Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched

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1 Garden State CLE 21 Winthrp Rad Lawrenceville, New Jersey (609) fax Vide Curse Evaluatin Frm Attrney Name Atty ID number fr Pennsylvania: Name f Curse Yu Just Watched Please Circle the Apprpriate Answer Instructrs: Pr Satisfactry Gd Excellent Materials: Pr Satisfactry Gd Excellent CLE Rating: Pr Satisfactry Gd Excellent Required: When yu hear the bell sund, write dwn the secret wrd that appears n yur screen n this frm. Wrd #1 was: Wrd #2 was: Wrd #3 was: Wrd #4 was: What did yu like mst abut the seminar? What criticisms, if any, d yu have? I Certify that I watched, in its entirety, the abve-listed CLE Curse Signature Date Garden State CLE, 21 Winthrp Rd., Lawrenceville, NJ fax

2 GARDEN STATE CLE LESSON PLAN A 1.0 credit curse FREE DOWNLOAD LESSON PLAN AND EVALUATION UNINSURED AND UNDER-INSURED MOTORISTS With Rbert W. Rubinstein, Esq. Certified Civil Trial Attrney And featuring Rbert Ramsey, Senir Instructr Prgram descriptin I had a bad CRASH and the ther driver has NO INSURANCE Even wrse, I gt badly hurt and the ther guy nly has a 15 plicy the dirty scum Well, this 1 credit CLE will teach yu all abut these situatins and hw t prtect yur client s insurance rights

3 Garden State CLE 2 I. Intrductin Rbert W. Rubinstein, Certified Civil Trial Attrney Persnal injury business is harder than ever insurance cmpanies are willing t take risk f jury verdicts as ppsed t settling II. Uninsured Mtrist Cverage Uninsured mtrist cverage must be ffered t all NJ insureds and must be equal cverage as liability limits Fr UIM yu can have lwer UIM limits Standard plicy - $15K Get uninsured as part f the plicy - mandatry Fr under insured yu have ptins f amunts f cverage Uninsured mtrist prtects yu if yu are in an accident with smene wh is uninsured r with a phantm vehicle (ne that left the scene) If yu have $15K/$15K plicy what happens when: Accident with uninsured mtrist rear end cllisin: Yu are entitled t uninsured mtrist cverage Cntractual claim against insurance cmpany Yu wuld have t g after yur wn insurance cmpany t get the mney they stand in the shes f the uninsured mtrist Cntact yur wn insurance cmpany Give prf that ther driver is uninsured Yur insurance cmpany will set up uninsured mtrist claim as if regular claim Yu are pursuing yur wn insurance cmpany When wuld yu have t sue yur wn insurance cmpany fr uninsured mtrist cverage? Yu are stpped at red light and smene hits yu frm behind Other vehicle is nt registered r insured Yu are injured and prperty damage Nw yu have an uninsured mtrist claim against insurance cmpany MOST IMPORTANT thing t cnsider is that they have the right f subrgatin by standing in yur shes t then turn arund and sue the at fault driver statute f limitatins changes 2 years fr persnal injury v. 6 years fr uninsured mtrist Attrney must keep the statute f limitatin in mind relative t subrgatin rights f insurance cmpany, i.e. shuld client sue uninsured driver in rder t retain insurance cmpany s

4 Garden State CLE 3 subrgatin rights in the future? Whether receive release frm insurance cmpany r nt? What if yu are driving and skid n ice and hit anther vehicle? Hw wuld this effect the issue f uninsured mtrist? N effect n UM claim n UM claim if yu are the driver The at-fault driver has t be the uninsured driver. Must shw negligence f uninsured persn UM insurance is cntractual if yu are driving yur car and a tractr trailer hits frm behind and yu have a verbal threshld there is n threshld b/c cmmercial vehicle if there is insurance but if the tractr trailer des nt have insurance then yu are subject t uninsured mtrist claim/threshld Yu are sitting at the light and car crashes int yu and takes ff n license plate what happens? Need plice reprt (mst insurance cmpanies require) Phantm vehicle/uninsured mtrist claim When insurance cmpanies are difficult, file a claim f Mr. Smith v. Jhn De Red Sprt Utility Vehicle t prtect statute f limitatins Yu are driving and yu are abut t get ut f the car and smene shts yu. N UM cverage, but yu wuld get PIP cverage because during use f mtr vehicle Need sme attributable use f mtr vehicle n the ther side Yu are walking dwn the street and a vehicle cmes by and hits yu and leaves. Yu wuld be cvered by UM cverage because it invlves the use f a car If yu wn a mtr vehicle and yur vehicle is prperly insured UM cverage is because phantm vehicle Yu dn t wn a car, yu walk acrss the street and a vehicle hits yu Yu have a claim against PLIGA Prperty Liability Insurance Guaranty Assciatin becmes yur carrier if yu qualify can get PIP cverage ($250K) and UM claims - $15K PLIGA gets mney frm the tax payers Yu wn a car but insurance is expired, yu get hit by a car walking acrss the street Yu dn t have an UM claim pursuant t N.J.S.A. 39:6A-4.5 (lss f right t sue fr failure t insure, fr DWI fr intentinal acts) PLIGA prbably nt available $15K plicy = $15K uninsured mtrist; $100K plicy = $100K uninsured mtrist

5 Garden State CLE 4 Recmmend reasnable plicy f cmbined single limit plicy fr liability f $250K/$500K, n verbal, and have umbrella plicy f $1M that prvides fr cverage umbrella plicy prtects assets and future incme f the name f insured in additin t the primary plicies prvides cverage ver and abve what yur cverages are insurance cmpany usually requires that all insurance is with same cmpany excess cverage what yu already have III. IV. Under Insured Mtrist Cverage Take plicy f insurance n yur car and put that side by side with ther driver s plicy difference between the tw plicies Yu can be uninsured and under insured at the same time different vehicles If the persn is uninsured, then g t uninsured cverage; if under insured, then yu g t under insurance cverage Underinsured the insurance cmpanies d allw yu t purchase less than liability levels because lwer premium If yu have a $100K plicy, then yu shuld have the same UIM can t buy abve liability limits Ideally uninsured cverage equal t liability cverage and same fr UIM cverage Situatins where in fights with insurance cmpany t get UIM Mstly related t damages whether they are as high as saying they are Wrker s cmp wuld reduce yur take f the UM r UIM claim PIP cverage Part f NJ aut insurance laws N right f subrgatin V. Hw t apprach the insurance cmpanies Get plice reprt and find ut wh insurance carriers are May find ut that there was n insurance need t put yur carrier n ntice if there is a pssible UM issue Ask fr UM claim t be set up with insurance cmpany if that is the issue Nw the prcess is just as if yu were suing ther driver but it is yur wn insurance cmpany Used t be that there was mandatry arbitratin fr all cases but nw just file suit De nv hearing after arbitratin defendant sends a letter t yu and says that the arbitratin award is rejected and then ges t trial specific language is required check statute and caselaw fr prper language Bardis v. First Trentn, 397 NJS 138 (App Div 2007) lie t jury that we dn t knw wh defendant is when yu are suing yur wn insurance

6 Garden State CLE 5 VI. VII. cmpany, create a legal fallacy fr the jury by lying t jury abut wh the defendant is, want t avid deep pckets issue Why are UM claims denied? Phantm vehicle issue is was the phantm vehicle really negligent r whether the insured was negligent Whether verbal threshld has been met Underinsured claim differs Put ther carrier n ntice Either filing suit r reslutin with trt feasr N release because underinsured claim by insurance cmpany Lngwrth case Lngwrth letter at time want t reslve case with trtfeasr used t put the defendant n ntice that yur claim exceeds the plicy limits f the defendant, and yu will hld the insurance cmpany liable fr any verdict in excess f the plicy letter ges t yur UIM carrier Lngwrth v. Ohi Casualty, 223 N.J. Super. 174 (App. Div. 1988) Yu want t get t yur UIM claim Get ffer in writing and cpy f declaratins page need t give t yur UIM carrier Give 30 days fr carrier t get back t yu pursuant t Lngwrth decisin general release r pay plicy UIM carrier has the right t pursue the ther driver ver and abve the plicy Insurance cmpany des asset search Ask fr affidavits frm trtfeasr regarding ther cverages, persnal assets, etc. Attrneys may reslve case just t get t UIM claim Shrt ffer is because adjuster wants t lk gd t his/her bss Must evaluate decisin n whether t take ffer r g t trial still limited t plicy limits n claim After Lngwrth letter and yu have settled case with trtfeasr Can then sue UIM carrier 2 years t prtect carrier s rights fr persnal injury claims but rights are 6 years Better cnduct t file against trtfeasr instead f waiting fr insurance cmpany t release yu frm that filing prtect statute f limitatins Cnflict f same insurance cmpany n bth sides f a case Separate adjuster fr each part f case trtfeasr and UM/UIM Captive insurance cmpanies In huse insurance cmpanies Cmpany paying smene t sue themselves issue f whse allegiance is the attrney with wh is the client

7 Garden State CLE 6 Huse cunsel has n incentive t insure case salaried emplyees f the cmpany VIII. What if yu want t be a PI attrney? advice Read the mst recent cases (Lngwrth, etc) Read the plicies and understand requirements fr Read statutes Knw the caselaw When dealing with adjuster: N custmer service r custmer lyalty Be aggressive Actual value f case and prcess is the same as any ther aut case (UM/UIM) Knw caselaw in rder t prtect yur claim In NJ the insurance cmpany des nt have t tell yu liability insurance plicy limits are dn t knw what ther driver s insurance is can t put UIM carrier n ntice unless yu knw Tell adjuster that the injuries are bad and need t knw liability limits yu can glean frm cnversatin whether there is an issue f UIM Cntractual claims limited by what yu cntracted t IX. Miscellaneus Rva Farms letter? Bad faith? Taddei v. State Farm Indem C, 401 N.J. Super. 449 (App Div. 2008) bad faith claim against insurance cmpany

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