Got Insurance?

Check your auto insurance policy to be sure you comply with changes to Wisconsin law.  Starting June 1, 2010, nearly all drivers and owners of motor vehicles are required to show proof of liability insurance if requested by a law enforcement officer at an accident or during a traffic stop, for example, if you’re pulled over for speeding.

This is a significant change in the law.  Previously, Wisconsin’s Financial Responsibility Law didn’t require motor vehicle liability insurance.  Drivers only needed to prove that adequate resources existed to cover any possible liability.  Now, Wisconsin drivers have no choice but to carry the following minimum liability insurance, updated January 2010: $50,000 for injury or death of one person; $100,000 for injury or death of two or more people; and $15,000 for property damage.   The law also requires uninsured and underinsured motorist coverage each with minimum limits of $100,000/$300,000 for bodily injury coverage.

If you fail to show proof of insurance after an accident or during a traffic stop, you may be fined $10.  But if you drive a motor vehicle without insurance, you could be fined up to $500!  And don’t even think about offering proof of insurance that is found to be fraudulent because you could be fined up to $5,000.

Rather than wonder or worry, call your local insurance agent to discuss your coverage.  With questions about the law and how it affects you and all Wisconsin drivers, call Brooks & Moeller, S.C.

Jennifer A. Moeller   5-26-10:  2 p.m.

MAY IS BIKE MONTH!

Celebrate National Bike Month by biking to work

Simple steps for bicycling to work:

1. Choose the proper wardrobe. If you wear a skirt you’re just begging to be the next hot You Tube video.  Pants with one or both legs rolled up or secured are best.  After that, you can’t really go wrong.  If you need to change, put knits (they don’t wrinkle!) in your backpack or bag.  Yes, you can take this as an excuse to go shopping.
2. Keep an eye on the weather. If you’re not adventurous, you may wish to get to work some other way when there is a 50% or greater chance of showers.  Arriving soggy takes some of the fun out riding to work.  On the other hand, if you get to work, a co-worker or family member will give you a lift if a storm surprises you while at work.  No offense meteorologists, but bicyclists need a plan B.
3. Pat yourself on the back. Congratulate yourself for burning calories and stress while not burning anything harmful for the environment.  Your budget will benefit, too, provided you didn’t go overboard on my shopping suggestion.  But then again, if you bike to work often enough….

When you arrive at our office on your bicycle, you can park your bike in our bicycle rack.  Enjoy May Bike Month!  Jennifer Moeller

Car Repair?

DON’T FORGET PRE-AUTHORIZATION OF CAR REPAIRS!

Auto repair shops and car owners both can learn from a recently published 2009 case from the Wisconsin Court of Appeals, Kaskin v. John Lynch Chevrolet.  Mr. Kaskin’s truck was towed to Lynch Chevrolet for repairs.  The vehicle was less than a year old with approximately 3,300 miles on the odometer.  When Mr. Kaskin spoke with the service department by telephone, the preliminary cost estimate was zero; both sides anticipated that the repairs would be fully covered under the warranty.  But, they weren’t.  The repairs were done, and Lynch Chevrolet demanded that Mr. Kaskin pay nearly $5,000 before he could take his truck.  Needless to say, Mr. Kaskin was unhappy and sued the dealer in circuit court.  The case went up to the court of appeals and then back to circuit court, again.  To avoid such a debacle, there are some relatively easy things both sides can do.        

Mechanics and Technicians:     All repair facilities, large and small, should become familiar with the Agriculture, Trade & Consumer Protection laws found in the Wisconsin Administrative Code.  Among the requirements for repair facilities is obtaining customer authorization before any repairs are performed.  A written repair order is required for any repair that may exceed $50, and a shop representative must record the repair authorization on the written repair order.  Written repair orders are advisable for all work, even if under $50.  Written repair orders can also help a shop keep track of other aspects of its business, including parts inventory and billing.

Repair facilities must document the prior authorization for repairs.  When generating a repair order is a habit, it can be completed within minutes of a customer’s arrival so that a vehicle owner can sign to authorize repairs before the work proceeds.  If diagnosis takes longer, telephone calls and authorizations should be documented right on the repair order, days and times of conversations.

And the biggest lesson for repair facilities highlighted by the Kaskin case is that violations of the Wisconsin Administrative Code, in that case failure to obtain prior authorization, can result in a repair facility paying the other party’s costs, attorney fees and double damages!

Auto Owners:           A repair facility cannot keep your car or require you to pay for unauthorized repairs.  If they do, they run the risk of paying costs, attorney fees and double any damages you may suffer.  To avoid having to call an attorney at that point, remember your rights.

You have the right to authorize repairs before they begin.  This prior authorization must include a good faith price estimate.  This allows you to shop around or get a second opinion if you wish.  And if additional repairs are proposed beyond the initial authorization, you have a right to pre-approve the additional repairs with an updated good faith price estimate before anything further is done to your vehicle.  When dropping off a vehicle for service at a repair facility, be sure to review the repair order.  If you don’t receive one, ask for a repair order.

If you have questions or concerns about vehicle repairs and protection against complaints, call us.  All of our attorneys have represented businesses, large and small, as well as customers.  If you have questions, ask your lawyer, that’s what we’re for.

Jennifer A. Moeller with Stephen A. Kase

Bicycling to work: Attitude is everything.

It wasn’t until I moved to Sturgeon Bay that I ever attempted biking to work.  The hardest part was starting.  And since I have, I wish I would have done so long ago.  It doesn’t work every day because of Wisconsin weather and my calendar: court days are not good bike days.  It takes a little wardrobe planning (maybe an excuse to go shopping) and some additions to a back pack, but it’s worth it to begin the day refreshed and to end the day with a “de-stressor”.  I highly recommend that you try it.  You’ll love the environmental, economical and health benefits.  I’ll post more entries in the future on this topic for encouragement and possibly amusement.

Jennifer A. Moeller

Mediation: Alternative to Litigation

We’ve all seen it; an argument between people we know deteriorates into a serious problem.  The argument may be over the quality of work, or the amount of a bill, or treatment in the workplace.  It may be a dispute between neighbors over a boundary line or noise.  It may be a disagreement about who should inherit mom’s jewelry or dad’s car.  Or it can be over property or children when a couple divorces or separates after a long relationship.

Even a small disagreement can grow into a serious argument.  Problems like this may ruin a business relationship or friendship, but too often, what started as a simple argument ends in the courtroom.  Whether the dispute is between business people or family members, the legal process can magnify the original anger and resentment and leave all parties with legal fees and costs.  Sometimes, the result is not satisfactory to either party.

There are many ways to settle disputes, of course, ranging from negotiation to legal action, but mediation is an option that isn’t always explored.  Mediation is a valuable tool to settle issues and avoid costs of litigation.  So, what is mediation, and how does it work?

A mediator is a trained professional who acts as a neutral third party to help people solve their own disputes.  The mediator directs the parties’ conversation, helps the parties develop and address their concerns, and defuses some of the tensions that caused the problem in the first place. Ultimately, in a successful mediation, the parties reach an agreement with the assistance of the mediator on terms that both parties find acceptable.  Parties can mediate before or after they have talked to their lawyers.  The parties share the cost of the mediator, which reduces their costs.

We have an experienced mediator in our office.  If you have a problem, perhaps mediation is right for you.  You should see a lawyer, that’s what they’re for.

Dana Brooks

You’re Insured, Right?

Imagine you are driving down a divided freeway late at night.  A truck going the opposite direction hits a large object (a 400 pound dual wheel assembly) on the highway that flies across the median into your path. You can’t avoid the object, you hit it, and you suffer serious injuries. When you get out of the hospital with all of your bills, you discover that the object on the highway was left there after it fell from an unknown vehicle. No worries, your auto insurance policy covers you, right?

Not so fast, says the insurance company. Your policy protects you against hit and run drivers, but in your case, the driver ran, and then you were hit.  So, American Family argues, you shouldn’t be covered.  In Tomson v. American Family Mutual, the Milwaukee trial court agreed, and dismissed the Tomsons’ claim against American Family.  The Court of Appeals reversed that decision and sent the case back for trial.  The results of that trial won’t be known for awhile.

I suspect that most people buy auto insurance expecting that they will be protected against perils of the road, unless they intentionally cause their own loss.  Insurance companies don’t see it that way.  An insurance policy is just a contract with a company that agrees to pay you something under certain very specific circumstances, if you pay the premium when due.  If the company can avoid liability by claiming that you are not covered, it is likely that it will do so.  More profit for them.   In this case, the plaintiff was saved by a Wisconsin law, created by the legislature that requires the insurance company to protect you in minimal ways. To be safe, you should read your policy carefully.  No time?  Too confusing? Too much gobbledygook?  Well, then you take your chances.  Or, ask your lawyer, that’s what we’re for.   – Dana Brooks

Juror Appreciation Month

How was your Juror Appreciation Month?  It was in September, but don’t fret if it wasn’t on your calendar; Wisconsin Supreme Court Chief Justice Abrahamson only initiated it in 2008.  There are no parades to attend, no feasts to prepare, but it’s a reminder of the important right to a jury trial.  A right the Chief describes as, “a fundamental component of American and Wisconsin justice systems.”

Most attorneys thank jurors for their service when we are in front of a jury in court.  But sometimes jurors report to the court house and don’t even see the inside of the courtroom.  Either way, reporting for jury duty is an important part of our court system that serves every citizen in our community in some way.  If you fail to report, the court may fine you or find you in contempt.  Avoid that trouble and report for jury duty, which is often an interesting experience.

And we really should say thank you more often.  So, thank you!  Every month should be Juror Appreciation Month, especially if we decide to have a feast to celebrate.   – Jennifer A. Moeller

Debit Card Overdraft Protection? Watch out!

I recently reviewed a news article about someone who acquired a debit card to access his checking account for the purposes of “convenience and safety”, as the bank advertised. One of the features offered was “free overdraft protection”.  Several days after making a deposit, he made four purchases, totaling less than $12.00, from the account.  He thought he had money, but the bank had placed a “hold” on his deposit to wait until the check cleared.  His deposit was considered “uncollected funds”, so no money was available for his purchases – and he was charged $34 for “overdraft protection”!  (The only free part was the absence of a monthly fee for having the service available.)

Banks and credit unions have long pitched debit cards as a convenient and prudent way to buy. But a hidden risk is included as more financial institutions allow automatic overdrafts on the account.  Instead of refusing a transaction when there are no available funds to cover the transaction, they allow a customer to exceed their available balance – FOR A PRICE.  Banks are expected to earn more than $27 BILLION dollars this year from this overdraft “protection” service.

Since debit cards have become popular, you are often urged to use the card instead of writing a check.  That means, you typically don’t write down the transaction as you would with a check and you may lose track of your account balance.  Suddenly, you are overdrawn and the bank is there with a stiff fee to cover the difference.  The fee you pay is far larger than you might expect.

So be very careful with your debit card if you have one.  Make sure you ask about hidden fees or charges if you spend more than you have on account.  If you don’t understand the rules, ask your lawyer.  That’s what they’re for.

Steve Kase

Welcome to the Weekly Soapbox

This is the first post on our blog. We started preparation for this shortly after fire was invented, and it has taken us this long to get to our first post. Many people have worked hard to produce this blog, and they are too numerous to mention, but we would like to thank, in particular, 3W Design and Barb and Gregg Luhring for their expertise; also, Jenn and Laurel for their patience and proof reading.

The photos are taken locally, for the most part. They depict what we see in Northeast Wisconsin daily. Consequently, pictures of sunsets and cherry trees in blossom may not appear frequently. Nevertheless, they will give non-residents a glimpse of what it looks like here year-round, and some of the pictures may appear familiar to residents. We hope you enjoy them.

The opinions reflected in these posts are the individual thoughts of the contributor. The posts are not legal advice and you should not rely on these comments in place of talking with your attorney.