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As a valued client of Gulfshore Insurance, we want your claims experience to be the best it can be. To help answer some of your questions, we have compiled a list of frequently asked questions. As always, we are standing by to serve you by phone, fax, email, or in person. If you have any unanswered questions during the settlement process, please contact us. Select a topic to get started.
You should contact the other driver’s insurance company. If they accept full liability for the accident and the driver has sufficient property damage coverage to pay for the damage to your vehicle, you will be paid for your loss. If the other carrier does not accept liability for the accident or is unresponsive to your attempts to have them accept liability, you may have to take civil action against the vehicle owner to recover payment for damage to your vehicle.
There are several factors to consider when you evaluate the cost-benefit of this option. The easy answer is, yes; purchase it for peace of mind. Would you have other coverage for damage to the rental car if you don’t purchase it? In many cases you might have coverage from the credit card company who issued the card used to pay for the rental. Your automobile insurance policy may provide coverage for borrowed or rented vehicles. If you have comprehensive and collision on at least one of your insured vehicles, you would most likely have the same coverage for the rental vehicle. The problem occurs when the rental agreement obligates you for things that may not be covered on your insurance policy, such as, “total replacement value” of the rental car instead of its “actual cash value”. The rental contract may require immediate reimbursement for the damage, which would cause a large debit to your credit card. This is subject to your insurance policy deductible.
Many standard auto policies include some rental reimbursement coverage, i.e. $20 per day, up to $600. Coverage begins 24 hours after your vehicle is out of service due to a covered loss. If the cost exceeds the amount on your policy, you would be responsible for the difference. If the atfault driver’s insurance company is paying for your repair, they should agree to provide you a rental car. In the event your vehicle is stolen, transportation coverage would take affect 48 hours after the loss.
Most insurance companies will allow you to have your car repaired at a shop of your choice. Your insurance company will prepare an estimate to determine the cost to repair your vehicle. If the dealership or body shop you choose does not agree with the company estimate, you may be responsible for the difference between the amount paid by the insurance company and the amount charged by your repair facility. Please request your body shop or dealership prepare a written estimate prior to any repairs being made. Promptly forward the written estimate to the adjuster for review. If the estimate is approved and you wish to have the vehicle repaired at the body shop or dealership of your choice, notify the insurance company adjuster immediately to avoid accruing additional storage fees from the shop where your vehicle was towed. Oftentimes insurance companies will pay for “reasonable” towing and storage.
There are separate deductibles for collision and comprehensive losses. Collision is damage to your vehicle as a result of hitting or being hit by another object or vehicle (except contact with animals or “missiles and falling” objects). If you submit a collision claim to repair damage to your vehicle, even if it was caused by another party, your collision deductible will apply. Comprehensive is for all other damage such as wind, hail, fire, vandalism, or theft. If your vehicle is insured in Florida and you carry comprehensive coverage, damage to a windshield is repaired or replaced with no deductible applied.
If the liable party has sufficient property damage liability coverage, payment for your vehicle will be afforded from their carrier. If this is the case, you would not be responsible for your deductible. If you had your vehicle repaired and paid for by your insurance company and the other insurance company is denying liability, you will have to pay your deductible. Your insurance company will subrogate from the other carrier in an attempt to recover full payment of the claim and your deductible. Each time a claim is reported to an insurance company, it will show on your claim history, even if no payment was made under your policy. Although you are not at-fault for the accident, insurance companies evaluate all claim activity. If there is a claim pattern which is unacceptable to their underwriting standards or guidelines, your rates and eligibility for new or renewal coverage may be affected.
The amount to replace a vehicle is based upon its Actual Cash Value (ACV) at the time of loss. This is the price you would expect to pay for a vehicle in similar condition and mileage at wholesale price. If you finance your car, especially for a longer period of time, the depreciation could be more than the amount of equity you have built up in the finance contract. Some insurance carriers offer “total replacement cost” and some auto finance contracts provide a “gap” coverage option. In absence of either of these options, you would have to pay your lender the difference.
For all work related injuries regardless if they are a result of a motor vehicle accident, (even if the employee is driving their own car for work) workers’ compensation benefits are primary and exclusive. The employee cannot sue the employer for any other benefits or compensation. Both medical expenses and lost wages would be covered under workers’ compensation on a primary basis. Personal Injury Protection under the auto policy would not apply.
If the employee was not at fault, they may at their option take a third part action (file suit) against the at-fault other driver as long as it is not an employee of the your company. Your workers’ compensation carrier would have a lien or subrogation right to any money awarded to the employee by that third party, but usually this amounts to less than 25 % due to allocating legal expenses, and other negotiated terms of the settlements.
The amount to replace a vehicle is based upon its Actual Cash Value (ACV) at the time of loss. This is the price that you could expect to pay for a vehicle in similar condition and mileage at wholesale price. If you finance your car, especially for a longer period of time, the depreciation could be more than the amount of equity you have built up in the finance contract. Some insurance carriers offer “total replacement cost” and some auto finance contracts provide a “gap” coverage option. In absence of either of these options, you would have to pay your lender the difference.
Your company, as well as its owners and officers, are covered for liability for a claim in this case as well as the damage to your vehicle as long as you maintain comprehensive and or collision coverage. Your employee driver is also covered by your policy if they are named in law suit as a result of that accident regardless of when they are operating the vehicle as long as it is with your permission.
Be certain though, that your employee understands that if they do not own and insure another vehicle in their household on a family auto policy or through a named non-owner policy, they have no coverage when driving any other vehicle whether it is a friend’s or non-household family member’s car. They are only covered while driving the business vehicle and only covered on your policy for that specific vehicle operation. This un-insured situation would also apply to an owner if they did not insure any personal vehicles on a personal auto policy. On your business auto policy, the coverage “follows” the vehicle unlike on a personal policy where the coverage “follows” the driver.
In many cases newly acquired property or equipment is covered for a limited period of time after acquisition automatically. However, this period is rarely more than 90 days. But, since the tractor was within 1000 feet of your building premises, it may be covered under your business personal property. However, the loss may be subject to deduction for depreciation and co-insurance clauses may apply. If it was stolen from a job-site and not on the “floater” then it is likely not covered.
Many small business owners’ package policies (BOP) include coverage for actual loss of business INCOME (profit) and extra expense as a result of a shut-down caused by a covered peril such as fire. The coverage usually does not have a specific limit of coverage but usually only provide coverage for 12 months. Standard commercial property policies require the addition of a Business Interruption coverage form for a specific limit that you purchase. It is essential that you carefully evaluate your potential loss from a major catastrophe and choose your coverage accordingly based upon this calculated amount.
In order for these materials to be covered by your insurance in either example, you must have a separate coverage called an “Installation Floater” If the materials were installed and in some cases are on the jobsite waiting to be installed, they could be covered by the Builder’s Risk policy usually secured by the Owner or General Contractor. Prior to the start of a contract, you should clarify in writing with the general contractor what material or work will be covered by the builder’s risk policy BEFORE you have a claim or start the work.
Coverage for additional living expense incurred or fair rental value lost due to a covered loss is limited to the amount shown on your policy declarations. Normal expenses such as food are not considered additional living expenses. The cost of meals out may be considered if you were staying in a hotel or other temporary housing. These additional living expenses should be at moderately priced accommodations.
There are two coverage parts that may provide coverage under your policy. The important issue is whether there was any negligence on your part which caused the incident to occur. Many times, people will fall and get hurt for no apparent reason other than their own carelessness. In this case, where there is no negligence on your part, medical payments to others, could provide a limited benefit for their medical costs. If it is determined an injury occurred as a result of your negligence, personal liability coverage would apply.
A “temporary residence” is covered as an insured location, which would include a dormitory that was not permanently occupied. An apartment would also be an insured location, as long as it was considered temporary. (If she comes home for the summer, this would imply a temporary residence.) If she lives there year round, this would be a permanent residence and she would need to obtain a tenant insurance policy. There is an extension of coverage that applies to this scenario or when property is put in storage. Coverage is typically limited to 10% of the personal property limit on the policy or $1,000, whichever is greater.
Most homeowner policies have a basic limit of $1,000 to $5,000 for theft of jewelry, watches, furs, silverware, guns, coins, stamps and other valuable articles. The best way to insure these special items is to “schedule” them on your policy for their full appraised value for an additional premium.
A “wind” deductible would apply to any wind damage loss during the year. This would include a hurricane, tornado, or any other damage caused by “wind.” A “hurricane” deductible is more specific and requires that a named storm be the cause of the property damage. Most wind and hurricane deductibles are stated as a percentage, generally 2% or 5%. The percentage applies to the value of the dwelling, not the amount of the damage. For example, if your dwelling is insured for $500,000 and you have a wind or hurricane deductible of 2%, your deductible for any hurricane or wind loss is $10,000.
You should take immediate action to minimize any further damage such as having the water removed from the premises, installing temporary coverings to any openings in the roof or walls. If you or the insurance adjuster have not contacted a restoration contractor, you should do so now. There are several companies that specialize in cleaning up and repairing this type of damage. Fireservice Disaster Kleenup is highly reputable in Southwest Florida.
Unlike other forms of coverage, the workers’ compensation insurance market has stayed resilient in recent years. According to the National Council on Compensation Insurance (NCCI), the segment’s private carrier combined ratio in 2021 was 87, matching 2020’s results and marking the eighth consecutive year of underwriting profit.
Additionally, industry data confirmed workers’ compensation coverage was the only major commercial line of business to generate a negative average rate change in the first quarter of 2022 at -1.23%. Although the COVID-19 pandemic contributed to some fluctuations in the number of workers’ compensation claims and associated costs, insurance experts predict claim frequency will continually decline while claim severity will see moderate changes—thus maintaining the market’s robust reserves. Looking ahead, the segment should remain stable, with most policyholders experiencing rate decreases and others seeing minimal rate increases.
Developments and Trends to Watch
Tips for Insurance Buyers
We know that workplace injuries are costing your business money in a many ways; increased insurance premiums, cost of hiring and replacement, lost efficiency, additional training, increased paperwork and administrative costs, and more.
According to the Bureau of Labor Statistics, professional truck drivers suffer more injuries than any other industry.
Why are these injuries happening?
A recent 10 year study out of Washington state gives us the statistics behind the leading Truck Driver injuries…
Most of these injuries are preventable with the proper training, planning and awareness. Keep your employees safe and your premiums and other injury costs down by taking a proactive approach.
Scenario: Moving containers or equipment (boxes, crates, bins etc.)
Solution: Provide proper lift training and “strategy”. Employees should first evaluate, then lift. Use mechanical aids when necessary.
Falls from Elevation or Same Level
Scenario: Falling while entering/exiting the vehicle and trailer/loading area.
Solution: Use the “3-Point Contact” rule when entering or exiting – no jumping. Provide proper step conditions (step ladder to cab/trailer). Provide training and reminders that employees cannot jump from trailer or cab.
Struck by or Against an Object
Scenario: Struck by container or loose cargo.
Solution: Provide ample equipment to secure/store cargo properly. Replace binders/straps if they are worn. Train employees on proper stacking and loading techniques.
Scenario: 29% of all crashes are Rear-End Collisions. Most of these are due to following too closely.
Solution: Use a “4-second rule” when following another vehicle. Reduce speed increase following distance in poor/wet conditions. Constantly discuss and remind drivers of the importance of keeping proper following distance. Provide trainings and information about proper following techniques.
Investing in safety and training for your employees will pay dividends by keeping insurance premiums and injury related costs down over the long haul.
At Gulfshore Insurance, we specialize in insurance and risk management in the trucking and transportation industry. We work with more than 10,000 clients throughout Florida and we are happy to assist you with training materials, safety programs, and insurance for your business.
Jeffrey Sanders, TRIP is Client Advisor at Gulfshore Insurance. Jeff works with a wide range of business clients to deliver strategic risk analysis, guidance, and insurance. Comments and questions are welcome at email@example.com
Every company that generates a minimum of at least $5,000 of premium for two years or $10,000 in a recent year has an Experience Modification Rate (EMR) calculated and assigned to the company regardless of the insurance carrier. That factor can be less than “1.00” (a credit) or more than “1.00” (a debit). This factor is based upon your loss experience compared to an expected loss experience for similar businesses in the same industry class. By reducing the number of claims and their payment amount, you can reduce the EMR and reduce your premium. Assisting you with managing this factor and your claims is one of the value added services provided directly to your company by Gulfshore Insurance.
Yes. If a medical doctor confirms the need for treatment is at least 51% as a result of the “injury” claimed by the employee, it must be reported and would be covered. An employee need not “prove” their accident took place, but an employer can and would have to “prove” that injury did not occur in order for the claim to be denied on that basis.
If you are in an industry, other than construction, and have four or more employees, full-time or part-time, you are required to carry workers’ compensation coverage (an exempted corporate officer does not count as an employee). If you are in the construction industry, and have one or more employees (including yourself), you are required to carry workers’ compensation coverage (an exempted corporate officer or member of a limited liability company does not count as an employee).
Yes, any claim that is not considered “First Aid” must be reported for two reasons: First, the law says that you could be committing premium fraud if you under report your payroll or LOSS experience to obtain a lower premium. Second, if that minor claim should become more serious, especially unbeknownst to you such as when an employee leaves employment, your claim could be denied by the carrier from future reporting for failure to report it from the beginning.
Most carriers have a toll free 24 hour claim reporting number for phoning in the details of the claim, or they may provide you with a FAX number if you wish to FAX a First Report of Injury form (DWC-1) to them instead. If you need the phone or FAX number call one of our Claims Professionals at 239-261-3646
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