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?
Auto insurers and their defense attorneys frequently face protecting themselves from inflated or fraudulent claims that seek to exceed the limitations of policy coverage under New York’s insurance laws. This post will discuss coverage limits, which plaintiffs often overlook when filing a claim or seeking excessive damages through a lawsuit.
Monetary threshold
Typically, no-fault will pay up to $50,000 for medical expenses or lost wages. These expenses can include bills for hospital expenses, prescriptions, x-rays and other tests, as well as physical therapy. A possible other expense includes payment for the driver’s loss in wages.
Time threshold
There are three instances of limitations that are time specific when looking at no-fault coverage.
Insuring a driver involved in a car accident can be costly for insurance companies, especially with the no-fault law in place. However, there are limits to the 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.
The law is one of a kind
New York is the only state in the United States to have a scaffold law with absolute liability. This means that an employer is responsible for 100 percent of the liability. An injured worker cannot be held even partially responsible for their injury, even if they were the cause.
For example, an employer is responsible for an employee's injury if:
There are some exceptions
This law hinges on the idea that a worker was injured while on a piece of elevation equipment (ex. a scaffold, ladder rope or hoist). If the injury did not result from a fall or equipment falling, the law does not apply.
Furthermore, if a construction worker was injured outside the scope of their work, for example if they were injured after falling down the stairs at home, the Scaffold Law is not applied.
This law causes much controversy in the state of New York, especially for those in relevant fields. Knowing the situations when the law is applied and when it is not is crucial for all.
]]>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?
Compliance with FMSCA standards
The ELDs that truckers soon must use are different from the older AOBRDs systems in many ways. The most important difference is the way in which ELDs transmit their data. ELDs should use either a combination of the internet and email or a combination of Bluetooth and a USB/flash drive. A device that does not use these methods would not be in compliance.
Another new rule is that ELDs must be able to print out a graph of driver activity in case the internet or Bluetooth is down. Also, drivers should have a limited ability to manually enter activity into ELDs. Automated entries are the standard for ELDs.
There are several other technical specifications for the ELDs that you can find on the FMSCA website.
Penalties for noncompliance
In the early days of the ELD mandate, drivers found to be non-compliant would receive citations and fines. But since April 2018, the punishments have started to be harsher. Truckers and trucking companies found to be without ELD or AOBRD systems run the risk of getting “no record of duty status.” That status can get truckers an “out-of-service order,” which prohibits them to drive commercially. That would lead to lost profits and a stain on the trucking company’s record.
If a company violates the ELD mandate consistently, the federal government may investigate.
Benefits of compliance for insurance companies
When drivers use the required ELDs, they are less able to input inaccurate driving data. ELDs hold drivers accountable for the hours they drive, so drivers are less likely to spend too much time behind the wheel. For insurance companies, this means less accidents and driver errors. The FMSCA sets restrictions on driving time in order to prevent the incidents that turn into claims for your company. ELDs make your job easier because they force drivers to comply with those restrictions.
Make sure the truckers and trucking companies you insure have installed ELDs by December 17 so you can prevent some of those claims and do your part to comply with the law.
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