​Splitting Lanes, Motorcycle Danger


Persons who operate motor vehicles, all kinds of vehicles such as sedans, pickups, coupes, SUVs, minivans and motorcycles, all share public roads and many take advantage of the protection of vehicle insurance. While it helps both individuals and society as a whole to have insurance, its protection is still limited. It can pay to repair or replace vehicles, but it can’t always restore injured persons to complete health. It can handle the costs related to burials, but that’s no solace to those who have lost a loved one to accidents. It is best to try to implement behaviors that minimize or eliminate accidents. Driver behavior is critically important, particularly the practice of lane splitting or stripe riding.
In many areas, traffic can become very congested. Motorcyclists may choose to take advantage of the compact size of their vehicles by riding in the areas between road and highway traffic lanes. While that may be an effective way for cycle riders to defeat frustrating traffic, it’s also dangerous. The practice in the U.S. is being imported as it is much more common in other countries that face higher levels of congestion as well as a higher number of motorcycles.
Lane splitting offers a number of positives:

• It can reduce traffic congestion
• It allows motorcycles to keep their air-cooled engines from stalling
• It helps cycle riders to avoid road surface irregularities such as potholes and uneven surfaces
• It reduces incidents of cycles being rear-ended, a dangerous source of cyclist injuries

Of course, there are also significant negatives:

• It creates a speed differential between cycles and other, larger vehicles
• It can sometimes stir hostile, defensive tactics from drivers of other types of vehicles
• It can startle drivers who don’t expect cycles moving past them, invading their lanes

A number of states permit limited forms of lane splitting. In one university study, it was discovered that less than 20% of motorcycle riders regularly split lanes. It also discovered that those who did split lanes tended to do so during commuting, wore better helmets and were less likely to operate their cycles while being impaired. As the practice becomes more popular, it will be increasingly important to split lanes in a safe manner and to increase the awareness of other vehicle operators. Sadly, many operators of larger vehicles often fail to consider motorcycles as they drive. Greater awareness of this cycling tactic is key to creating driver habits that recognize the need to look out for motorcycles and to take greater care by maintaining longer following distances and watching for motorcycles when changing lanes, braking and making turns. Insurance can be effective in dealing with the consequences of accidents, but it is far more effective when accompanied by driver awareness that helps reduce or eliminate accidents from occurring.

While insurance is a method of protecting against injury and loss, a much older method is called risk management. It refers to any action that helps to either significantly reduce or eliminate the chance of an accident. Risk management can be used to help make our homes safer, particularly our bathrooms where most (nearly three-fourths of all) home accidents occur.

Bathrooms are most dangerous due to water from sinks, showers and tubs. Bathrooms are most dangerous for the very young and the elderly, so it is critical to take steps to decrease the chance of harm from accidental falls and from electrocution. The following are steps to consider:

• Tubs and showers should have a non-slip surface or adhesive mats or pads in order to safely enter, exit and stand
• Moisture build-up should be battled by use of exhaust fans/vents
• Do not use floor waxes on bathroom floors
• All spills should be cleaned up immediately
• Consider installing rails to make it easier to use tubs, stalls and toilets
• Soap dishes and towel bars should be made of break-resistant materials
• Consider use of packaged, liquid soap instead of bar soaps which are harder to grip and may contribute to falls in attempt to retrieve drops
• Outside of tub/shower area, use a non-slip, absorbent bath mat
• Make bathroom cabinets inaccessible to toddlers and/or keep chemicals, medicines and cleaners out of their reach
• Use grounded electrical outlets that trip outlet circuits when exposed to water
• Keep electrical appliances unplugged and away from water 
• Consider installing step-in style tubs for the elderly

Sometimes, the best insurance is to be safety-minded.

​After a wildfire, people may have questions about their insurance coverage. The Insurance Information Institute offers answers to some of these basic questions.

Q. What about the house itself? Is the structure insured on a replacement cost basis or will I have to pay for a portion of the cost of replacing my seven-year old roof myself?
A. The typical homeowner’s policy pays for repairs to the dwelling on a replacement cost basis so that regardless of the age of your roof, the insurance company would pay the entire bill, minus your deductible.

Q. If your home is old, has not been modernized, and is only worth a fraction of the cost of replacing it, would the insurance company pay to rebuild it?
A. People who own such homes usually have a special older home insurance policy. This policy will pay for basic repairs. If the dwelling is not rebuilt, the insurance company will pay the lesser of two amounts: the cost of repairs or the market value of the house, minus the land.

Q. Does my insurance pay for the loss of any trees, shrubs or other plants I lost from the fire?
A. The typical homeowner’s policy covers trees, shrubs, plants or lawns on the residence for loss caused by fire. Usually insurers will pay up to 5 percent of the limit of liability that applies to the dwelling for all trees, shrubs, plants or lawns. No more than $500 will be paid for any one tree, shrub or plant. Insurance, however, does not cover property grown for business purposes.
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Q. Does my insurance company pay for the portion of my home that I rent?
A. A homeowner’s insurance policy covers the fair rental value of premises less any expenses that do not continue while it is not fit to live in.

After a wildfire, people may have questions about their insurance coverage. The Insurance Information Institute offers answers to some of these basic questions.

Q. Why do I need a home inventory, won’t my insurance company trust that I know what I have in my home?
A. A home inventory is valuable because it can be very difficult to remember everything that was in the home. A good inventory, if supplemented with photos, video, receipts, model numbers and appraisals, can help the homeowner get a more accurate settlement in less time, in most cases. A copy of the inventory should be kept in a safe, or in a location away from the home. To make creating your inventory as easy as possible, the I.I.I. has a free home inventory tool, Know Your Stuff®, which includes secure online storage so you can access your inventory anywhere, anytime.

Q. Much of my furniture and possessions were badly damaged, can I get rid of them if I have a home inventory?
A. A homeowner should not throw things away until an insurance company representative has had a chance to assess the damage and make a claim report.

Q. My home was vandalized after the fire and my new television was stolen, am I covered?
A. Homeowners insurance policies cover theft and vandalism, so any losses due to looting in the wake of the fire would be paid.

Q. Are there many different kinds of personal coverage policies?
A. There are two basic kinds of coverage for contents--replacement cost and actual cash value. Replacement cost coverage pays for the damaged item to be replaced with a new item of similar quality. Actual cash value coverage, which is less expensive to buy, pays an amount equal to the replacement cost, less depreciation. So if a 20-year-old washing machine is damaged and you have replacement coverage, the insurance company would pay for a new washing machine. If you have an actual cash value policy, the insurance company would pay only a small portion of the cost of buying a new machine, because that machine has already been used for 20 years and would only be worth a fraction of its original cost. Replacement cost policies usually have higher limits for personal possessions than actual cash value policies because the cost of replacing all the damaged items is higher.

After a wildfire, people may have questions about their insurance coverage. The Insurance Information Institute offers answers to some of these basic questions.

Q. If my house burns down, will my insurance company pay to have it rebuilt?
A. The typical homeowners policy covers damage due to wind, fire and lightning. So if your home has been completely destroyed by a fire or if the roof has been burned, your insurance company will pay to have your home rebuilt or the roof replaced. It will also pay if flames and smoke have damaged any other part of your home.

Q. I know my homeowners policy covers my house. Does it cover the contents of my home and my garage?
A. Yes. In addition to paying for damage to the dwelling, homeowners policies cover other structures on the premises, such as a garage or tool shed, as well as damage to your furniture, clothes, appliances and other personal possessions up to the limits of your policy.

Q. My home has been so severely damaged that it is no longer fit to live in. We can live with friends for a week or two, but after that, I don't know where we'll live. How am I going to pay for all these extra expenses?
A. Your homeowners insurance policy will pay the extra expense of living elsewhere -- reasonable costs to maintain your household -- until your home has been repaired or rebuilt. That would include the cost staying in a hotel for a while, and even clothing. Be sure to keep your receipts.

Q. Most of my personal possessions are ruined. Is there a limit on how much my insurance company will pay for my clothes, furniture and appliances?
A. The contents of your home--your personal possessions--are covered up to the limit set out in the policy, often 50 percent or 75 percent of the amount of coverage you have on your home, depending on the type of policy.

See part 1 which discusses the meaning of social media liability.

Social media liability claims can be complicated and expensive since they may involve historical postings. In these instances, defense costs may include electronic discovery or subpoenaing information from any applicable social networking sites. Expenses could expand if a party filing a lawsuit demands information beyond a post to one particular site to include posts made on all the social networking sites where a defendant holds an account.

Depending on the nature of the claim, the insured may be faced with multiple lawsuits in multiple jurisdictions including outside the United States. Defense costs may reflect extensive jurisdictional and venue disputes that have to be handled (and paid for) even before determining if that claim is eligible for coverage.

Another issue is the problem of handling intentional (deliberate) acts. They are routinely excluded by most insurance policies. An insurance company may choose to deny either legally defending and/or responding to a lawsuit because, in its opinion, the policyholder had full knowledge that published information was false or that an act was an invasion of privacy.

Social media liability is not a common term so insurance policies generally refer to the traditional terms of "personal and advertising injury" and extending this traditional coverage to social media and the Internet. Social media makes it easier to libel, slander or invade a person's privacy.

Off-the-cuff comments that used to be made at the water cooler or in the privacy of one's home are now published nationwide or internationally. The result? Damages sought by a claim can be more substantial because there are more people aware of the comments as compared to traditional situation.

You must be aware of the legal potential in using social media and the claims that can result if defamatory comments are made about family members, friends, exes, etc. There is no immunity from lawsuits simply because such comments are commonly posted on sites such as Facebook or Twitter. 
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Considering what is at stake, especially for businesses, umbrella coverage is definitely recommended as an additional source of protection. Umbrella coverage is also recommended for prolific social media users and bloggers. Although avoiding high-risk behavior is a simpler and more effective way to eliminate problems, it is unlikely that individuals will avoid social media or blogging altogether. A more realistic expectation may be that a person may inadvertently engage in behavior that creates a claim. Individuals should evaluate the risk potential and realize that coverage for social media liability may become a necessary part of everyday life, similar to auto insurance or home insurance.

Your chances of suffering a loss is increasingly affected by your use of the Internet and, particularly, social media. Increasing your awareness of social media liability loss exposures may help you to minimize or avoid them. 

Social Media Liability refers to claims for libel, slander, harassment, invasions of privacy, violations of intellectual property rights, and even improper employment practices resulting from the use of social media sites, including Facebook, InstaGram, Twitter, YouTube, blogs, etc. Some coverage exists for business as well as for personal exposures to such losses.

Most business insurance policies include personal and advertising injury coverage that provides some protection for libel, slander, and derogatory remarks as well as invasion of privacy. Some homeowners and renters policies also provide personal and advertising injury. Standard business forms may contain language that provides limited coverage because they refer to material published on the Internet or to electronic communications. Coverage may also exist because protection for suits involving libel and slander may make reference to defending against and, if needed, covering claims due to incidents of publishing or broadcasting information in any manner.

Individuals who blog or who maintain watchdog Web sites (consumer sites that monitor specific companies or products), may be susceptible to claims of defamation or invasion of privacy. Casual users of social network sites may inadvertently post comments about a current or former lover that are defamatory, especially after a divorce or messy breakup.

Businesses’ networking-related exposures are typically related to business activities. Businesses may, for example, misattribute the ownership of a Web site to a lower level employee in order to shield the business. That employee may sue for false invasion of privacy, especially if the Web site contains sordid or proprietary material. Business managers may also announce firings or disclose personal information about their employees that may create lawsuits. Personal networking-related exposures run the gamut of claims, including accusing individuals of crimes, infidelity, failure to pay child support, disclosure of personal or financial information, posting of pictures or videos in compromising positions, etc.
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See Social Media - Part 2 for more information on claims and protection.

Running On Red

The traffic light was such a good, necessary, idea that it was invented before cars and used to control the movement of pedestrians and horse-drawn vehicles. The first automatic, electric traffic light was invented and in use in the 1920s. Traffic lights borrowed their concept from railroad signals, originally using two colors; a third was added later. The intent of the signal colors was quite clear:

• Green meant "Go"
• Yellow meant "Caution"
• Red meant "Stop"

Unfortunately, too many modern drivers think the following:

• Green means "Go"
• Yellow means "Go Faster"
• Red means "Keep Going"

Many drivers ignore the intent of traffic lights. They don't value their purpose to maintain a safe, effective traffic flow. Traffic lights that are operating normally are extremely effective. They can manage the flow of autos, trucks, SUVs, motorcycles, busses, tractor-trailers and other self-propelled vehicles. Their effectiveness is diminished only by malfunction or by drivers who routinely decide to disobey the devices.

The problem is simple. Selfishness and self-interest often trumps safety. Different groups regularly poll drivers about their automobile operating habits. The answers reveal some interesting items:

• Many drivers routinely witness other drivers running red lights
• A significant number of drivers admit to running red lights themselves
• The most frequent reasons for running red lights were because the driver was in a hurry, followed by drivers not noticing the light
• Most drivers believe that traffic light violations are rarely punished
• A majority of drivers believe that the consequences of running a light are minor

Driver beliefs clash with reality. Running red lights cause serious problems. The practice leads to the number one reason for collisions and a leading source of traffic fatalities. The reason for the latter is that such accidents usually involve the front of one vehicle striking the side of another or a "T" collision. Vehicle safety devices and vehicle construction are ineffective in protecting persons whose cars are struck on their sides, especially if the other car has sped up to beat a red light.

Increasingly, towns and cities have turned to technology to help with the chronic problem. Traffic light cameras, though very expensive, are an effective way to reduce traffic light violations and intersection collisions. The cameras are triggered when an auto enters an intersection on a red light. It takes a photo of the vehicle's license plate and traffic tickets are sent to the owner. However, because of their expense, cameras can only be used on a limited basis.
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If you're on the road, make the decision that improves traffic flow, increases safety and reduces insurance costs…remember that red means "stop."

Contractors or Cons?
Your home may be destroyed by a fire, flood, storm or other catastrophe. You're scrambling around to get your life back in order and you may think that things couldn't get worse. Well, they can and often do because of people who can't spell contractor without c-o-n.

The period after a serious loss is hectic, emotional and disorienting. Your major concern is to get your home repaired or rebuilt. These elements make you very vulnerable to "CONtractors" - people who specialize in victimization instead of construction and in rip-offs rather than repairs.

Slow Down And Make Good Decisions
While you may be in a hurry to restore your loss, it is critically important to avoid persons who appear on your damaged doorstep offering to start construction. While handling a serious loss, think of taking precautions such as the following in order to avoid compounding your problems:

• Pay attention to any "feelings" you get about any contractor, particularly when they initiate contact
• Refuse to pay any money "up front"; a reputable contractor always works according to a written agreement, spelling out cost of materials, labor and other important work details
• Contact more than one contractor to get competitive estimates
• Make sure that any contractor you talk to provides references and proof that they are insured
• Check references and ask for evidence of how long the contractor has been in business
• If a local chapter is available, call the Better Business Bureau and check for complaints
• Ignore any tactics intended to pressure you into making an immediate financial commitment.

Keep in touch with one of our insurance professionals during such trying times. They're already committed to providing genuine help.