FAQ: What happens if I get into an accident with an e-scooter? Dockless, electric scooters arrived suddenly last summer and are apparently here to stay for the foreseeable future. Despite the general disagreement over whether or not this is a good thing, many Denver residents have adopted them as their new means of transport for both work and recreation. However, a recent study by the CDC in Austin, Texas found an average of 20 injuries (15% of which were traumatic brain injuries) per 100,000 rides. With about 5,000 rides per day in Denver and our first death-by-scooter occurring only a week ago, people are starting to wonder who’s at fault when something inevitably goes wrong.  If you’ve taken the time to read the 74 page rental agreement you’d know that companies like Lime, Bird, and Lyft claim zero liability for injury incurred on a scooter or damage done while riding one. There are a couple ways this can hurt you as both a rider and a driver.    First of all, it’s important to note that in Colorado 1 in 6 drivers doesn’t have car insurance, which means if you get hit by a car while riding a scooter there’s a pretty good chance the driver doesn’t have insurance to begin with. If they do, Colorado only requires a minimum of $25,000 which could be quickly surpassed by medical costs, not to mention pain and suffering compensation for permanent injuries.  As a driver, if you hit someone riding a scooter and you’re at fault your drivers insurance will cover the damage. However, you should still be wary if you opted for the $25,000 coverage as it may not get you very far and you will be liable for whatever costs remain. Overall, the best option as a driver is to get more coverage if you’re currently at the minimum. If you also have homeowners or renters insurance with the same agency you’ll likely be able to get an umbrella policy for a slightly larger monthly fee that will add $1 million in coverage and should cover any trouble you manage to get into.  If you’re on the scooter things get a little more complicated. If you’re hit while riding a scooter and it’s the driver’s fault the cost of your medical care should be covered by their insurance, whether it’s the driver’s insurance or the insurance registered to the car. If the car and/or driver that hit you is an uninsured or underinsured and you have car insurance, your own UM/UIM insurance will follow you and step in to cover remaining costs.  However, in a situation where you’re riding a scooter and damage property, hit a pedestrian, or cause a car accident you could be held liable for all damages. Many have assumed that their drivers insurance would follow them when they’re riding but most auto insurance policies are specific to 4-wheeled vehicles and therefore can’t be applied to a 2-wheeled scooter. Some renters or liability insurance policies cover recreational vehicles but make a note to limit that coverage to non-motorized vehicles (like a bike or your standard razor scooter). The only existing policy that does apply to scooters is motorcycle insurance, but even then all policies are different and if you decide to go that route be advised to check the policy carefully. Denver has been trying to safely integrate the e-scooters into the city’s traffic laws since they arrived. Originally designated as “toy scooters” they were limited to use on sidewalks, but with an average speed of 15mph they conflicted with pedestrian traffic. When the city’s contracts with various scooter providers were renewed last month, those laws were updated and relegated scooters to bike lanes on the roads that have them and allowed them on sidewalks only when a road’s speed limit exceeds 30mph. On sidewalks speeds are limited to 6mph, however no tickets have been issued for riders breaking this rule.  Clearly there is more work to be done. The laws for scooters are currently confusing, unenforced, and generally ignored. There’s also a gap in insurance for electric scooters and the responsibility has fallen to the users to find their own coverage. So, if you ride e-scooters often or dodge them daily it would be a good idea call your insurance provider and ask how to get coverage for those situations so you can ride confidently and safely.  Watch Phil Harding speak about it on Colorado’s Best on KDVR Denver to learn more and always feel free to contact us for a free consultation.

FAQ: What are the best ways to keep insurance premiums for teenage drivers low? Do you have a teenager that’s about to hit the road for the first time? It’s a scary prospect as a parent, especially considering (according to 2016 national statistics) that motor vehicle accidents were the leading cause of death for people aged 16 to 19. Those same statistics show car accidents killed 2,433 teenagers and sent 292,742 of them to the ER in one year. Because of this teen drivers also incur higher insurance premiums, but there are strategies to ease your mind and your wallet the next time your teen asks to borrow the keys. First of all, when choosing a policy for your teen you’ll want to make sure you write your policy in 12 month terms, as opposed to 3 or 6. This way even if something does happen your premiums won’t rise until the policy is renewed. Another tactic is to rate your teen on your cheapest car. Obviously kids in sports cars are expensive to insure, but you could be surprised by the amount you save on premiums when you switch the rate from your newest car to one that’s a bit older and cheaper. Beyond the policy itself there are other ways to save money when insuring your teen, and these tactics have the added advantage of encouraging your teen to drive more safely. If your child is a good student that’s a great place to start! Most policies offer a discount of 10-20% for high school drivers with a 3.0 grade point average. There are also programs in place like Teen Safe Driver from American Family Insurance. This is an app that’s installed on your teenager’s smartphone that monitors their driving, rates each trip, and gives them feedback on what they could improve on. The app looks at things like speed, location, texting while driving, hard breaks, and extreme accelerations. It also sends its report to you so you can identify bad habits and start conversations about dangerous driving. Once your teen completes a year in the program or drives 3,000 miles with the app (whichever comes first) you’ll receive a 10% discount on their policy. Apart from these programs there are some general safe driving tips that apply to everyone and may seem simple, but having these conversations with your new driver could save you money and heartache. Seatbelts save 15,000 lives every year according to the National Highway Traffic Safety Administration and should be worn at all times while in a vehicle. They keep you inside the car (and therefore 4 times more likely to survive a crash), reduce injuries by spreading out the force of impact, and protect the brain and spinal cord. It’s also incredibly important to talk to your teen about the dangers of distracted driving. They’ll tell you they already know, but it still causes nearly 60% of teen crashes. One of the biggest reasons to have a conversation about it is that it’s the kind of behavior that compounds when it’s not corrected. Like drunk driving, if they get away with it a few times they can convince themselves that they’re good at it and won’t correct the behavior on their own until a crash or police intervention forces them to. Obviously drinking or texting while driving is incredibly dangerous but distraction and impairment can come in many forms, really it’s anything that takes their mind or eyes off the road. Talking on hands free devices has been proven to be just as dangerous as talking on a cell phone normally. Driving while tired slows reaction times and is responsible for an enormous number of fatal crashes every year. Even things that seem innocuous such as turning the radio station, changing the temperature, or talking to a friend in the car can greatly increase their chances of getting into an accident. Another great piece of advice to tell your teens is to pause for a moment if they’re the first in line when a light turns green. The amount of people running red lights has been on the rise over the last few years so taking a second at a green light is an increasingly useful habit to avoid a nasty crash and all the grief that comes with it. Backing into or pulling through spots in a parking lot is one more way to avoid accidents. The majority of backover accidents happen in parking lots and driveways and taking the time to back into a spot will give them a better vantage point to see pedestrians and other traffic when their getting ready to leave the space. To learn more about keeping your teens safe and premiums low watch Phil Harding on Colorado’s Best on KDVR Denver to learn more and, as always, feel free to contact us for a free consultation.

UM/UIM stands for Under/Uninsured Motorist; BI stands for Bodily Injury, you elect UIM coverage through your own insurance; the other parties’ insurance is BI, coverage available for bodily injury to you caused by another driver. After a motor vehicle accident people are deeply shocked, often times injured, and quite unsure what to do next. After the shock wears off and your initial injuries have been addressed, you may be thinking about your auto insurance and why you have that UM/UIM policy that the law requires you to have. This is typically called “25/50” because this is the minimum our state of Colorado requires you to have on your car. The $25,000 covers injuries that you cause to another person. The $50,000 covers injuries that you caused in an accident where more than one person is injured. Conversely, when your injuries are caused by another person, and they are cited and held accountable for the accident, their insurance (BI or Bodily Injury) may only have the minimum of $25,000 to compensate you, or they may not have any insurance at all. Optional insurance coverages you can choose for yourself are UIM (Under/Uninsured Motorist) and Med Pay (Medical Payments). This insurance is very important and covers you if the other side is either uninsured or under insured. Insurance companies are happy to oblige you if you say you don’t want these extra coverages (they may even suggest you don’t need these additional coverages), due to the additional cost added to your premium, and the cost to them when you make a claim. Most people are unprepared for the high cost of an Emergency Department visit after a motor vehicle accident. Additionally, the average person is also emotionally and financially unprepared for the cost and time needed for ongoing treatment for their injuries. So, in a situation where another person has caused an accident where you are injured, you will need to be prepared to seek treatment and pay for that treatment, preferably through your health insurance. When you settle your injury claim after you have reached MMI (Maximum Medical Improvement), as determined by your doctor, your attorney will seek the most compensation available to you. That compensation comes from the Bodily Injury insurance coverage from the person who caused the accident. If you have chosen to elect Med Pay on your own insurance, you have at least $5,000 to cover the initial medical treatment for your injuries. This med pay coverage is optional, but is important to have to work in conjunction with your health insurance coverage. Should your treatment exceed $25,000 or whatever coverage that the person who injured you has; and you’ve chosen to elect UIM coverage, then your own UIM coverage may kick in to account for the underinsurance held by the tort feasor, or the person who was at fault for your injuries. You can’t determine who runs into you, but you can protect yourself with UM/UIM, in case the other side is underinsured or uninsured. Please think twice (or more) when choosing your insurance coverage. It may not cost very much to elect more coverage than the minimum the state requires. You may also benefit greatly by having Med Pay and Under/Uninsured Motorist coverage. Your insurance carrier may tell you that it is unlikely you will need Med Pay and UIM, therefore saving you money! In the case of even a minor accident caused by another, your choosing to have Med Pay and UIM may be the difference between a financial catastrophe and a comfortable recovery. If you have suffered injuries as the result of an accident, through no fault of your own, please call Harding & Associates to get a better picture of your rights. We can be reached at 800-878-7888 or 303-762-9500. There is never a charge for an initial consultation with a skilled, experienced personal injury attorney who can evaluate your case and assist in developing a strategy to fight to obtain the compensation to which you are entitled. Source: Blog

You went out shopping today. You looked at spring flowers and looked forward to the new garden you’re about to put in. You have so many ideas! You’re on your way home feeling pretty good. Then WHAM. You get hit from behind by a distracted driver. After the shock of a motor vehicle accident and the damage to your car, you then have to consider that you’ve been injured and may well be injured for months, or years. After you’ve reached MMI (Maximum Medical Improvement), as determined by your doctor, it is time to settle your claim (but remember, no matter how long your treatment you need to settle before the statute of limitations). You have already discussed this accident and the impact it has had on your life. The impact was nearly catastrophic! Your injuries impacted your home life, your professional life, and your social life. It may have affected your emotional well-being. You’ve even calculated that your compensation should be – this much, and you expect that others will certainly agree. That is until you start dealing with the insurance adjustor. How can the insurance company possibly imagine that you will agree that the paltry sum they are offering can compensate you? This is impossible you think, aren’t insurance adjusters human, after all? Well, not exactly. While the adjustors are human, adjustors use software to determine what your injuries and inconvenience are worth. No robot can imagine your not being able to pick up your youngest child for six months, or the fractured relationships you now have at your work place because of your time away for appointments, or the added responsibilities your husband took on while you were recovering, and the strain on your marriage. There are several software products that insurance companies use. While they are not exactly the same, they serve the same purpose. That is to reduce your pain and suffering to a numeric score. This score is equated with a dollar amount. These software packages have been programmed to evaluate claims in a way for the insurance company to justify paying the absolute least amount possible. The robot doesn’t take into account your inconvenience, loss of enjoyment of life, stress, loss of consortium, and pain and suffering. Your attorney is able to negotiate why your injuries are worth more than an adjuster’s first, second or third offer. You may even wind up in trial where a jury can understand those human emotions that a robot cannot. These software programs even know who your attorney is, and his or her willingness to go to trial. They also know if you don’t have an attorney at all. If you have suffered injuries as the result of an accident, through no fault of your own, please call Harding & Associates to get a better picture of your rights. We can be reached at 800-878-7888 or 303-762-9500. There is never a charge for an initial consultation with a skilled, experienced personal injury attorney who can evaluate your case and assist in developing a strategy to fight to obtain the compensation to which you are entitled. Source: Blog

Despite the frequency with which jury trials are portrayed on television and in movies, when a person ends up called to serve on a jury, that individual is likely to encounter a number of seemingly foreign concepts. For example, in some situations a judge may advise a jury at the start of a personal injury trial that the defendant in the case “has accepted liability.”

When a jury is told that a defendant in a personal injury case accepts liability, which means that the jurors no longer need to determine whether or not the defendant in the case is at fault for causing the accident. Rather, the jury is left with the task of determining the extent of damages or injuries the plaintiff sustained as the result of that defendant’s admitted negligence.

A juror may ponder why a defendant in a personal injury lawsuit is willing to concede that he or she was at fault in a particular situation. In most cases, it is because the defendant’s attorney does not want the jury to hear about the specific circumstances surrounding the accident. When a defendant accepts fault in a personal injury case, the facts and circumstances surrounding the accident in question generally are no longer relevant. A judge will not permit the presentation to the jury of evidence relating to the circumstances of the accident itself.

Examples of cases in which a defendant takes this position include situations in which the defendant was intoxicated at the time that he or she caused a car accident, which resulted in another person sustaining injuries. A defendant may use this tactic if he or she was involved in the commission of a crime at the time of the accident (for example, eluding police in an automobile).

If you have suffered injuries as the result of an accident, through no fault of your own, please call Harding & Associates to get a better picture of your rights. We can be reached at 800-878-7888 or 303-762-9500. There is never a charge for an initial consultation with a skilled, experienced personal injury attorney who can evaluate your case and assist in developing a strategy to fight to obtain the compensation to which you are entitled.

Source: Blog