Who Is Liable for Pothole Damage to Your Car in Maine?

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pothole

Potholes can cause hundreds to thousands of dollars of damage to your vehicle, including flat tires, bent rims, misaligned steering and underside  damage. They can even cause an accident if you lose control of your vehicle or swerve suddenly to avoid one.

 

What should you do after you hit a pothole? Clients of our South Portland Maine insurance agency commonly ask three questions after they hit a pothole:

Who Pays for Pothole Damage to My Car?

Potholes can appear quickly, and can reappear even after they have been filled repeatedly. Maine law absolves municipalities from liability for damage caused by potholes unless the pothole was reported more than 24 hours before your accident, and untreated.  This is difficult to prove, which means you’re usually not going to get help from city or town hall. Maine State Law is even more lenient with state-owned roads: the state of Maine is never liable for damage caused by potholes.

 

 

Is Pothole Damage to My Vehicle Covered by Insurance?

Hitting a pothole, or any other hazard in the road (other than live animals) is covered by the collision section of your Maine auto insurance or Maine commercial vehicle insurance policy. If you purchased collision coverage, your collision deductible will apply. If it is a single-car incident, it’s considered “at fault”, and therefore may increase your auto insurance rates. Your Maine insurance agent can help you decide whether or not you want to file an auto insurance claim for pothole damage.

Will Anyone Else Pay for Pothole Damage?

New car dealers sell a product called “road hazard warranty”. It typically covers road damage to tires and rims, with a small deductible. Check to see if you purchased this warranty when you bought or leased your vehicle. If so, you may be in luck.

"Fix It! Portland." web page.
“Fix It! Portland.”

What to Do if Your Vehicle is Damaged by a Pothole

  1. Pull off the road as soon as it’s safe. Is your vehicle is still OK to drive? If not, call a tow truck. 
  2. Note the date and time of the accident. Take a photo of the pothole and report it. If it’s a town road, report it to your municipality’s Public Works Department. If it’s a state route, report it to MDOT (207-885-7000 in Southern Maine).  The City of Portland has a web page: FixIt! Portland. They also have a mobile app.
  3. If you’re not sure your vehicle is OK, have a repair garage check it.
  4. Call your insurance agent if you’re considering whether to report an insurance claim.

 

Have questions about Maine auto insurance or Maine commercial vehicle insurance? Want to compare Maine car insurance quotes in 10 minutes? Contact Noyes Hall & Allen Insurance at 207-799-5541. We’re independent and committed to you.

Who Does an Insurance Adjuster Work For?

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If you report an insurance claim, your insurance company assigns a claims adjuster to settle your loss. The adjuster’s job is to pay insurance proceeds required by the terms of your policy. Depending upon the type, severity and location your claim, you might work with different types of insurance adjusters:

Staff Adjuster

A staff adjuster is an employee of the insurance company. There are two types of staff insurance adjusters:

  • Inside adjusters are desk jockeys. They take statements over the phone, collect bills and documentation from you and anyone else involved in your loss or accident. The also gather information from police or fire officials, or your body shop or contractor. Though they may be hundreds of miles from you, they are often familiar with the area they are assigned to and the local retailers and repair shops.
  • Outside adjusters work in the field. They handle claims that require physical inspection. Outside adjusters specialize in auto, property or liability claims. Auto specialists are sometimes called appraisers. Many are trained in auto body repair techniques (or have repair shop experience), and work closely with body shops to agree on the repair cost for your vehicle.

Independent Adjuster

An Independent Adjuster (IA) is NOT an employee of the insurance company. Most are small business owners contracted by insurance companies to settle your claim when your insurance company does not have staff available. IA’s have a lot in common with independent insurance agencies. They often live and work in your area, and represent multiple insurance companies. Many independent adjusters are former insurance company staff adjusters. In order to be re-hired by an insurance company, an independent adjuster must provide excellent service to you, while keeping track of different insurance company policies and procedures.

Paid by Insurers

Both staff and independent insurance adjusters are paid by the insurance company; their job is to guide you through the (hopefully) unfamiliar process of claim settlement, and to pay you and others what’s fair. The claim adjuster job attracts empathetic people who enjoy helping others. After you’ve had one of  life’s unpleasant experiences, they enjoy it when they see a smile on your face at the end of the process.

Of course, no insurance company wants to over-pay for a claim. They do monitor adjusters to make sure they are paying only what’s fair. But good adjusters know that an insurance company is defined by its claim payment reputation. Insurance companies that treat people with respect and fairness enjoy a good reputation; those with a tight-fisted one quickly lose favor, especially in the age of Social Media.

Your Insurance Agent: Your Claim Advocate

In our South Portland Maine insurance agency, most insurance claims go very smoothly: the company adjuster connects quickly with you, gathers the information they need, and settles your claim without complication.  Sometimes, claims do go off track.  You might be extremely busy and have trouble connecting with the adjuster. The circumstances of your claim might require more investigation. Or, you or your adjuster may have a question about coverage.

Your local insurance agent can be your claims advocate. We can’t create coverage where there isn’t any, but we can help make sure you get the settlement you deserve. We can also help both you and the insurance company reach agreement and settle your claim quickly and fairly.

If you have questions about Portland Maine business insurance or personal insurance, contact a Noyes Hall & Allen insurance agent at 207-799-5541. We’re local, independent and committed to you.

Spring Could Be Too Late to Buy Maine Flood Insurance

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Daylight Saving Time begins Sunday. The first day of Spring is less than 2 weeks away. Mainers are thinking Spring. And, after our first “typical” winter in a several years, many Maine homeowners and businesses worry about flooding.

As Mainers ski, snowmobile or snowshoe all winter, we know that snow has to go somewhere when it melts: Maine rivers and streams. Usually, those bodies of water can hold the runoff. But if snow melts too quickly or is accompanied by heavy rains, flooding happens. And it happens regularly, sometimes with devastating results, such as the Maine Floods of 1987 or the Aroostook County Floods in 2012. Those are the big events, but MEMA Flood Forecasts hundreds of smaller events every year, which can be just as devastating if they strike your property.

photo of flooding in Gardiner Maine
Flooding in Gardiner Maine (MEMA photo)

Every year, our Portland Maine area insurance agency takes calls and emails  from home owners anxious to buy Maine flood insurance in the face of imminent danger. Unfortunately, many don’t know that homeowners and most business policies do not cover flood damage. Flood insurance is a government-regulated program of the Federal Emergency Management Agency (FEMA).

Four Things You Need to Know About Flood Insurance

  1. There’s a 30-day waiting period.  Unless you are buying property, there is a 30 day waiting period before coverage takes effect.
  2. Every Maine property is in a “flood zone”. Riverfront or oceanfront properties are in “special hazard zones”, but flooding can happen anywhere. In fact, FEMA reports that 1 in 4 NFIP claims come from areas with a low or moderate risk of flooding. Your local insurance agent can tell you the flood zone for your particular property.
  3. The maximum payout under a flood policy is $250,000 (for your building) and $100,000 (for its contents) If you need more coverage, you can purchase excess insurance.
  4. If you don’t have coverage for a flood loss, don’t expect a bailout from Uncle Sam. Although you might be eligible for a federal disaster assistance loan, you’ll have to repay it, with interest.
  5. One of your assets probably IS insured for flood: your vehicle. “Other Than Collision” coverage does include flood damage. Check your policy to see if you purchased that.

If you are in Southern Maine and have questions about Maine business insurance or insuring your Maine property, contact Noyes Hall & Allen Insurance in South Portland at 207-799-5541. We’re independent and committed to you.

Cape Elizabeth Student Hits Half Court Shot for Jackpot

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Marshall, a student from Cape Elizabeth, Maine won the jackpot on January 8, 2013 in the Cape Booster Shoot sponsored by Noyes Hall & Allen Insurance.

Marshall quckly swished a foul shot and three-point shot, which allowed him several attempts from half court within the allotted 30 seconds. Watch the video below:

Marshall splits the $600 jackpot with the Boys Basketball Boosters. Noyes Hall & Allen Insurance, an independent insurance agency in South Portland Maine, has sponsored the Booster Shoot for several seasons.

At every Cape Elizabeth High School Boys Basketball home game, a ticket is drawn. The winner tries to sink a foul shot, three-pointer and halfcourt shot in 30 seconds. The jackpot increases by $100 every game until someone wins. Several students of various ages, from grade school to college have hit the jackpot.

Noyes Hall & Allen is happy to support the Cape Elizabeth High School Boys Basketball Boosters.

How to Save Insurance Costs and Win More Jobs Under Maine’s New Independent Contractor Law

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Effective January 1, 2013, a new Maine law makes it harder for workers to be considered independent contractors, and more likely for them to be considered an employee. If you consider yourself to be a Maine independent contractor, or are a Maine business that hires such people, paying attention to this can help you get more work – or save money for your business.

For Independent Contractors

home under construction If you want to be considered an independent contractor in Maine, you can either buy Maine workers compensation insurance or obtain a Maine Predetermination of Independent Contractor Status (WCB266), proving that you meet 5 criteria, and at least 3 of another 7. Otherwise, you are presumed to be an employee.

With this pre-determination in hand, or by buying your own Maine Workers Comp coverage, you have a big jump on your competition. Companies that hire you won’t have to pay Maine Workers Compensation premium on your work, reducing their costs. This puts you at a significant advantage against your competitors seeking the job. Make sure you provide a Certificate of Workers Compensation Insurance or a copy of your approved WCB266 when you bid for work.

Predetermination (WCB 266) forms are good for one year, so be sure to re-apply every year. Also, they are “portable; you can use the same form can for multiple jobs in the one year.

For Maine Employers

To reduce your Maine business insurance costs, obtain a Certificate of Workers Compensation Insurance or a Predetermination of Independent Contractor Status (WCB266) from each contractor you hire. Consider it a “get out of jail free” card against paying more premium on your workers compensation insurance audit.

Be sure to collect this proof BEFORE the job starts, because Predetermination forms are NOT retroactive.

For more business tips on navigating Maine Workers Compensation insurance, contact a Noyes Hall & Allen agent at 207-799-5541. We’re independent and committed to you!

Marriage, Divorce and Maine Home + Auto Insurance

Posted on by Bob O'Brien

On November 6, 2012, Maine voters approved citizen initiative Question One, allowing same sex marriage. Yes on One proponents claimed that only marriage, granted LGBTQ couples equality with everyone else. No on One proponents were concerned that a change in the traditional definition of marriage as “one woman, one man” might affect many aspects of life.

How Important is Marriage in Insurance?

In a word, VERY.

Most people justifiably think medical insurance is the type most affected by marriage. That’s where most of the public discussion is, too. But Maine homeowners and auto insurance contracts also treat spouses very differently than other people.

How does being married affect your Maine home and auto insurance?  Let’s look at the most common insurance forms in Maine, ISO homeowners and auto policies. Although they are industry standards, your policy form may be different. Check with your own agent to be sure.

What Happens to Your Homeowners Insurance When you Get Married?

Spouses who reside in the same household are automatically defined as “YOU”. In insurance, it’s good to be YOU.

On most policies, an INSURED is defined as:

  • YOU;
  • your resident relatives;
  • full time students who are < 24 and your relatives, and lived with you prior to moving out; and
  • certain other minors in your care.

Are unmarried couples INSUREDS or not? To answer that, we have to ask the grammatically incorrect question, “who is YOU?”

“YOU” is defined as:

  • The Named Insured, as shown on the front page of the policy (called the Declarations);
  • That person’s spouse if they are a resident of the same household.
If both partners’ names appear on the policy they’re both YOU. But what if one unmarried partner’s name isn’t on the policy? They’re not an INSURED! What if your partner bought the house and you moved in later? Sorry, you’re not an insured. 

What if you were married instead?

Married couples are both YOUs as long as they live in the same household. Even if both names are not on the policy. Pretty important, don’t you think?
Let’s say you move in with someone who already owned a home. In this common situation, being married is the difference between having insurance for your property and protection from lawsuits and having none at all!
Of course, this example applies to any couples, straight or gay.

How Marriage Affects Auto Insurance

The definition of YOU in the auto policy is quite similar. It includes the Named Insured and a spouse who is a resident of the household. One additional benefit of being married: your interest in the policy transfers to a surviving resident spouse upon your death.

Warning!

You probably noticed that a spouse must be a resident of the same household to have all of these benefits. If you separate, your status changes. Divorce affects your homeowners and auto insurance, too.

It’s important that you contact your Maine insurance agent to talk about these situations. They can help you make sure that you remain insured, one way or another.

If you live in Southern Maine and are looking for an Portland Maine area independent insurance agency that can answer these and other insurance  questions, call Noyes Hall & Allen at 207-799.-5541.

Prepare Your Business for Hurricane Sandy (aka Frankenstorm)

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The path of Hurricane Sandy is still uncertain. Most recent estimates indicate that the storm will make landfall south of Maine.

A Storm That Misses Still Can Cause Damage

Even if the storm hits well to our south, high winds and rain are predicted over a large area, including ours. Forecasts include a very wide wind-field and varied degrees of rain and potential flooding that will probably affect at least Southern Maine.

nhc.noaa.gov – as of 1100 10/26/12

Prepare Your Business

Better to prepare your business for the worst and never have to use it than to be completely unprepared. Peerless Insurance Company has created an excellent pre-hurricane checklist for businesses, which we have shared below.  We hope you find it helpful to prevent and mitigate costly losses and interruptions to your business.

Pre-Hurricane Checklist (.pdf, 85k)

 

We are happy to answer your questions about Maine business insurance, from workers’ compensation to business property to commercial vehicles and general liability. Contact Noyes Hall & Allen Insurance at 207-799.5541.

Protect Yourself From Carbon Monoxide This Winter

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About 20,000 Americans suffer from unintentional carbon monoxide (CO) poisoning every year, including 400 deaths. Carbon monoxide is an odorless, colorless gas that can cause sudden illness and death if you inhale it.

Know the Symptoms of Carbon Monoxide Poisoning

Common symptoms of CO poisoning include headache, dizziness, confusion, chest pain and nausea. People who are sleeping or who have been drinking alcohol can die from CO poisoning before ever having symptoms. If you suspect CO poisoning, get outside immediately and call 911.

Tips to Avoid Deadly CO Poisoning

Properly use and maintain fuel burning appliances such as your boiler, furnace, space heaters and similar heaters. Have them professionally checked. Ideally, you should do this before the start of the heating season, but it’s not too late now.

Install a quality CO alarm. Check the batteries twice  a year, along with smoke detector batteries.

NEVER use these appliances indoors or in a closed garage:  a generator, charcoal or gas grill, pressure washer or other gas or propane fueled device.

Keep vents and flues clear of debris. 

NEVER leave your car idling in a garage.

Check your vehicle’s exhaust system for leaks to help prevent CO from collecting inside your vehicle.

In Case of Power Outage

NEVER use a gas range or oven to heat a home.

Run generators outdoors only– never in an enclosed space.

Photo of generator
emergency.cdc.gov

Use flashlights for indoor light – not liquid fuel lanterns.

Use gas or charcoal grills or camping stoves outside – never indoors.

If your home gets too cold, go to a friend’s house or a community shelter.

 

Our local Maine insurance agency wants you to stay warm and safe this winter. If you have questions about whether your Maine homeowners, condo or renters insurance covers winter storm damage, contact Noyes Hall & Allen Insurance at 207-799-5541.

 

 

Does Homeowners Insurance Cover Earthquakes?

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Maine felt a 4.0 magnitude earthquake on October 16, 2012. That’s certainly big enough to feel, but not likely to cause much damage to a solid structure.

As people checked their homes, more than a few Maine residents wondered if their renters, homeowners or condo insurance policy covers earthquake. The short answer: not unless you chose to. The chances are very slim: very few Maine residents buy earthquake coverage.

Maine earthquake insurance costs vary by company, from about $75 to $150 a year for a $400,000 home (much more for a brick home). You can add it on to your homeowners policy. Earthquake coverage carries a high deductible – usually 5% of the insurance amount. In other words, on that same $400,000 home, only damage above $20,000 would be covered. It would probably take much more than a 4.0 quake to cause that much damage.

If you would like a quote for Maine earthquake insurance, call Noyes Hall & Allen at 207-799-5541.

Insurance for a Maine Home with a Wood Pellet Stove or Wood Boiler

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Wood and pellet stoves and boilers have long been a popular source of heat for Maine homes and businesses. However, the vast majority of Maine homes use oil as heating fuel. Recent increases in oil prices have led to greater interest in alternative heating fuels in Maine. This has inspired technological improvements in wood-burning appliances.

Graph of home heating fuels in Maine 2011Source: US Census Bureau, American FactFinder

Insurance companies are often slow to adapt to new technologies and changing behaviors. This is prudent, since they rely on empirical data and the law of large numbers to manage risk. Their risk is much greater in the early years of adoption.

Maine homeowners insurance companies have carefully accepted homes heated by wood, provided:

  • The wood or pellet stove or boiler is a secondary heat source.
  • The primary heat source is controlled by a thermostat.
  • The stove is UL approved and installed in accordance with fire codes.
  • The insured follows woodstove safety tips.

In 2012, one of the insurance companies we represent, announced that they would insure homes, farms and businesses with certain wood and pellet stoves and boilers as the primary source of heat. Unfortunately, that is no longer the case. Homes using pellet or wood stoves must have a thermostatically controlled backup heat source, such as oil, propane or electric.

In addition to the traditional requirements listed above, some insurers require the make and model of the wood stove or boiler, and require the appliance to be:

  • Professionally Installed;
  • Self igniting and thermostatically controlled;
  • Fed automatically by auger or gravity from a bulk storage hopper or silo (pellet fuel only);
  • Protected by a sprinkler head above the unit, if required by code.

For more information about insuring your Maine home or business, contact Noyes Hall & Allen Insurance in South Portland at 207-799-5541. Our Trusted Choice independent Maine insurance agency represents many insurance companies.