A power of attorney is someone who can make important financial decisions on your behalf if you are incapacitated or unable to do so. Many people think about a power of attorney as they approach old age or begin to suffer from ill health.
Accurate recordkeeping is essential to the success of any type of business. Unless you are educated in accounting and have previous recordkeeping experience, you will probably find keeping track of your business’ finances a real challenge. The task is so overwhelming for many people, their businesses actually fail as a result of poor accounting practices.
Declarations forms are an important tool businesses, individuals and organizations use in a variety of ways. They are often used as part of the completion of transactions, such as in real estate sales. Declarations are also used as verification of important statements in business dealings by individuals, corporations and in courts.
Nearly everyone is aware that copyrights exist, but many people fail to take advantage of the protection copyrights can afford when they should. Copyrights are valuable tools in that they allow individuals to protect intellectual property.
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At some time or another, your business will encounter a client or customer who fails to make a payment you are due. People may fail to make payments due to simple forgetfulness, a change in employment, severe financial distress, or a thousand other reasons.
At that inevitable moment when a payment is missed for the first time, businesses must be prepared to engage in collections activities that are effective and that comply with the law.
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Are you considering filing for consumer bankruptcy? If you do some research, you will run into one of the biggest ironies concerning personal bankruptcies today: they’re expensive. While in the past it cost just a few hundred dollars in attorney’s fees to file for bankruptcy, today it can cost $1,500 or even more.
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Regardless of what type of property or item you are about to sell or buy, you should insist that a Bill of Sale is used to finalize the transaction. A Bill of Sale Form that is compliant with your state’s laws is the only way both parties in a transaction can feel 100% secure about the terms of the transfer of ownership.
Most likely you’re not looking forward to your cameo in small claims court, and who could blame you? Long lines, little experience, bad blood, and shot nerves don’t exactly make for a leisurely trip to the courthouse. The following are some suggestions to help strengthen your case, and hopefully temper your frustrations:
1. Be on time, or be sorry. “On time” does not mean less than 10 minutes late, or five minutes late, actually, it means be early.
2. Be organized. It may sound like a no-brainer, but many a smart first-time small claims court comer has found himself tongue-tied and twisted when it was his turn to address the court. Organize the following two main areas carefully:
5. Practice makes perfect. As many a writer knows, we all sound like geniuses when we’re sitting alone in the dark in front of our computer. Once you believe you’ve prepared a satisfactory argument, practice it repeatedly, and make sure to bounce it off of a friend. An objective person will be able to spot holes in your argument, and help you hone it in. Once they do, it’s important to be honest with yourself about your argument’s weaknesses. A willingness to deal with them will make your argument stronger.Also, because you don’t know how much time the judge will allot to your case, be sure to have your talking points memorized so that you can speak briefly, if necessary.
6. Witness 101. Whenever possible, it is preferable to bring a live witness. (Bringing in dead witnesses seldom goes over well.) If you cannot bring a witness with you, be sure to bring a signed statement.
7. Listen to your adversary’s argument. Though it may be painful, listening to your opponent’s argument will allow you to spot holes in what he/she’s saying, thus allowing you to use their own force against them like a trained Judo Master. You also need to make sure to listen to their allegations so that you can provide an explanation when it is your time to speak. Which brings us to #8.
8. Wait your turn to speak. You’ve seen Judge Judy– there’s no quicker way to get on a judge’s bad side then to constantly be interrupting. Despite your fears, YOU WILL BE GIVEN AN OPPORTUNITY TO RESPOND, so do yourself a favor and wait patiently.
9. Think before you speak. Once it’s out of your mouth, it’s in the court record. Don’t make the mistake of getting caught up in the drama of your opponent’s allegations and saying something you don’t mean. Instead, take a deep breath and then proceed with caution.
10. Be more reasonable than the next guy. Conceding a point may lose you the battle, but ultimately help win you the war. Judges listen to people who are sure that they’re right all day. Being reasonable will help you stand out and perhaps help win the judge’s favor, and ultimately, your case.
So are you ready to collect your propers? Get what’s due you? While we can’t assure that following the preceding ten steps will win your case, they will help you to conduct yourself in a way you can be proud of. So prepare yourself, and good luck!
Here are the important highlights of the Pennsylvania automobile insurance law, more formally called, the Pennsylvania Motor Vehicle Financial Responsibility Law:
1) When purchasing a new policy after 1990, your insurance company must notify you, in writing, of two very important coverage options which you are to consider. The options are regarding “limited tort” and “full tort” coverage. Those options are defined as follows:
LIMITED TORT RIGHTS
a) The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other careless drivers. Under this insurance, you and other household members covered under the policy may seek recovery for all unpaid medical and out-of-pocket expenses, but not for pain and suffering or other non-monetary damages, unless the injuries suffered fall within the definition of “serious injury.” At present, the courts across the Commonwealth of Pennsylvania are attempting to determine what constitutes a “serious injury,” however, no firm definition has yet been established. If you are injured in an accident you may think you have a serious injury, however, the other insurance company or court may disagree. Therefore, we recommend that you do not choose the limited tort option. If you are injured and cannot make a claim for pain and suffering your loss will far exceed the premium savings from choosing limited tort.
FULL TORT RIGHTS
b) The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain full and complete rights for you and members of your household to seek financial compensation for injuries caused by other careless drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all unpaid medical out-of-pocket expenses, and may also seek financial compensation for suffering or other non-monetary damages as a result of drivers.
2) If you do not sign the form which you will be sent, you will have chosen the full tort coverage as described in (b).
3) The tort option you select will be effective for all future renewal policies, replacement policies, and any other private passenger motor vehicle policies under which you are insured as an individual. The only way you can change to the other is to obtain a form from your insurance carrier.
4) We strongly recommend that you choose full tort rights.
5) Even if you have chosen a limited tort policy, you shall be treated as though you have the full tort rights whenever the person at fault:
a) is convicted of, or accepts accelerated rehabilitative disposition for, driving under the influence of alcohol or a controlled substance in that accident;
b) is operating a motor vehicle registered in another state.
c) intends to injure himself or another person.
d) has not maintained insurance.
MEDICAL AND WAGE LOSS
6) All policies, whether full or limited tort, provide a medical benefit in the amount of $5,000.00. There will be no coverage for wage loss, unless you select and pay for this coverage.
The minimum wage loss coverage you may purchase is $5,000.00. This wage is payable in increments of $1,000 per month and will reimburse you for 80% of actual loss of gross income.
It should be noted that you can purchase more medical or wage loss coverage.
It should be noted that medical benefits provided under your automobile insurance policy are primary to any other type of health coverage such as group contracts. Also, your own automobile insurance policy pays medical bills for your injuries, regardless of the fault of the other driver.
Finally, medical bills are paid at 110% of the prevailing Medicare rate and you cannot be billed for the difference.
7) If you are the victim of an auto accident and have received Worker’s Compensation benefits, those monies are to be reimbursed from any money you may later recover from a negligent driver. Therefore, you can receive monetary benefits from Worker’s Compensation, and then also recover equivalent amounts from the negligent driver.
However, any amount recovered from a wrongdoer must be reimbursed to the Worker’s Compensation carrier.
UNINSURED AND UNDERINSURED
8) On July 1, 1990, uninsured motorist coverage and underinsured motorist coverage is no longer mandatory, but there must be a mandatory offer of such coverages. Unfortunately, purchase of uninsured motorist and underinsured motorist coverage is optional. This means that if you are injured by a negligent driver who does not have insurance, or does not have enough insurance to pay for all of your injuries, you will have no further source of money unless you purchase the all-important uninsured motorist or underinsured motorist coverages. You must specifically reject uninsured or underinsured motorists’ protection by signing a specific waiver form. THIS IS VERY IMPORTANT COVERAGE, AND IN NO EVENT SHOULD YOU SIGN THE WAIVER OR REJECTION FORM. WE RECOMMEND THAT YOU DO NOT GIVE UP THESE COVERAGES. If you have chosen the limited tort coverage option, you are likewise limited in your recovery for uninsured or underinsured motorist benefits.
9) If you select uninsured or underinsured motorist coverages, these coverages cannot be in an amount greater than your bodily injury coverage which protects you in the event that you yourself are negligent. However, you can decide to obtain less uninsured or underinsured motorist coverage than your bodily injury protection. For this you will have to select lower coverage in writing. DO NOT REDUCE THESE COVERAGES.
10) If you receive uninsured or underinsured motorists’ protection, you are entitled to multiply that protection by the number of vehicles you have insured in your household. This is called “stacking”. This is very important, since it obviously would multiply the coverage available to you or your family if there were to be a serious accident. However, you can “waive” or give up this so-called “stacking” and only receive coverage on one vehicle. WE URGE YOU NOT TO DO THIS. DO NOT WAIVE STACKING.
11) Insurance companies must provide discounts for restraint systems, anti-theft devices and driver improvement courses.
12) There are certain limits on when an insurance company can cancel your coverage. You must have two chargeable accidents where your company pays out more than $650.00 in damages. This figure will be adjusted every three years. It is now approximately $950.00.
13) For the first time, interest equal to the prime rate plus 3%, punitive damages, court costs and attorney fees may be awarded against an insurance company which acts in bad faith toward its insureds.
YOU WILL BE RECEIVING INSURANCE POLICIES, WITH MANY COMPLEX WAIVER FORMS, INCLUDING COVERAGE OPTION SELECTION FORMS, AND NOTIFICATION OF DISCOUNTS.
WHILE IT MAY SEEM ATTRACTIVE TO SELECT AN OPTION WHICH GIVES YOU A CHEAPER PREMIUM, OR TO GIVE UP CERTAIN COVERAGES OR BENEFITS IN ORDER TO SAVE SOME MONEY, YOU WILL BE SHOCKED TO LEARN HOW LITTLE INSURANCE COVERAGE YOU WILL ACTUALLY RECEIVE IN THE EVENT OF AN ACCIDENT SHOULD YOU GIVE UP IMPORTANT COVERAGES.
WE URGE EVERYONE TO SELECT THE FULL TORT OPTION, SINCE SELECTION OF THE LIMITED TORT OPTION AFFECTS NOT ONLY YOU, BUT ALSO OTHER PEOPLE IN YOUR HOUSEHOLD WHO MAY BE DEFINED AS INSUREDS OR NAMED INSUREDS.
ALSO, YOU SHOULD BE VERY CAREFUL NOT TO CHOOSE ANY OF THE WAIVERS WHICH MAY BE AVAILABLE, SUCH AS ELIMINATION OF UN- OR UNDER-INSURANCE, STACKING AND THE LIKE.
If you have any questions when you receive your policies, please feel free to call us. We will consult with you, free of charge, to answer your questions.
REMEMBER, DO NOT BE PENNY-WISE AND POUND-FOOLISH, FOR THE DECISION YOU MAKE NOW WILL BIND YOURSELF, YOUR LOVED ONES, AND PERHAPS OTHERS AS WELL, NOT ONLY FOR THIS POLICY BUT ALSO FOR RENEWAL POLICIES.
Leanord A. Sloane is a partner at Eckell, Sparks, Levy, Auerbach, Monte, Rainer & Sloane, and can be reached at (610) 565-3700, or (610) 431-4650.
UNINTENTIONAL DEATHS: The leading cause of “Unintentional Deaths“ (which were caused by motor vehicle in the United States in the year 2004) will be over 50,000. As the clock ticked away the death caused by such a crash took place almost every 13 minutes!
Recently published statistics prove that there was a disabling injury every 14 seconds and 5.4 million persons were injured in over 19 million crashes!
Motor vehicle crashes were the leading reason for deaths to those from the age of 1 to 33. The groups most affected by motor vehicle crashes were 15 through 24 and then, later on down that age-pike, from 75 and up.
THE “CRASH-DEMON” ALCOHOL: In 2004 crashes, in which alcohol was the cause, resulted in over 17,000 fatalities, over 500,000 nonfatal injuries and total damages of nearly 54 billion dollars in economic loss. (Statistics reveal that 1 our of every 10 Americans will be involved in an alcohol-related traffic accident at some time in their lives).
“PROPERTY-DAMAGE-ONLY” CRASHES: These costs came to a whopping 61 billion dollars!
DAMAGES CAUSED BY THE OTHER “CRASH-DEMON” SPEED: Recent statistics show that exceeding the legal speed limit (and/or driving too fast for existing conditions) cost over 43 billion dollars.
In 2004 speed related crashes will be associated with over 13,000 fatalities and over 700,000 nonfatal injuries.
THREE 2003 MOTOR VEHICLE ACCIDENT “PREDICTIONS” ~ MADE BY AUTO ACCIDENT EXPERTS ~
WHICH WERE TO TAKE PLACE IN 2004
“PREDICTION” #1. “About 284,000 distracted drivers will be in serious crashes in 2003.Almost 30% will be distracted by something outside the vehicle, like for example, adjusting the radio/cassette or CD or another passenger in the vehicle“.
THE RESULTS: They were a bit short because over 300,000 of the so-called “Distracted Driver” serious crashes will have occurred in 2004!
“PREDICTION” #2. “A death will occur in a motor-vehicle crash every 12 minutes and a serious injury every 14 seconds“.
THE RESULTS : This one was just about “Right-On-The-Money”!
“PREDICTION” #3. “More than 4.9 million people will be rushed to and treated in hospital emergency departments because of a motor vehicle accident”.
THE RESULTS: This prediction will be a bit short because there were over 5 million people treated in hospital emergency departments because of a motor vehicle accident!
SO, YOU ASK: “What‘s the bottom line to all of the above?”
THE ANSWER TO THAT IS VERY SIMPLE: “Beer, whiskey, wine, gin, gasoline and speed create a deadly mixture that cause an Incredible Loss of multi-billions of dollars, far too many deaths and a terrible destruction to all Americans”.
I spent over 3 1/2 decades of my life investigating, and being involved in, all types of motor vehicle accidents - - automobile, truck, motorcycle, you name it! If it had wheels, was driven by a motor and had an accident, that’s what I did. First as an Insurance Adjuster, promoted to Supervisor and then Claims Manager. After that I spent the last 5 years as a Trial Assistant.
I worked my way through college at a Private Investigation Agency where I was assigned to work on motor vehicle accident claims. Then I was drafted into the U.S. Navy where I investigated serious military motor vehicle accidents in the Mid-West. After several years of that, I was discharged and went to work within the insurance claims industry.
For so many years I was involved in motor vehicle accidents and I know, absolutely and positively: Nothing has changed. Booze and speed was, and continues to be, the Number #1 and #2 “Combined Reasons” for motor vehicle accidents and the incredible financial, physical and mental toll they take on all of us!
To get this point across, even if we’ve got to be “A pain in the neck” - - harping away at our children, our family and our fiends over and over again, “The mixture of booze the speed has got to stop“!
We must set and be good examples. We’ve got to slow down ourselves and we positively must not drink and drive!
If we don’t than these awful statistics will continue to rise (as they have now, ever-constantly, for over the past 60 years) straight up, into the stratosphere!
DISCLAIMER: The only purpose of this article SEVERAL CRUCIAL 2004 “CRASH FACTS” is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Aaron Putnam nor LawGuru.Com purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Whenever such help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain such services.
All of the information necessary for you to deal with and handle the above issues are spelled out within the contents of Dan Baldygas third “How To” Insurance Claim Book: AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) found at http://www.autoaccidentclaims.com. This book also contains BASE (The Baldyga Auto Accident Settlement Formula). THE BASE FORMULA will tell you exactly how many dollars the “Pain and Suffering” you endured are worth!
Copyright (c) 2005 By Daniel G. Baldyga. All Rights Reserved
Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
http://www.autoaccidentclaims.com
Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation. From 1951 thru 1955 he worked his way through college employed by a Springfield, Massachusetts detective agency, where his assignments included insurance fraud, missing persons, financial and background investigations and undercover operations. He specialized in representing major New England insurance companies, for whom he collected evidence in the inquiry of automobile accidents.
Upon graduation from American International College in 1955, where he had a scholarship and played varsity football quarterback for 4 years, Baldyga was drafted into the United States Navy where he was assigned to a “Special Unit” in Criminal Investigations. His primary duty was to travel throughout the Midwest, determining negligence and bringing to a conclusion those accident cases involving government motor vehicles. After a year he was transferred to the Orient where he worked on serious and highly complicated criminal cases.
In 1958 after serving in the Navy, he entered the world of insurance claims, where he began as an Adjuster, was promoted to Supervisor, and then to Claims Manager for 35 years. He then spent another five years of his career assisting company attorneys at court trials.
In 1968, Baldyga wrote the ground-breaking HOW TO SETTLE YOUR OWN INSURANCE CLAIM, published by Macmillan. This revolutionary concept created a heated debate within both the insurance and legal industries — because it revealed, the deep secrets surrounding the settlement of motor vehicle accident claims. This had never been done before!
Baldyga appeared on over 100 regional and national television and radio talk shows throughout the United States including the Mike Douglas Show where he made the observation, “Insurance is an ultra-conservative industry that breeds unimaginative, narrow minded men”. It took a wealth of twisting and turning to dodge the bullets fired at him from both the insurance industry and his Home Office. His innovative book sold over 200,000 copies.
His later publications also include the 1983 novel A SAILOR REMEMBERS and his second “How To” insurance claim book, SECRETS NEVER TOLD was released in 1998. Over the past decade his insurance claim articles have been published in dozens of national magazines, newsletters and e-zines reaching millions of readers.
Upon his retirement, Baldyga decided that it was time to publish the definitive guide concerning motor vehicle accident personal injury claims.
After examining mountains of statistics and confidential reports, he has created BASE (The Baldyga Auto Accident Settlement Evaluation Formula). Experts have called this personal injury evaluation method “Amazing” and “Revolutionary.” THE BASE FORMULA is ingenious, yet matter-of-fact, simple, yet accurate, and eliminates the mystery of how to place a monetary value on “Pain and Suffering” !
His new book, which goes into specific detail regarding The BASE Formula, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at either of his 2 his web sites: http://www.caraccidentclaims.com OR http://www.autoaccidentclaims.com
Once again Dan Baldyga has broken new ground in the normally dormant, unchanging landscape of motor vehicle accident insurance claims!