Christopher Tidball

Christopher Tidball, Author

THE ADJUSTER
Christopher Tidball

WELCOME TO ASK
THE ADJUSTER

Submit Your Question
Chris Tidball is a recognized leader on insurance claims, having spent more than 20 years with leader insurers in adjusting, management and leadership roles. While he has testified on insurance related matters in federal and state court, and his training sessions have been approved by various states for CE credits, he is not a lawyer nor a medical provider. This forum is to provide basic claims information to answer commonly asked questions to help people navigate the claims process. If you need legal advice, please consult with an attorney. If you need medical treatment related to a claim, please consult with a medical provider.
Uncategorized

Business Interruption, Corona Virus and the Deep State

Dear Adjuster,

My business, a local bar, was forced to shut down due to the corona virus outbreak.   I have two questions?   First, can I make a claim under my policy for business interruption?   Second, as I was reading your book, Deep State, it struck me that there could be something more sinister than just a pandemic?   What are your thoughts?

Frustrated and out of work!

Dear Frustrated,

Without seeing your policy, I could not interpret the language.   You would need to review the exclusions and see what it states regarding pandemics.   Policy language varies by state and company.   I would suggest your agent as a great place to start, and if they can’t answer, then perhaps your business attorney can give you guidance.     As for something more sinister, there are many questions that still remain to be answered.  While Deep State does not discuss a pandemic, the prequel, Swoop & Squat uses the premise of a pandemic to sway the outcome of an important election.

In this particular situation we do know that the virus, Covid-19, is real.   Whether it began in a market or laboratory in Wuhan, China, will be debated for a long time, although that city is the home to suspected bio-terror labs.    If you look at the numbers, versus what is being reported, the pandemic is perhaps being sensationalized by the media.   Yes, there are deaths and taking measures to prevent the deaths is important.   But, so is your job and the economy as a whole.   Taking the sledge hammer to the most prosperous economy in history may have consequences far greater than the consequences of the virus.   In looking specifically at data shown in the NYC Health Department site (As of 4/9) 98.3% of Covid-19 patients who died had pre-existing conditions.   The question now is whether people are padding the pandemic?   A recent infant death in Connecticut was reported as Covid-19 related, yet the infant suffocated.   Heart attack, stroke and other causes of death are suddenly declining, as more deaths are reported as being related to the virus.

To you point, could there be something more sinister going on?   It is an election year with a president who is wildly unpopular but likely to win re-election in a good economy.  Every attempt to unseat him has failed, so perhaps if there is collusion between the Deep State and the Chinese government, who are very upset over new tariff’s, to tank the economy, they view this as the Hail Mary for a victory in November.

As for your business, I wish you the best and hope you can reopen sooner than later.   I would also suggest logging into the SBA site and applying for their emergency disaster relief loans that may keep you and your staff afloat for a while.

""/
PIP

Can my wife get sued if I am driving her car?

Dear Adjuster,

My wife was telling me that I shouldn’t drive her car anymore. We don’t have any tickets or accidents but she said that if I am driving and have an accident we both could get sued. That doesn’t make any sense?

Jacksonville, Florida

_________________________________________________________________

Dear Jacksonville,

Your wife is right In Florida, and some other jurisdictions, vicarious liability can apply to automobiles. If you are driving your wife’s car and cause an accident, you could be sued as the negligent driver and your wife could be sued as the owner. In my own situation, my car is solely in my name and my wife’s car is solely in her name. As for our children, as soon as they turned 18, their cars were placed solely in their name. If you have legal questions about this, you may want to consult with an attorney who can best share how to protect your assets.

""/
Parked Car

Should I file a claim?

Dear Adjuster,

My daughter had a hit and run accident while her car was parked. The damage wasn’t excessive. Should I submit it to my insurance company or just pay to have it repaired? I don’t want my insurance rates to go up.

Shelly M.

__________________________________________________________________

Dear Shelly,

What a great question and one of the most commonly asked.   What you are describing is a not at fault accident, which should not impact your rates.   However, you may have a deductible to consider.  You should contact your agent, who will know your carrier better than anyone, and discuss the situation with them.

""/
PIP

What is PIP? What is No Fault?

Dear Adjuster,

I recently had an accident and filed a claim for PIP benefits.   The company keeps referring to no-fault.  What is the difference between no-fault and PIP.

Confused

Dear Confused,

PIP and no-fault are often used interchangeably, but there is also a differentiation.  PIP stands for Personal Injury Protection and is a coverage mandated in 13 states.  No fault is a concept designed in the 1970’s to reduce litigation but having people file medical claims related to car crashes with their own insurance company.   Today, there is only one true no-fault state in the U.S., Michigan, whereby accident victims file both medical and collision claims with their own company.   In all PIP states there is recourse against an at fault party for injuries that exceed either a verbal or monetary threshold.

"CONFUSED
Auto Wreck

Confused in Islamorada

Dear Adjuster,

I was in the parking lot at the grocery store and another car backed into me. I filed a claim with my own insurance company and they paid less my $1000 dollar deductible. Now they are telling me that I will only get half of that back. What gives?

Confused in Islamorada


Dear Confused,

Insurance coverages, policies and laws can be very confusing. Many states, including Florida, have a pure comparative negligence law. This means that a person can pursue another party involved in the loss for the percentage for which they are at fault. For example, if a person is 99% at fault, they can still seek the 1% for which they are not at fault. In a parking lot accident, it is very common to have shared liability. Two vehicles backing into one another with no witness may result in a 50/50 settlement. This may be an agreement between the two carriers, or it may have been settled via Inter-Company arbitration if the carriers were members.

1 2

SPONSORS

ADVERTISEMENT

ADVERTISEMENT

Merkley Marketing Group

ADVERTISEMENT

ADVERTISEMENT

Follow us

Privacy Settings
We use cookies to enhance your experience while using our website. If you are using our Services via a browser you can restrict, block or remove cookies through your web browser settings. We also use content and scripts from third parties that may use tracking technologies. You can selectively provide your consent below to allow such third party embeds. For complete information about the cookies we use, data we collect and how we process them, please check our Privacy Policy
Youtube
Consent to display content from Youtube
Vimeo
Consent to display content from Vimeo
Google Maps
Consent to display content from Google
Spotify
Consent to display content from Spotify
Sound Cloud
Consent to display content from Sound