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Buffalo New York Insurance Defense Blog

Are there limitations to New York's No-Fault law?

New York is only one of 12 states, as well as Puerto Rico, in the United States that requires insurance companies to utilize a no-fault policy after an insured driver is involved in an accident. This policy states that motorists involved in accidents will first go to their own insurance for coverage, instead of filing with the other driver’s company.

The law is intended to benefit small claims disputes, expediting compensation to the policy holder. However, how air-tight is the no-fault law? Are there limitations to what a policyholder can file for? 

2 Elements Of New York's Scaffold Law

Employees, employers and insurance agents are likely aware of New York's Labor Law 240, also commonly known as the "Scaffold Law."

The 1885 law was created with the intent of protecting construction workers from any injury caused by a fall or other incident involving elevation. Under Labor Law 240, injured employees can hold their employers liable for compensation no matter the cause of the injury. It is important for employers and their insurance agents to inform themselves about it, because the law is so unique.

Are the truckers you insure ELD compliant?

The days of paper logs and fudging hours of service are long gone. The Federal Motor Carrier Safety Administration’s (FMSCA) placed a mandate on electronic logging devices a few years ago. Since then, truckers and trucking companies have been working to equip their vehicles with electronic logging devices (ELDs).

Currently, the FMSCA requires all commercial trucks to have either automatic onboard recording devices (AOBRDs) or compliant ELD systems. Both of these systems use automation to record a trucker’s driving hours. However, a new deadline is fast approaching. Starting in December this year, all trucks must replace AOBRDs with compliant ELDs. This last deadline is an effort to make sure every truck has the proper logging equipment. As the deadline approaches, the penalties become more severe. Are the truckers you insure in ELD compliance?

Determining who is liable in a construction site accident

Construction site accidents not only happen regularly, they can result in serious injury or even death. While workers’ compensation will likely provide certain benefits, there is often a scramble to determine if another party might be liable for what happened.

This isn’t always easy to figure out, but there are a few possibilities to consider.

3 types of product liability claims

A business may be facing a product liability claim if one of their products has proven defective and has injured an individual. However, there are three types of product liability claims.

Product liability claims evoke many questions on behalf of the injury victim. Common questions people ask include: "What are they and what are the differences between them?", "When is someone facing a product liability claim?", and "Are there viable defense strategies?"

Will 65 mph be the new speed limit for semi-trucks?

Two U.S. senators have proposed a bill that would limit Class 7 and Class 8 truck drivers from going above 65 mph. The speed would be regulated by an electronic speed limiting device installed in semi-trucks.

Although the majority of U.S. semi-trucks already have electronic speed limit monitors in them, they are not federally regulated or required.

Defense strategies to wrongful death claims

If the negligence of one party results in the death of another, the family of the victim may file a wrongful death claim. Typically, their goal is to gain compensation for various expenses such as medical bills or funeral costs as well as pain and suffering.

There are many situations where an individual or corporation may face wrongful death claims, such as medical malpractice, car accidents that resulted in a death, and even product defect cases. While it can seem daunting to mount a defense against a claim like this, there are various methods of doing so with success. What are they?

E-scooters open up new challenges in liability and insurance

In the last two years, electric scooters have taken the country by storm. Users have responded to this easily accessible, environmentally friendly form of transportation in droves. However, as the popularity of e-scooters has grown, so have the rates of injuries.

As New York moves closer to legalizing electric scooters, regulators and insurance providers alike are examining issues of liability. Most scooter companies disclaim all liability in their user agreements, but the personal insurance policies held by users may not cover their injuries. What policies will emerge to close the gap?

Driverless cars back on the road: insurance liability concerns

Many remember the disastrous situation that occurred when one of Uber's driverless cars hit and killed an Arizona pedestrian. This fatal incident led to the company's decision to take their cars off populated roads.

Now, Uber is sending their autonomous cars back on the road, and the New York Times reports that the cars are operating at reduced speeds and in safer settings. While the company is attempting to keep pedestrians, as well as the individuals riding behind the wheel, safe this time around, there could still be issues for insurance companies as well as the defense attorneys who represent them.

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Hagelin Spencer LLC has offices conveniently located in Buffalo, Rochester, Syracuse, and Garden City. While our firm is large enough to have the resources necessary to satisfy even the largest corporate client, our attorneys do not lose sight of the importance of building a strong relationship with everyone we represent.

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