Author: Keenan Powell

According to Allstate’s 2013 annual survey, every driver in Anchorage will be involved in a motor vehicle accident every 8.7 years.  Allstate Report 2013

The bad news is that our national ranking has been consistently slipping. In 2010, Allstate ranked Anchorage as the 124th safest city to drive in. In 2012, we were 128th. In 2013, we are now 132nd.

The good news is that the odds of being involved in an accident have not increased. Each one of us will be involved in an accident on average every 8.7 years and Anchorage’s relative accident likelihood is 15.3% greater than the national average. It appears that, Anchorage residents have not become worse drivers but the rest of the nation has become better drivers.

The really bad news is that our insurance rates are bound to go up, especially if you are insured by Allstate.

It is a good time to reevaluate whether your motor vehicle insurance is adequate. Alaska law requires you to carry a minimum of 50/100 bodily injury liability insurance. If you have the resources to purchase higher liability limits, you should do so. In the event that you cause an accident where the damages exceed $50,000 per person, then you will be responsible for paying the amount of any judgment obtained against you over $50,000. $50,000 is no longer adequate to pay for the most common injuries caused in motor vehicle accidents.

By the same token, if you have the resources you should carry both medical payments benefits and uninsured/underinsured motorist coverage. The minimum medical payments benefit available is $5,000, which these days may cover one visit to the emergency room, depending on the nature of the injury and treatment. After the ER visit, you’ll be on your own paying for medical treatment unless you have increased medical payments benefits which pays 100% of your bills, not 70-80% as some health insurance companies pay.

The purpose of uninsured/underinsured motorists coverage is to pay you for your damages in the event that the at-fault driver is not insured, does not have enough insurance or you are involved in a hit and run. Again, $50,000 coverage is inadequate. If you have the resources, you should select as much uninsured/underinsured motorists coverage as you can afford.

For more information, see:  http://www.keenanpowell.com/faq-wc.html.

Contact Keenan Powell for a FREE CONSULTATION through the contact form or call: 258-7663. Toll free: 888-368-5678.

mailto:keenan@keenanpowell.com.

A driver who is backing up has a heightened duty under the law to make sure he doesn't hit anyone.  The most common accidents occur in parking lots and driveways.

Tragic results can occur of a driver backs out of his driveway without first checking to make sure that there aren't small children behind the vehicle.  I handled one such case several years ago which resulted in a child's death.  Children, depending on how young they are,  are not legally responsible for their actions and if a driver lives in a neighborhood where he can expect children to be riding bikes or playing in the street, on the sidewalk, behind his car, it is his responsibility to watch out for those children.

In the event that a driver does cause injuries when backing out of his driveway, his automobile liability insurance is responsible for paying the damages.  He may have, as well, homeowner's insurance which might provide coverage, both medical and bodily injury, and umbrella insurance which would provide additional coverage.

Of little consolation to the injured child's family, if the responsible driver had inadequate resources to pay for the damages, his or her driving privileges can be revoked administratively, whether or not he is prosecuted.

For more information, see http://www.keenanpowell.com/faq-wc.html

Contact Keenan Powell through the contact form or call: 258-7663.  Toll free: 888-368-5678.

In a 2012 report created by the Department of Transportation,  over 900 hit and run accidents in Alaska in 2009, many of which resulted in serious injuries.   http://www.dot.alaska.gov/.

"Hit and run" refers to leaving the scene of an accident.   When a driver is involved in an accident, whether the driver is at fault or not, he has a duty to stop and render aid to any injured parties and also to exchange information regarding his identity and insurance.    Failing to do so is a crime.  If someone is injured or killed in the accident, leaving the scene is a felony whether or not the driver caused the accident.  If caught, the driver faces jail time and revocation of his driving privileges.

But what about the victim?

If the victim has automobile insurance with uninsured motorists coverage, she will be able to make a claim under her policy for medical bills, lost wages, disabilities and pain and suffering.  If she has medical payments benefits under her automobile insurance policy, she will be able to draw upon those.

If the driver is found, she will be able to make a claim against his insurance.

If the driver is prosecuted, then she can request restitution for her insured costs.  The request should be made through the prosecutor’s office.

Additionally, benefits and services are available to the hit and run victim from the State of Alaska, Violent Crimes Compensation Board because hit and runs has been classified as  a violent crime.  http://doa.alaska.gov/vccb/policy/hit_run.html.  Applications are available on-line at their website.

For more information, see http://www.keenanpowell.com/faq-wc.html

Contact Keenan Powell through the contact form or call: 258-7663.  Toll free: 888-368-5678.

If you decide that you want to hire an attorney for your personal injury claim, you should first interview a few to see who you like.  It is important to feel comfortable with the attorney and be able to communicate with him or her.  Most personal injury attorneys provide one free consultation.

When interviewing attorneys, you will want to know how long they have been litigating personal injury cases, what kind of associations they belong to, whether they take continuing legal education, whether they have malpractice insurance and what their fees are.

You are entitled to hire an attorney on an hourly basis rather than contingency fee however most attorneys will require a retaining if you choose to do so.

If you choose to hire an attorney based upon contingency fee, you need to know if you will be expected to advance costs and what the per centage of the fee will be.  Most attorneys start their fee  percentage at 33 1/3% if the case settles without filing suit.

Never consult or hire someone who is not licensed to practice law in the State of Alaska.  There are people who claim to be paralegals or some other kind of legal professional but they have not gone to law school, have not passed the bar examination, are not regulated by the Bar Association and do not carry malpractice insurance.  If they give you bad advise or make a mistake in your case, you have no recourse against them.

By hiring an attorney licensed to practice law in the Alaska, you have the comfort of knowing that they are required to take at least 3 hours of ethics classes per year, that they are governed by the Bar Association and should have malpractice insurance.   In the event that something goes wrong, you can file a compliant with the Bar Association and/or file a malpractice suit against them.  You also may file a fee arbitration petition in the event that you do not agree with the fees that were charged.

By hiring an experienced attorney, you have the comfort of knowing that, in your best interests, that person in considering the ramifications of every action taken or not taken which can be particularly important in proper documentation of the claim, negotiations, settlement and timely prosecution of the case.  People who do not practice law do not have this experience.

Finally, practicing law without a license is a crime.  It should be reported to the Alaska Bar Association and to the District Attorney’s Office.