Issue No. 21 Client Brief March 2009
Save a Little – Lose a Lot
Why now is not the time to stint on auto insurance

accident victim on stretcherAn uninsured driver runs into you in a crosswalk and you wind up in the hospital. Who pays for your medical expenses and pain and suffering? Chances are the uninsured driver can't afford to pay. Now suppose that the driver who hit you had the minimum $15,000 liability coverage, but your injuries are serious and your medical expenses alone are well over $15,000. Again, that underinsured driver probably can't afford to pay the rest of your damages. So, who pays the remainder? Will your auto insurance pay them all? Only if you've got uninsured-underinsured (UM-UIM) coverage on your policy.

UM-UIM Insurance
Insurance companies that sell automobile insurance in Pennsylvania are required to offer all customers the option of adding UM UIM coverage to their policies. The uninsured motorist (UM) coverage pays damages when an insured is injured in a car accident caused by another person who does not have liability insurance. The underinsured motorist (UIM) coverage pays when an insured is injured in a car accident caused by another person who has insufficient liability insurance. If you don't have UM-UIM coverage, and you are injured by a uninsured or underinsured driver, your own auto insurance will generally only pay for medical care up to $5,000.

If you're feeling the economic pinch lately, you might be tempted to save a bit of money by reducing your UM-UIM coverage or eliminating it altogether. But the chances that you'll need this coverage are likely to be greater than ever. According to a recent report by the Insurance Research Council, one in six drivers in the U.S. may be driving without insurance by 2010.

chart comparing unemployment rate with rate of uninsured motorists
(Click anywhere on chart to see full-size version)

The number of uninsured motorists has been steadily decreasing for the past few years, but the economic downturn is expected to greatly increase that number as people lose their jobs. The report found a strong correlation between the percent of uninsured motorists and the unemployment rate:According to the IRC press release:

An increase in the unemployment rate of one percentage point is associated with an increase in the uninsured motorist rate of more than three-quarters of a percentage point. Based on current unemployment rate projections, the percentage of uninsured motorists is expected to rise from 13.8 in 2007 to 16.1 in 2010.

Now more than ever you need to protect yourself and your family. Keep your UM-UIM coverage in place (or add it, if you don't already have it.)

Stacking
If your household has more than one car, you can also increase your coverage by "stacking." "Stacking” your UM UIM coverage means that, in the event of an accident involving an uninsured or underinsured motorist, your total coverage limit will be the combined limits on all of the vehicles insured in your name, whether they are insured under the same policy or under different policies.. Under Pennsylvania law (75 Pa.C.S. §1738), your coverage can be stacked unless you waived stacking in your policy. Waiving coverage will decrease your premiums somewhat but will significantly decrease the coverage limits available to you in case of an accident.

Coverage of Relatives
Even if you don't have an insurance policy yourself, you may still be entitled to UM and UIM coverage if you are in a car accident. This is because the law’s definition of an “insured” includes “a spouse or relative” of a named insured, if the spouse or other relative is “residing in the same household of the named insured.” (75 Pa.C.S. §1702). Pennsylvania courts have clarified the facts and circumstances that make a person a resident relative in automobile insurance policies. A person’s residence is “a factual place of abode.” A residence does not have to be permanent and can simply mean that someone is physically living in the household.

A child who lives part-time with each of the child's divorced or separated parents may even be considered to have two residences for purposes of insurance coverage. One of the simplest ways to secure full coverage for all of your eligible children is to name them as insureds. If you have a child who is not named as an insured on your policy, that child may still be entitled to coverage only if he or she regularly sleeps, eats, and interacts with others at your home.


Do Basketball Stats Lie?
The best team player may be more valuable than the best player

Those star basketball players with the impressive statistics may actually be hurting their teams. So says Daryl Morey who was hired to improve the performance of the Houston Rockets basketball team and has had remarkable success. In an article in The New York Times Magazine, Michael Lewis reported on Morey's strategy of finding different ways of measuring basketball performance by applying statistical analyses like the ones Bill James applied to baseball with "Sabremetrics."

According to Morey, individual statistics are particularly unhelpful in judging a player's contribution to a team's success in a sport like basketball where teamwork is all important. One example: a point guard might give up an open shot for an assist. The article focuses on one prime example of a player who, Morey says, has unsensational statistics but makes every team he plays on much better: the Rockets' Shane Battier.
LSS Partner One of America's Best
photo of MarkStevens
Langsam Stevens & Silver partner Mark Stevens has been named one of America's best environmental lawyers in the 2009 edition of The Best Lawyers in America.

Lawyers are chosen for inclusion in the list based solely on a vote of their peers. Listings cannot be bought, and no purchase is required to be included. For these reasons, Best Lawyers lists are considered the most reliable, accurate and useful guides to the legal profession in the United States. Congratulations, Mark!


Did You Know?
Legal Papers Served Through Facebook
Facebook graphic
The BBC reports that, in a first-ever decision, an Australian court has allowed an attorney to serve papers relating to a loan default via the popular social networking site, Facebook. After the couple had missed a court date, and attempts to find them at all known work and residence addresses had failed, the attorney managed to trace them by finding the woman's page on Facebook. Using personal details from her page, he convinced the judge that he had located the correct person. The judge then allowed him to serve the papers via Facebook's private email link.


Useful Tools

Free Telephone Directory on Your Cell Phone

mobile phone
A new service from Google allows you to find people and connect to them automatically through your cell phone. Instead of using information – or even manually dialing the number – you can just call this number and follow the prompts to identify the person you're trying to call. And the service is free! Just store this number in your cell phone –
1-800-GOOG411 (1-800-466—4411).

Langsam Stevens & Silver LLP represents individuals, groups, and businesses in a wide variety of areas of law: business and commercial transactions and litigation; general business representation; personal injury; catastrophic loss; landlord and tenant; creditors' rights; collections; real estate; estate administration, planning and litigation; domestic relations; business entities; bankruptcy; finance; health care; subrogation; toxic tort defense from exposure to hazardous substances; environmental defense; environmental representation with respect to real estate and other corporate transactions; and general litigation in Pennsylvania and New Jersey.


The information contained in this newsletter is not intended to be, and should not be construed as, a substitute for professional legal or financial advice. Please do not hesitate to call us at (215) 732-3255 or email hlangsam@langsamstevens.com for further information or assistance.