Making Sense of Your Auto Policy

By Joyce Novotny-Prettiman, Esq.


We have heard clients comment that they never really read their auto insurance information prior to their motor vehicle collision. Unfortunately, after you are in an accident, it is too late to make sure you have the coverage you need. Take just a little bit of time to do some "preventive maintenance." Here is our advice about the coverage you should have in place to protect you and your family.


TORT OPTION: FULL TORT

This is the most important choice when selecting your coverage. Always choose the full tort option which provides the most complete protection. If you do not choose full tort, you give up important legal rights. This holds true even if an accident is not your fault.

The person who makes the tort selection binds the entire household and everyone covered under the policy. Selecting full tort is "easy." There are no forms to sign to select it. You actually have to sign a form to opt out of your rights under full tort.


MEDICAL COVERAGE: $10,000.00 MINIMUM

Though you must purchase at least $5,000 of medical coverage, we recommend at least double that amount for medical coverage, or "first party coverage" as it is called in Pennsylvania. If you do not have health insurance, you may want to purchase even more coverage which will pay medical bills if you or a family member are hurt in a collision.


WAGE LOSS COVERAGE: CHOOSE IT!

If you are hurt in an accident and not able to work, wage loss coverage will keep money coming in to pay your bills while you are off work. If you do not have this coverage, you must wait to get your wage loss covered by the person at fault for the collision. This process can take a long time because the wage loss payment is part of a one-time, lump-sum payment. Though Pennsylvania does not require that you carry this coverage, most people who become involved in an accident are thankful they purchased it.


UNINSURED AND UNDERINSURED (UM/UIM) COVERAGE: $100,000.00 MINIMUM

Just like wage loss coverage, this coverage is not required under Pennsylvania law - BUT you do not want to go without it. This important coverage protects you and your family if you are hurt by a person who has little or no insurance. To make this coverage even more valuable, you want to "stack" uninsured and underinsured motorist coverage. If you have several cars in your household, you can collect this type of coverage from another car in your household. This coverage may also provide protection even if you would be involved in an accident that does not involve your auto.


Full Tort + Wage Loss Coverage + stacked UM/UIM coverage = the best protection for you and your family.

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My Military Service Records: How Can I Get a Copy?

Many veterans, as they left the service, never received a copy of their military service records, including treatment records.  These documents are very important as they can reveal medical treatment for in-service conditions or disabilities.  They often times serve as the smoking gun for winning a service-connected benefit.

Most veterans can obtain free copies of their DD Form 214 (Report of Separation) and other military and medical records by requesting them online at the website of the U.S. National Archives.

Go to www.archives.gov and click on "Veterans' Service Records", and follow the instructions.

OR GO DIRECTLY TO the Military Service Records page of the National Archives at:

http://www.archives.gov/veterans/military-service-records/

- Quatrini Rafferty Veterans Law Group

Serving veterans in Pennsylvania, and surrounding states, from our offices in Greensburg, Pittsburgh, and atrobe

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Estate Planning in a Technological Age

by Quatrini Rafferty attorney David S. DeRose, Esq.

When we sit down to discuss who will benefit from what we have accumulated during our lifetime, we start with creating an accurate summary of our assets and our debts. We talk about houses, vehicles, bank accounts, pension and retire- ment accounts, life insurance, investments and other things of value that belong to us. 

We also discuss our mortgages, car payments, personal loan payments, Visa and Mastercard bills and other similar debts. But what we sometimes forget to address are things that might not have a piece of paper that evidences their existence.

What kind of things do I mean? For instance, many people have bank accounts, savings accounts or certificates of deposit in financial institutions that are not "brick and mortar" facilities. We typically think of visiting our local bank branch but don’t consider online banks. As with so many things we find online, these banks require account numbers, PIN numbers and access codes. In a complete estate plan, it would be imperative for the representative of the estate to know that an account exists and other identifying information about the account. Without that information, access will be denied and it will then take additional time and effort to gain access.

There should also be some instruction left as to what to do with things like email, Facebook, Twitter, LinkedIn, and other similar online social networking accounts. These accounts certainly contain a great deal of personal information and need to be appropriately terminated at the time someone dies. Your spouse, child or other trusted family member who is going to represent your estate at the time of your death should have access to online information. This information would allow them to terminate a Facebook account, resolve any issues that might exist with purchasing or selling items through eBay, transfer online photos, records and files and finalize other similar activities.

Our firm has attorneys that understand the technological issues that face us in this digital asset age. We welcome the opportunity to help you make sure that you have properly and completely addressed all of the matters that will exist at the time of your death. We take many of these conveniences for granted in our day-to-day existence; however, the conveniences and the benefits that technology created for us may also create difficulties and problems for those we leave behind.

David S. DeRose is an associate at the firm and concentrates his practice in the areas of estate planning and administration, family law, real estate and zoning.  David is also the current President of the Westmoreland County Bar Association.

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Quatrini Rafferty Debuts Latrobe Office

QuatriniRafferty is pleased to announce the opening of our Latrobe office at 816 Ligonier Street in downtown Latrobe, which is at the corner of Main and Ligonier Streets. The new office is situated on the ground floor of the former Mellon Bank building, which is across the street from the Latrobe Art Center. Many of the architectural features of the space have been restored. One of the most interesting features of the restoration is the original bank vault that has been cleaned and preserved. Appointments can be made at the Latrobe office by calling either 724-837-0080 or 724-539-2841.  We look forward to using this additional office to accommodate our clients in Westmoreland, Indiana, Cambria, Somerset, Blair, and other counties east of Greensburg.

 

 Want to see additional photos?  Check out our Newsletter:   Quatrini Rafferty Latrobe Office

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Social Security New Policy Ruling: What Does it Mean?

The Social Security Administration has just released Policy Ruling 13-2p.  These rulings occur infrequently and are designed to clarify the law for Social Security Administration judges.

Social Security Ruling 13-2p focuses on how Social Security Judges consider cases involving drug and alcohol use. As the law is currently written, an individual may not be found disabled if drug or alcohol addiction is (1) the main reason for their disability, or (2) the drug or alcohol addiction aggravates an underlying condition.  

As the law now stands, the Social Security Judge must decide whether the drug or alcohol addiction is "material" to an individual's disability. 

The new ruling provides that if the disability claimant's drug or alcohol problem is material, the Administrative Law Judge is required to look at the entire evidence record to decide  whether the individual's impairments, whether physical or mental, directly related to, caused by, or aggravated by, the drug or alcohol addiction. Where the Social Security Judge finds that it is, an unfavorable determination is most likely.  Conversely, where the Social Security Judge determines that the drug or alcohol problem, in and of itself, does not have an effect on the individual's ongoing impairments, and these ongoing impairments are severe enough on their own to warrant a finding of disabled, a favorable decision may be reached, regardless of the addiction.  

It should be further noted that the new SSR 13-2p has not been officially released.  It is currently in the public comment stage.  

The entire SSR 13-2p may be found here:

http://ssa.gov/OP_Home/rulings/di/01/SSR2013-02-di-01.html

- The Social Security Disability Group at Quatrini Rafferty

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New Statewide AWW

The Pennsylvania Department of Labor & Industry has increased the maximum average weekly wage for workers' compensation payments to $917.00 for 2013.  This is an increase of 3.3 percent from 2012.

http://www.portal.state.pa.us/portal/server.pt/community/workers'_compensation/10386

What to do when you are in an accident?

Here's the perfect checklist to cut out and store in the glove box of your vehicle:


 http://www.qrglaw.com/Personal-Injury/At-The-Scene.pdf



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Tips to Help your SS Case

by Kellie Taylor, Paralegal

•  Your attorney, paralegal and secretary work together on your case as a legal team. You can be assured that all information you provide is shared with all members of the team.
• You know important information about your symptoms and your health history. Tell us so that we can better help you!
• Even if something makes you feel embarrassed or uncomfortable, it is important that you relay all information related to your case.
• Please keep us up-to-date with any changes in your condition and/or treatment. It is not necessary for you to provide this information directly to the attorney or paralegal - you may provide it to the secretary.
• Remember to always bring an up-to-date list of your medications to all of your appointments.
• Bring to your appointments any information you have which is important to your claim such as copies of medical records, your resume or the statement you receive from the Social Security Administration setting forth your yearly earnings.
• We want to be sure we are handling your case to your satisfaction. If you don’t understand what you are being told, please let us know. It is OK to ask.
• It is helpful to write down your questions before you come for an appointment and to take notes so you can refer back to them when you get home.
• If you need to leave a message, please be detailed and provide your full name, telephone number and details of why you are calling. For example, tell us "Dr. Smith ordered an x-ray of my back and it was done on June 1st at Westmoreland Hospital." This detail is incredibly helpful.

The Compassionate Allowance List (CAL)

The Social Security Administration maintains a Compassionate Allowance List (CAL) as a way to quickly identify medical conditions that will likely qualify for disability benefits, lessening the wait time for a decision.


As of April 11, 2012, Social Security expanded the Compassionate Allowances List to include 52 new medical conditions. The 52 new Compassionate Allowance conditions are:


Aicardi-Goutieres Syndrome
Alobar Holoprosencephaly
Alpers Disease
Alpha Mannosidosis
Carcinoma of Unknown Primary Site
Cerebrotendinous Xanthomatosis
Child Neuroblastoma
Child Non-Hodgkin Lymphoma
Chondrosarcoma with multimodal therapy
Cornelia de Lange Syndrome-Classic Form
Ewings Sarcoma
Follicular Dendritic Cell Sarcoma with metastases
Fucosidosis - Type 1
Galactosialidosis - Early Infantile Type
Glioma Grade III and IV
Hallervorden-Spatz Disease
Hepatoblastoma
Histiocytosis
Hutchinson-Gilford Progeria Syndrome
Hydranencephaly
Hypocomplementemic Urticarial Vasculitis
Hypophosphatasia Perinatal lethal Form
I Cell disease
Infantile Free Sialic Acid Storage Disease
Juvenile Onset Huntington Disease
Kufs Disease Type A and B
Lissencephaly
Lymphomatoid Granulomatosis Grade III
Malignant Brain Stem Gliomas - Childhood
Malignant Melanoma with metastases
Mastocytosis Type IV
Medulloblastoma with metastasis
Merkel Cell Carcinoma with metastases
Myocolonic Epilepsy and Ragged Red Fibers Syndrome
Nephrogenic Systemic Fibrosis
Obliterative Bronchiolitis
Ohtahara Syndrome
Orthochromatic Leukodystrophy with Pigmented Glia
Pearson Syndrome
Pelizaeus-Merzbacher Disease-Classic Form
Pelizaeus-Merzbacher Disease-Connatal Form
Peripheral Nerve Cancer - metastatic or recurrent
Perry Syndrome
Rhabdomyosarcoma
Rhizomelic Chondrodysplasia Punctata
Schindler Disease Type 1
Smith Lemli Opitz Syndrome
Spinal Nerve Root Cancer- metastatic or recurrent
Stiff Person Syndrome
Tabes Dorsalis
Wolf-Hirschhorn Syndrome
Xeroderma Pigmentosum

To view the complete list visit:  http://www.qrglaw.com/Social-Security-Disability/The-Compassionate-Allowance-List-CAL.shtml

WHERE DO YOU DRAW THE LINE ON DISTRACTED DRIVING?

Pennsylvania lawmakers have drawn the line as to what will soon be considered illegal driving practices. New provisions in the law will go into effect in March 2012 to attempt to limit the use of "interactive wireless communications devices." This term includes the use of wireless telephones, smart phones, portable or mobile computers or other similar devices, but does not include GPS or navigation systems. The changes to the Pennsylvania Vehicle Code will outlaw driving while using such devices to send, read or write a text-based communication.

This offense is a primary offense, which means that law enforcement personnel can issue a citation for the offense even if the driver is not violating any other section of the Vehicle Code. In contrast, the seat belt law in Pennsylvania is a secondary offense – this means that an adult driver must be cited for some other violation before an officer can add the lack of use of a seat belt to the citation. The fine for a driver who commits the new summary offense of using an interactive wireless device in violation of the statute is $50.

The new law makes no move to control the use of wireless communication devices for telephone calls which is something that was debated by the legislature. Thus the question arises: does the new legislation go far enough to discourage distracted driving?


Distracted driving includes activities such as:

• texting


• making phone calls


• eating and drinking while driving


• reading, including reading maps


• using navigation systems


• adjusting a radio, CD player or MP3 player


• grooming

While it is clear that texting while driving is certainly dangerous, there have been many reports that other activities, including the use of cell phones, reduce a driver’s attention to the roadway and greatly increase the chances of a collision. All of the other activities listed above draw a driver’s attention away from their most important task: watching the road ahead.

Why has Pennsylvania outlawed texting but allowed cell phone usage to continue? It is interesting to note a study by Carnegie-Mellon University which suggests that driving while using a cell phone reduces the amount of brain activity associated with driving by as much as 37 percent. Additionally, the National Highway and Traffic Safety Administration is pushing to eliminate distracted driving on a federal level. If the federal government regulates this area, less stringent state laws will be invalidated. You can review further information about the dangers of distracted driving by logging onto www.distraction.gov.

In the interest of safety, we at QR encourage everyone to place their cell phones and smart phones out of reach while driving. Safe driving is too important to allow for any distractions which go well beyond texting.