different to a road legal quad?

Road legal ATVs must be registered with the DVLA, taxed, insured and have an MOT just like a car must have. The quad bike must comply with strict construction and lighting requirement, have mirrors, and display registration plates on the front and the rear. By law no person under the age of seventeen is permitted to use a quad bike on public highways.

Many people ask can I convert my off road ATV into a fully road legal quad bike? Well in reality yes you can, however this can be a very costly affair. It is not unusual for it to cost in excess of £500. In order for a quad bike to be suitable for road usage, the vehicle must go through the ministry test for homologation and SVA certification. Once tested it must be retested every three years by a certified member of transport.

Using an ATV on the road will require the rider to hold a full UK car licence or a motorcycle licence prior 2001. Although a full UK driving licence is suitable to ride a road legal quad on British roads, the user may not have previous quad experience and this is not actually required. It is strongly advised prior to using a quad bike on the road that you practice in a quiet area with no people around such as a private piece of land or an empty car park (if you seek permission).

Please be aware that quad bikes are a dangerous piece of equipment and require a patient mannerism to learn the basics of riding one. It is important to be safe when riding a quad bike is this is a dangerous vehicle just like any other. There is no law which states the rider must wear a helmet although it is strongly recommended for safety reasons. There are mixed views on whether helmets should be worn, what do you think? Do you think it should be the law or down to a personal choice? Whatever your answer, the helmet is a useful safety article. A helmet approved to United Nations standard ECE 22.05 is suggested for use in the EU. Many people wear eye protection, boots and suitable clothing on their quad bikes. This is important as you only get one life, so protect it as much as you can!

To conclude, ATV’s are becoming increasingly popular particularly road legal quads. If you are planning on riding your quad on the road it is advisable to purchase a road legal quad. If you already have an off road quad it is possible to convert it into a road legal vehicle but you need to make sure you do this correctly and legally and it can cost a considerable amount of money.

If you would like to know more about specific quad bikes and their specifications please visit http://www.proppa.com/quad-bikes-474-c.asp

In the past few years homeowner’s insurance customers have been fighting a growing battle with insurance companies over roof claims. The trend has been an increasing number of roof claims that are being denied by the insurance carriers. Roof claims are usually the most common and most costly home loss an insurance company will face beyond a total fire loss or liability claim. Depending on the state in which you live the likelihood of your roof being damaged by weather can vary dramatically. A state like Oklahoma which is prone to hail and wind will have much more occurrences of roof damage than a state like Arizona. Why are insurance companies denying roof claims and how can you make sure your roof will be covered?

First you have to understand what a home insurance policy covers and what is excluded. Not all policies are the same but there are similarities that are shared among the major carriers. Your home policy will state what is excluded but rarely will state what is covered. This is because the company doesn’t want to list every possible scenario rather listing the situations that are not covered and leave the rest to assume it is covered. A roof can be damaged by a number of factors including but not limited to wind, hail, sun, failing objects, and snow. Not all of these occurrences are covered like sun damage which is generally a wear and tear issue over many years.

There are many reasons why an insurance company will deny a roof claim including:

Roof damage appears to be from wear and tear Lack of maintenance Not enough damage or damage is covered by roof warranty Fraudulent claim Damage is caused by an excluded loss

There are other reasons why your claim may be denied which are seldom talked about. The adjuster’s experience has a lot to do with how well they can determine what created the damage. Most adjuster’s go through training but years of experience will always provide better results. When you file the claim can also have an impact on how the claim will be handled.

If the hail storm occurred six months ago it could be difficult for an adjuster to determine what the actual cause of the damage was from. Usually in large storms the initial adjuster on scene is from another state and will not likely be there if a claim is filed months after. When you have an adjuster come out who is unfamiliar with the path of the storm your claim could be denied.

In some situations insurance companies are acting only in the best case of the company which can lead to improper claim adjusting. There are reported cases of management giving bonuses to adjusters who only approve a certain percentage of claims and cases where people have been fired for accepting too many claims. If you feel your claim is not handled properly then hiring legal counsel may be your best move but I am not here to provide legal advice.

We get calls from all around the country from employees who want to know if their Family Medical Leave Act (FMLA) or Americans with Disabilities Act (ADA) rights have been violated. We explain that we are not attorneys. But here is one of the stories I was told by a caller:

I am 52 years old and I worked for (one of the biggest pet store chains in the US) XYZ as a store manager. At work I slipped on some water, fell and hurt my hip. I have a bad hip, and the doctor said I needed hip surgery. I went to my regional manager and told him I needed two weeks off for surgery.

I asked the caller, “Did they offer your FMLA paper work, and explain to you your FMLA rights? Did they give you the forms, et al?”

No, all he said was that he could not give me two weeks off but only one week. I had the surgery, came back and my doctor told me not to lift anything more than 20 pounds. I told my manager this restriction. Things went fine until one day some of the guys, who move dog food around, did not show for work and the manager told me to move them. I reminded him of my restriction of 20 pounds and he said “just bend from the knees, and move it all.” I reinjured myself and as I could barely move, things were not getting done in the store as fast and my regional manager fired me for bad performance.

Again we could not give him legal advice, but this is a classic example of a company not training its management/supervisors in Family Medical Leave Act and Americans with Disabilities Act. This man was entitled to up to 12 weeks of job protected leave and should have been given the forms and an explanation of his rights. Supervisors are personally liable for violating FMLA. Also, when he came back to work the weight restriction was a reasonable accommodation and should have been made via the ADA.

Imagine the lawsuit the man above might initiate. This all could have been avoided by having a 1 hour training session, twice a year with every manager and supervisor of XYZ. This is why we provide FMLA and ADA training for managers/supervisors. It is not enough that the HR dept knows these federal laws, the front line managers have to know these laws too, so they do not violate them and get the company and themselves into a lawsuit.

This article is not an insurance policy. All questions of insurance coverage are determined by your insurance policy. We are also not a law firm and we do not offer any legal advice.

Many taxi operators use a minibus or MPV as a taxi because of the adaptability of the vehicle to carry more passengers and extra luggage.

There are two types of taxi use: public or private hire. Public hire allows the taxi to be hailed by customers, who can then be picked up on the roadside. Private hire operators require the customer’s journey to be arranged before they are picked up.

Insurance cover is compulsory by law. The minimum requirement is to cover a driver against injuries they might cause to other people and damage to their property. A taxi operator will require additional insurance for the “carriage of persons for hire or reward”, irrespective of whether they are private or public hire.

The three types of insurance available are:

Third Party
This is the minimum cover required by law. It covers injury to third parties and their property, and some legal costs.

Third Party Fire and Theft
The additional cover with this policy is for damage or loss of the taxi operator’s minibus by fire and theft.

Comprehensive
The highest level of minibus insurance, covering damage to the vehicle after an accident irrespective of whether it was the policy holder’s fault or not. Other cover may include new vehicle replacement, windscreen/window breakages, replacement locks, medical expenses and loss of personal effects.

Public liability can be included with the taxi minibus insurance policy. Public liability is required to satisfy local government requirements. A minibus taxi operator will need an indemnity limit of at least

Car accidents are currently the number one killer of people between the ages of 1 and 37 in the United States. Car accidents, crashes, and collisions cause about 3 million injuries a year, 2 million of which are permanent and crippling injuries per year. 40,000 people die in car accidents every year in the United States alone. The Department of Transportation reports that most of these car accident deaths can be
avoided. About 40% of car crash fatalities involve drinking alcohol and driving. Many accidents involve some combination of alcohol and speeding. Additionally, seatbelt use is only around 68% despite the proven fact that seatbelts protect drivers and passengers and save lives. In more than half of all car accident fatalities, the deceased were found not to be wearing their seat belts at the time of the crash.

Reckless and drunk driving is a serious offense and the law treats a car, when it
causes injuries, as a dangerous weapon. When victims are injured and killed in
drunk driving accidents, the driver can be charged the same as if he or she had
attacked their victims with any other weapon, like a gun. A drunk driver who kills a
person can be sent to prison for murder. Such dangerous activities as drunk driving
and racing are often treated casually by young people, but they do not understand
the inherent risks associated with this behavior. Every twelve minutes somebody in
the country dies in a car accident.

If you or somebody you love has been involved in a car accident, either as a driver
or as a victim, it is important to seek legal council. Remember, if you are involved in
an accident, never to apologize or accept responsibility without consulting a lawyer.
Car crashes are scary, but apologizing on the scene can fix the blame on you even if
the collision is another driver’s fault. A lawyer can help you work out the necessary
paperwork and protect you from accusations and court proceedings. Insurance
companies have lawyers protecting their interests, shouldn’t you?

Finally, do not panic. As drivers become more aware of their responsibilities and car
companies develop safer vehicles, the percentage of deaths in car crashes has
steadily declined. When combined with safe, responsible driving techniques, such as
acknowledging posted speed limits, wearing seatbelts, and going out with
designated drivers, these new cars and advanced roadways promise a safer driving
experience.

There’s no doubt, buying a motorhome is very exciting! The thrill of the open road before you, and everything you need for a good night’s sleep right there behind the wheel. But taking your home on the road is also a big financial commitment, so you need to make sure you protect your investment with the right insurance.

There are many things you need to consider when looking for motorhome insurance, and there are many insurers offering great deals. But everyone has specific needs. When comparing policies, don’t necessarily go for the cheapest option! Your dealer may be able to help you, but here are a few things to keep in mind.

First of all, you need to think about where you will use the motorhome. Will it be used solely in the UK, or are you going overseas? Different insurance policies will offer different levels of cover for travel outside the UK. Make sure you are covered for all the destinations you intend to visit.

Who will use the motorhome? If it is going to be driven by you alone, the insurance will usually be cheaper than if you have a number of named drivers. However, if you are planning to lend or rent your motorhome out to friends, family or even strangers, you will need to make sure they are all covered under the terms of your policy. You may be able to add short-term or mileage-based drivers from time to time. Check this with the insurer.

If you are a member of a motorhome club, ask other members, or motorhoming friends, who they are insured with and what their experiences are of that insurer. Try and get a personal recommendation.
Check the level of cover you will get for personal effects, such as luggage, camping equipment and awnings. And think about all the valuables you will carry with you, such as your TV, DVD player and stereo. Does your premium adequately cover these items?

We all believe we are good drivers, but accidents do occur! What will happen to you if you have an accident while you are touring and your motorhome is out of action? Some insurers will offer a temporary vehicle while your motorhome is being repaired, or cover hotel expenses if necessary. Check the level of cover and the terms of any deals here – some are more generous than others.

There’s nothing worse than breaking down in the middle of nowhere in middle of the night. Go for a policy that includes a level of breakdown assistance / roadside recovery, for added peace of mind.

Finally, look for insurers that specialise in motorhome insurance; they will know better than anyone what your needs are, and will be best able to tailor a policy that suits you. Talk to them, that’s what they’re there for.

Now relax and enjoy your trip!