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Month: May 2015

Saving Money with Insurance Devices May Put Drivers in Danger on the Road

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The Griffin logo of Ehline Law Firm PC Los Angeles.

This is a story with real legs. Yesterday in the news, we saw another Google driver-less vehicle apparently go haywire on Dutch T.V. We see tech and service companies increasingly donate money to politicians to get their man-less products on the roads and in the skies. This article has to do with insurers that offer a special break, or incentive.

If you give them some control over your driving, beware of your actions. Plus the power to view your driving habits on the www, or computer. It is really more of an expose of how the government places reelection campaign coffers over people.

The Insurance Company Plugin Device

Lobbying Congress and helping politicians who will give your cause favor. This is a favorite past-time of most companies, both big and small. If you’re lucky and align yourself with the party in power, you can get special treatment. Then get away with a lot.

In fact, we recently saw how the insurance industry helped write Obamacare. In fact, included provisions for people to pay for services they do not want or need. Such as forcing an older adult to pay for birth control pills, or a sterilized male being forced to pay for abortion services, etc. In effect, paying off the right politicians guarantees you the force and legitimacy of government. To the huddled masses graduating colleges and high school, they’re barely literate. But highly trained to love handouts and government, as this is simply a normal and acceptable thing.

The problem is that with a low information voter base, we also have few ways to correct the skulduggery. Created by the failure of the government to stay out of our intimate affairs. Here is another example of an insurer that will probably be able to skirt safety laws and duties to their insured. Simply, because they support the right political party is all that seems to matter. Unfortunately, almost everyone has seen the auto insurance ads for a device driver’s plug into their cars. A device that can help to save money on their insurance policy premiums.

Devices and Safety

Though some reports by driver’s using the device, it may not be safe. There is a growing number of consumers that have made complaints about the program costing them extra money. What the device complained about most by consumers is referred to as Snapshot by Progressive customers. Snapshot by Progressive Insurance customers.

The device comes through the mail to the policyholder. Then the small device is plugged into the diagnostic port beneath the steering wheel of the vehicle. Progressive is then able to monitor the person’s driving habits, which can provide information for them. Like whether the original brakes suddenly or drives late at night that they are insuring. The insurer may give the driver as much as a 30 percent reduction in their insurance premium if the information shows they are a good driver.

Video By Upset Snapshot Customer

DANGER – Boston Area Driver’s Vehicle Suddenly Shuts Off

At least one driver from the Boston area James Manning said that he was a safe driver. But with the addition of the device, he was driving safer. Manning who had interests in the ability to save on his auto insurance on his 2005 PT Cruiser. By installing the Snapshot device, he noticed shortly after installing it random lights on his dashboard began to flicker. So it is evident to me that the technology is interfering with the vehicle. How about you?

Manning stated that while driving his daughter and nephew to school in Great Barrington, his PT Cruiser suddenly shuts off. He then pulled the vehicle to the right in a parking lot. What he said was a scary experience since the vehicle had no power steering or power brakes. After the incident Manning had the car towed, and a mechanic recommended a tune up and new battery.

Progressive Doesn’t Admit Fault

When Manning got the vehicle back within a few days, the car suddenly stalled again, at which time he began to think the problem may be the Snapshot device. Manning removed the Snapshot device and said he hadn’t had any other issues with the car. Manning filed a claim with Progressive and after some time was then reimbursed $600 for his repair costs. He said that the company did not admit the device caused the problems. They declined to provide him with another Snapshot device to see if the first one may have had a defect.

Then he did receive an email from the Progressives customer service agent. Stating that they did not find any evidence to support that the device either contributed to or caused the problems with the car. The email went on to say that the insurer was not at admitting fault. But they paid for the work to the vehicle as a courtesy. Does this remind anyone of Toyota and the sudden-acceleration suits?

Manning says that after what he experienced that he believes the devices need removal from out of other vehicles before anyone else gets put in danger. He said he would hate to see someone hurt or property damage. He said his fear is that someone may die because of the device.

More Consumer Complaints!

Low and behold, turns out this Boston-area man is not the only driver to feel concern about their Snapshot device. Believing it may be dangerous. There can be complaints found on the Internet about the apparatus. Then in 2013, there was a class action lawsuit filed involving a Florida driver. The driver claimed the Progressive Snapshot device drained the vehicle’s battery requiring a replacement.

In this case, the judge determined the case did not meet the requirements for a class certification and according to the lead attorney Progressive settled with the plaintiff. It’s reported that court documents found included a deposition with a Progressive claims specialist testifying. That said, through February of 2014, there were 8,121 Progressive Snapshot customer complaints with claim payouts of $582,009 by the insurance company.

Progressive’s Statement About the Complaints.

Progressive made a statement regarding the claims by reporters that since the launch of the Snapshot device in 2008. That there have been over two and a half million drivers to use the device. The company said most of the vehicles had been 1996 and newer. But the insurer would not provide any information about settlements or complaints about Snapshot.

Progressive spokeswoman Amanda Lupica did say that the claims about vehicles shutting down are exceedingly rare (in other words ADMITTED). She said no vehicles have shut down because of the device. Lupica stated that Progressive continues to test and update the devices to ensure safety. They are confident in the Snapshot device after asked if the insurer had investigated the complaints.

Safety Research Founder.

The founder of Safety Research & Strategies Sean Kane said the complaints concern him. He stated that they need to come under investigation and the devices recalled. He said when a vehicle shuts down without turning the key or the driver expecting the auto to shut off there is a problem. Kane said the diagnostic port was originally designed for mechanics to analyze problems with vehicles. It’s not meant for plugging in the Progressive Snapshot device.

Device Recalls by Insurance Companies

There have been recalls on devices by smaller insurers including the American Family Insurance Company. They issued a recall on their device after complaints of vehicles shutting down. According to the insurer’s spokesman Ken Muth, the program named MySafetyValet stopped after there were complaints in July 2014. Muth said there were about 7,900 customers that returned the devices. But there were no accidents reported because of them.

He said the insurer wanted to suspend the program before there were any accidents involving the shutdown issue. Muth said the company has plans to use a different device and vendor. Other than Progressive to bring the program back to customers later this year.

Repercussions?

Here is what we found out. Progressives founder, as its name suggests, is a big time donor to the Democrat party. Along with both Obama presidential campaigns. We do know that the president’s minions like to use govt agencies to “punish our enemies and … reward our friends,”

So don’t expect too much heat on Progressive until we have a new chief executive and DOJ head. This whole process of donating money to the right party needs to end. Using govt agencies like the IRS to attack political opponents needs to stop. Using agencies to ignore problems and write them off is no better. Expect more problems like this until such time that politicians are subject to the laws that they pass and are no longer allowed to serve more than a few terms.

Citations:

Accidents and Sneezing

Sneezing and accidents
The extremes allergy sufferers must go to avoid sneezing injuries.

To most people, sneezing while walking, laying in bed watching TV, and even while operating a motorized or another vehicle, is not uncommon.  In some instances when a person sneezes, it is not just a tissue paper grabbing situation, but one that results in excruciating pain in their arms. Sometimes the pain is so unbearable, that can feel like a stroke to some people. In most cases, the pain one endures causes loss of function of the appendage.


 

Can Sneezing Arm Pain Cause Loss of Control of a Vehicle?

Seems easy enough to answer this question at first blush, but not really. When one sneezes and suffers arm pain resulting in a temporary period of blocked sensory and control ability, which usually lasts seconds, one wonders if this spontaneous reaction could lead to the loss of the supervision of a vehicle.

Think of it like this; we are looking in mirrors, touching knobs, etc. It would appear that even though sneezing can cause some people to be perhaps not able to steer, etc., the period of one second is not seemingly significant. But in some situations, it certainly could be, especially if it the arm pain lasts any longer than a small second.

Is Sneezing Arm Pain “Normal?”

To determine is sneezing can place certain people at an increased risk of losing control over their moving vehicles, we must first ask, why does this pain happen at all? Is this a typical reaction, and can anything be done to prevent this pain and subsequent loss of control?

The arm pain intensity, location and time it affects the person can vary with some people having pain in the shoulders and lower arm and others having pain and numbness in the elbow. For some people, this pain lasts for the length of the sneeze, while others it dissipates within seconds, but for some individuals, the pain can last for a couple of minutes and go from the location of the arms to the hands and fingers before going away completely.

Some individuals have pain and tingling in either one or both arms, and in some cases, the pain may happen in the chest area. Pain in the arms and chest is often associated with cardiovascular disease. And this is true especially in cases where the pain radiates from the shoulder at the base of the neck and down to the fingers. Pain during or after sneezing does is not associated with cardiovascular disease, but other issues may cause the pain.


 

Sneezing Pain Causes

  • Suppressing Sneezes: Pain in the arms can occur when a person attempts to stop a sneeze, rather than allowing it to happen.
  • Back and Neck Problems: Symptoms of back and neck problems can become more pronounced while sneezing or coughing. But this is due to a weakness in the bones of the neck and back because of the involuntary reflexes that occur during a sneeze. The pressure during a sneeze can cause irritation to the nerves of bulging discs and herniated discs since they reduce the area surrounding the nerves.
  • Upper Body Tension: Upper body tension increases during a sneeze using muscles and when these muscles contract after tensing it can result in strain. The body may react to the stress by producing pain in the shoulders and arms.
  • Herniated Disc: Sneezing for individuals that have a herniated disc may experience shooting pain in the arms. A herniated disc happens when the spinal discs that are the bone exterior filled with a soft gel-like interior and the soft interior can swell out of the hardened surface.
  • Pinched Nerve: Pinched nerves are compressed due to pressure by surrounding tissue and this or a sudden movement of the neck while sneezing can cause pain in the arms.
  • Dislocated Vertebras: Vertebras are small bones in the spine that can become dislocated due to trauma such as a fracture and may cause pain in the arms during or after the individual sneezes.

The act of sneezing causes a temporary pressure on the spine, which for individuals with neck and spinal problems the pain that travels through these nerves can result in pain in the shoulders, arms, hands, fingers and some case the chest.

Thus, post car accident victims who notice shooting pain in the arms after they sneeze, and especially in between the shoulder blades, and may be suffering from a serious back injury. Conversely, people who have these above ailments and don’t know it could be suffering from this shooting pain when they sneeze, and not even know it is due to a more serious condition.

Stopping Pain from Sneezing

In some cases, the pain caused in the arms or shoulder can be stopped by proper medical treatment for the underlying condition, such as a pinched nerve or herniated disc. Getting a diagnosis from a physician is the first step, and the doctor may ask questions about the location of the pain and how long it lasts after sneezing.

The doctor may send the patient for an X-ray of the spinal cord or an MRI to identify the neck or back problem. If the problem is a pinched nerve, the physician may recommend physical therapy. Chiropractic treatments and acupuncture may also be recommended to relieve the condition.

Exercise is recommended for the person with a muscle strain. In the event the issue causing the pain is inflammation of the spinal cord or a back injury ice and heat may be recommended or anti-inflammatory medications may be prescribed for the condition.

The question of whether or not this condition could cause a car accident is plausible. As of yet, we have not located any sources that catalog reports of sneezing and car accidents. Hypothetically speaking, if a person is suffering badly enough from this condition, he or she could be liable in negligence. But that assumes this situation leads to a pileup or crash on the freeways, tollways, or highways in the U.S.

Experts and Injuries, Proving Your Causation, Liability, Damages

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The Griffin logo of Ehline Law Firm Los Angeles.

When you are facing a personal injury case, you’re asked to take help from a lawyer immediately if you were the victim. Your lawyer will do his best to get you the compensation for all the damages as soon as possible. He will take all the needed steps to ensure that the defending party agrees to pay the claimed amount.

In short, it is always the highest priority for the lawyer to settle the case outside the court. In many cases, the lawyer can achieve this target.

However, there are times when the case is either too complicated to prove in short time. Or the defending party is too adamant to the fact that it didn’t commit any negligent act. After all the attempts to settle the case outside the court without any results, the next step is court trial is readied.

Then case finally enters the court. And that’s where the real battle begins. Logic, theories, tests, experiences, professionalism, etc. Everything’s put to the test inside the court. The plaintiff then attempts to prove the negligence of the party at-fault and the at-fault party defends its position by claiming otherwise.


At What Point Are Experts Are Needed?

Now it has become clear that the defendant is going to defend its position to the last breath. Then experts become necessary to untie the knots in the case. These experts use the experience of their fields to prove or disprove the causes and after-effects of the event. They use their knowledge to estimate what might have happened.

They will put forward their findings of the case to find or reject the relation between the occurrence of the event and the damages. Along with harm caused in that event as claimed by the plaintiff, they try and establish a defense or a prosecution.

Here are the common types of experts that used in courts to perform the job mentioned above.

  • What are Medical Experts And Examiners?

Bodily injuries are the most important aspects in deciding the compensation received in an injury case. The medical costs to fix the injuries can be extremely high. But this depends on the severity of the injuries. So it wouldn’t be wrong to say that most of the injury case revolves around bodily harm. And this is along with the costs to treat the bodily harm.

In an injury case, the defendant will be most adamant at trying to prove that the damage incurred by the plaintiff that they weren’t the result of the mishap. But they were already there before the accident took place. The at-fault party might also try to prove that the injuries were caused later. Due to some other mishap, not the event in which the defendant was involved.

Apart from this, the defendant might also try to prove that the injuries caused by the disaster were less severe in nature. Plus the money spent or estimated planned to devote to the treatment of the plaintiff is more than needed. That’s where the medical examiner comes in. You would often see the medical examiner called an independent medical examiner, but in such a case we could easily call it a misnomer. This examiner’s brought in by the defendant.

What is the Medical Examination?

It is the defendant who demands that the plaintiff examined medically. The examiner would mostly pass his opinion for the respondent. They do so by saying that the harm suffered by the plaintiff happened either from a different source or event. But the expert may say the money being spent on the treatment is unnecessarily costly.

Some of the harm might even become associated by the examiner to the age of the driver. This expert wouldn’t pay much attention to the injuries. He’d rather pass his opinion within less than half an hour of meeting with and examining the plaintiff.

What Are Biomechanical Engineers And Reconstructionists?

Engineers and reconstructionists are also hired by the defending party in the case. The purpose of the defense hiring these experts is to prove that the accident caused by the defendant and its after effects are exaggerated. The engineer will examine the speeds of the car at the time of collision for example. Then say that the mishap couldn’t have the severity enough to cause the harm associated with the event by the plaintiff.

Change in velocity may be calculated to prove the impact was less severe than stated. There’s a mark set for human beings as to how severe of an impact they can take without suffering any serious harm. Some results cause no injuries at all according to them.

But this mark has become set after many tests. According to this standard target, a human body will not sustain any serious damages or will tolerate an impact at a speed of 5mph.

What is Defendant’s Expert?

The defendant’s expert will try to prove that the severity of the impact in your case was less than this mark. However, this is not where it all ends because your lawyer takes care of it from here. Your legal counsel will find the flaws that exist in this method of calculating the change in velocity.

The data and evidence used to collect information and reach these results are often weak, unreliable or easily deniable. In short, most of the work is done by the defendant’s biomechanical expert. It will become dubbed as guesswork, and this weakens their testimony altogether.

What Are Life Care Experts And Planners?

There are cases in which the results in catastrophic injuries to the victim. In this scenario, the victim might have to rely on permanent or long-term medical treatment and care. Once again, the life planner is brought into the court as an expert. Their job would is to prove that the costs of future care and medical treatment require a significant sum of money for life.

The life planner will use his/her knowledge to bring to place a dollar figure on your care for life. A number much smaller than the value demanded by the victim’s lawyer is what the defense attorney wants (Read More.). So both sides bring in their experts to chip away at each other. Ultimately, it is perceived expertise and credibility that persuades most jurors.

What is Your Plan Of Action?

Regardless of whether your case looks easy or difficult to prove, contact the right law firm to represent you in your injury case. Only an experienced lawyer can estimate and analyze your situation properly.

A seasoned attorney will ensure that your compensation’s received through an outside court settlement. But if the case enters the premises of the court, he will apply all his knowledge to get you the financial award you deserve.

For the injuries incurred, expenses made and time and efforts to fight the case. If you or your loved one has a personal injury case in Los Angeles, get in touch with Ehline Law Firm to get a free evaluation done for your case and a relentless representation unless the settlement is reached.


Citations

https://www.jurispro.com/category/personal-injury-s-30 Personal Injury Expert Witnesses:: JurisPro:: Accident Reconstruction & Safety Experts & Consultants -Personal Injury Expert Witnesses

https://en.wikipedia.org/wiki/Vehicular_accident_reconstruction Wikipedia–Vehicular accident reconstruction

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