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 Client Alerts

IDENTITY THEFT FRAUD PRECAUTIONS

The next time you order checks have only your initials (instead of first name) and last name put on them.  If someone takes your checkbook, they will not know if you sign your checks with just your initial or your first name, but your bank will know how you sign your checks.

Do not sign the back of your credit cards.  Instead, put "PHOTO ID REQUIRED".

When you are writing checks to pay on your credit card accounts, DO NOT put the complete account number on the "for" line.  Instead, just put the last four numbers.  The credit card company knows the rest of the number, and anyone who might be handling your check as it passes through all the check processing channels will not have access to it.

Never have your Social Security number printed on your checks.  You can add it if it is necessary.  If you have it printed, anyone can get it.

Place the contents of your wallet on a photocopy machine.  Copy both sides of each license, credit card, etc.  You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel.  Keep the photocopy in a safe place.  Also carry a photocopy of your passport when you travel either here or abroad.

We have been told we should cancel our credit cards immediately.  The key is having the toll free numbers and your card numbers handy so you know whom to call.  Keep those where you can find them.

File a police report immediately in the jurisdiction where your credit cards, etc., were stolen.  This helps prove to credit providers you were diligent.

Call the three national credit reporting organizations immediately to place a fraud alert on your name and Social Security number.  The alert means any company that checks your credit knows your information was stolen, and they have to contact you by phone to authorize new credit.

Here are the numbers you need to contact if your wallet, etc., has been stolen:

VEHICLE INSURANCE

Until it's too late, most of us don't even look at our vehicle insurance policy. Remember, one cannot rely on the at-fault party's insurance to cover all expenses right away. Even when a collision is the fault of someone else, that person may not have insurance, or delays in the claims process may result in significant out of pocket expenses until the claim is settled.

RENTAL CAR COVERAGE

What does one do when there's a wreck that damages one's vehicle, requiring repairs? How does one get around until the vehicle can be fixed or replaced?
Many insurance companies will offer coverage to pay for a rental car while their insured's is in the shop. Many times consumers will ask their insurance agent to provide them with rental car coverage, only to find out when they need it that the standard coverage is too low to cover the expense of a rental car. Many policies will set the coverage as a specified sum, such as $15.00 per day - less than half of what it costs to rent a car. Check your policy to insure you have adequate coverage, or that you are not paying too much for the little coverage provided.

ARBITRATION AND APPRAISAL CLAUSES

A disturbing trend has emerged in the insurance industry in that most policies now include provisions for mandatory arbitration or appraisal should any dispute arise between the policy holder and the insurance company. If your policy contains an Arbitration Clause, the clause will usually state that if there is a disagreement between you and your insurance company over whether the company should pay your loss or over the amount of the loss, the dispute will be submitted to an arbitrator, and the arbitrator's decision will be binding - meaning that you have lost your rights to have the dispute decided in a court of law. Because these clauses limit the consumer's access to the judicial system, some states have declared that these clauses violate public policy, and the arbitration clauses will not be enforced. An Appraisal Clause is similar to the arbitration clause, but is limited to disputes over the amount of the loss to be paid. Typically, if one does not agree with the insurance company's offer, an appraiser must be hired by the consumer, and the insurance company and the consumer split the cost of a referee. Regardless, one's right to judicial determination is lost. We encourage anyone who has either an arbitration or appraisal clause in their policy to check the laws of their state to determine the legality of such clauses. If your state law does allow the use of these clauses, we would encourage you to change companies, if necessary, to obtain a policy which protects your access to the courts.

CRS - CHILD RESTRAINT SYSTEMS

There are far too many wrecks in which adults involved walk away, while infants restrained in child safety seats are seriously injured.

Child safety seat changes and auto industry changes in the way the seats are installed have not meshed.  There are hundreds of injuries every year from CRS's being negligently manufactured or installed in cars not designed to accept them safely.  

A recent survey found that 80% of CRS's are installed incorrectly, and it is not the parents' fault!  There are now seven major types of seatbelts, countless child-seat styles and many seatbelt systems now require special modifications to ensure safety.

Most specifications for seat belt/CRS safety hail from when bench seats were used, and the seat belt anchors were located at the rear of the seat "bight" (crack in the seat).  Seat belt anchors in today's cars are rarely behind the seat bight, and more commonly are located on a stalk or otherwise situated significantly forward of the bight.  It has been established since the early 80s that seat belt anchors forward of the seat bight create a compatibility problem between child restraints and automobiles.

CRS manufacturers typically do not warn of which autos their systems are not compatible. The manufacturers of these products have known for years that their products do not fit in many cars in which they will be  used, but have failed to take responsibility to see that children are not injured and killed by their unsafe products.

There should have been some tremendous strides made in the last few years in fixing this long-standing compatibility problem between child restraints and automobiles.  Child restraints made after September 1998 have to have certain safety features that they did not generally have before, such as a lower anchorage system that could be clipped into anchors in automobiles - so the CRS is secured at the bottom tightly against the seat without using the auto seat belt.  The CRS head excursion limit was reduced by 3 and 1/2 inches, and all CRS manufacturers complied by installing a tether on the top of the restraint that hooks to the back of the auto seat.  But the attachment hardware to hook these new CRS features up in vehicles has been phased in, and it is just this year that new car models are required to have a lower anchorage attachment and an attachment to secure a child restraint tether on top.  In the meantime, there will be many years to come of injuries to children from child restraints in automobiles made prior to this point in time.  The manufacturers are leaving the old restraints on the market and not recalling them due to their failure to comply with current safety standards!

If your child is injured or killed in a child restraint that you believe was used properly, there is a good chance that you are not to blame, and that the product itself is primarily to blame for what happened.

ATV/AUTO/HOMEOWNER POLICIES

Most homeowner polices specifically exclude ATV's, as do some auto policies. We highly recommend that ATV owners buy a separate $100,000.00 liability policy to get up to the minimum umbrella floor for most umbrella policies.
 

LAW OFFICES OF GARY GREEN

Copyright © 2008 Law Offices of Gary Green
Last modified: March 27, 2008 

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