12 minute read
UM/UIM New Rights
After many years of significant efforts by the New Jersey Association for Justice and other consumer groups, New Jersey Governor Murphy finally signed the Insurance Fair Conduct Act. The Act provides a first-party cause of action against insurance companies when they unreasonably delay, deny or underpay legitimate claims in uninsured or underinsured motorist cases. For those of you who may not know, UM (uninsured motorist coverage) benefits are those that are paid to a driver or passenger in an automobile when a phantom (or unidentified) vehicle or an uninsured vehicle causes injury or damage to a person in an insured vehicle. UIM (underinsured motorist coverage) is that which protects a person in the instance of bodily injury or property damage when the at-fault party lacks sufficient coverage. For years, insurance companies in New Jersey have not had to promptly pay on these claims to their first party insureds because there was no reason to pay these claims quickly and promptly. If they waited long enough, perhaps their insureds died or had other accidents making those claims less valuable. There was no downside to the insurance company waiting it out or offering significantly less than the actual value of the case. Why was that? Because no damages were accrued to the company over and above the actual coverage that the insured had. For instance, if an insured had a $100,000 available UIM claim against their own insurance company for a claim which ultimately received a verdict of $1 million, the most the insurance company would ever have to pay was the $100,000. The Insurance Fair Conduct Act puts teeth into trial counsel insistence that the insurance company pay fair and adequate settlements to an uninsured or underinsured party when appropriate. The greatest enhancement is the expectation of treble (triple) damages, attorney fees as well as damages and costs if the company violates the Fair Practices Act.
The law states:
In addition to the enforcement authority provided to the Commissioner of Banking and Insurance pursuant to the provisions of P.L.1947, c.379 (C.17:29B-1 et seq.) or any other law, a claimant may, regardless of any action by the commissioner, file a civil action in a court of competent jurisdiction against its insurer for: (1) an unreasonable delay or unreasonable denial of a claim for payment of benefits under an insurance policy; or
continued on pg. 37
The Law Office of Mitchell H. Portnoi
Decades of Experience in Personal Injury and Workers’ Compensation
The Law Office of Mitchell H. Portnoi is centrally located in Mountainside, New Jersey. Our Firm concentrates on handling cases throughout Northern and Central New Jersey. We specialize in serious motor vehicle accidents, slip and fall injuries, work-place accidents and workers’ compensation cases. We have recovered millions of dollars for our clients throughout our combined years practicing law; which are a million reasons why you should retain the attorneys at The Law Office of Mitchell H. Portnoi, P.C.!
MITCHELL H. PORTNOI is a Certified Civil Trial Attorney, certified by the New Jersey Supreme Services including:Court licensed to practice in New Jersey and New York. KYLE S. REED is an Associate in the Firm, licensed to practice law in New Jersey in 2018. Kyle has already litigated numerous cases to a verdict or towards a favorable resolution for the clients he has represented.
To Schedule a Free Consultation: Call 908-228-8800 and ask for either Mitchell H. Portnoi or Kyle S. Reed, or contact our office online at mportnoi@portnoilaw.com or kreed@portnoilaw.com. Many people worry about the cost of hiring an attorney to represent them in their personal injury or workers’ compensation cases. We will charge you no attorney’s fee unless we recover a settlement for you.
The Law Office of Mitchell H. Portnoi P.C. 1199 US-22, Suite 301 | Mountainside, NJ 07092 | (908) 228-8800 | Fax (908) 228-8115 | www.portnoilaw.com
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continued from pg. 18
took a leave from school with the goal of returning. That never happened.” But he has zero regrets. He was meant to work in this business, doing what he enjoys. “Back in the day, when I physically did repairs, I always enjoyed fixing something that was damaged and seeing the final product. Running the business is also interesting to me, and I enjoy learning about it continuously. There’s always something you need to know, something to learn, and to this day, it hasn’t stopped.” With over 60 years under their belt, Parkway Auto Body’s success can be attributed to three main factors: Performing the right repair, curb appeal and the customer experience.
Customers keep coming back because they know the shop is clean and presentable, they want their car fixed the right way, and they know that Parkway Auto Body is the shop to do those things. Most important of all is the positive experience they get from the time they drop off their car until they pick it up. The team strives to exceed their customers’ expectations, always keeping them up to date throughout the process with a personal touch via phone calls, texts and emails. They also make sure to document every customer contact, so nothing is ever missed. Cleanliness in and out of the shop is another key factor, which Glenn learned from his father and never stopped carrying out. Glenn and his father Bobby
It also takes continuing education to stay ahead in a complex industry like collision repair, so he frequently attends seminars and hosts educational and motivational seminars for his employees. Back in the 1990s, Glenn got involved with the Automotive Service Association of New Jersey (ASA/NJ) serving as a Board member and later as president. He recalled the days of working closely with all involved with the merger with Garden State Federation to form what is now AASP/NJ.
“That’s where it all started for me,” he says of his longtime association with AASP/NJ. “I would go to industry seminars and take in as much knowledge as I could. I made lifelong friendships all around New Jersey and outside of it by being part of the association and serving as president..” He strongly believes working together and taking part in the educational offerings AASP/NJ provides is key to all auto body shops.
“A lot of guys don’t get it. They want someone to come in and rescue them. It’s about putting in the time, doing the extracurricular things to learn and grow. Everything AASP/ NJ has to offer is something that no shop should ignore.”
As for the future, Glenn can’t be certain if more growth will be on the horizon. He hadn’t set out to expand into a second location – the cards fell in place naturally; however, with the face of repair changing every day as more technology advances and EVs come into play, there just may be a need for further growth in the future. For now, Parkway Auto Body will continue to go above and beyond for their customers at both their locations.
continued from pg. 34 (2) any violation of the provisions of section 4 of P.L.1947, c.379 (C.17:29B-4). b. In any action filed pursuant to this act, the claimant shall not be required to prove that the insurer’s actions were of such a frequency as to indicate a general business practice. c. Upon establishing that a violation of the provisions of this act has occurred, the plaintiff shall be entitled to: (1) actual damages caused by the violation of this act; (2) prejudgment interest, reasonable attorney’s fees, and all reasonable litigation expenses; and (3) treble damages.
My practice consists of significant numbers of UM/ UIM cases. Having this arrow in my quiver allows for the prompt resolution of numerous cases and a significant hammer for those cases where an insurance company decides to withhold a reasonable offer or delay the same. Should anyone have any questions about these types of cases, please call me at (908) 228-8800.
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continued from pg. 29 part, we have to call and verify the part will arrive in time for their scheduled appointment. We have to constantly check on things to make sure a customer never falls through the cracks.”
McNee has been practicing the same.
“Before a customer comes in, we have to call and check on these parts. We have to set the stage and verify because, if something is on backorder, it will do us no good to bring the vehicle in.”
Massimini also goes out of his way to make sure communication with customers has been honest and upfront at the start.
“I don’t want to be doom and gloom, but I make sure to cover the worst case scenario with them,” he explains how he addresses delays. He makes it a point to explain the insurance delays and parts issues as “an ounce of prevention goes a long way” and has even kept his customers involved in all forms of communication on their vehicle status.
“We try to get them to plan for the worst but hope for the best. That way if something does go wrong, they are aware of it. I can’t control how long their insurer will wait on a claim or how long parts issues will take. Another thing I do is not take any payment until the work is done; that way, they know I am not taking their money and then dragging out their repair. I want to make sure they know I am not playing games with them.” Miller is looking at the backlog problem as an opportunity to learn and continue to find ways to improve internally. With parts delays still being an issue, although not as bad as it was, he’s found new ways of approaching scheduling. His shop is also exploring new ideas and ways to market his business in preparation for the return to normalcy.
As for the dynamic of the business and where we are headed, perhaps Trama’s thoughts sum it up best: “I learned that we were very spoiled years ago. Things have been turned upside down. At one time, if you had a bumper job, you knew how quickly you could get the part if you ordered it at 3pm. We were spoiled by having parts readily available to us at all times. It’s now changed cycle times and the way we do business. It’s difficult to give our customers a completion time with so many unknown factors.”
As the summer winds down and the final quarter of the year approaches, one can only hope that any signs of improvement are sure to bring along easier times – and with that – long overdue sighs of relief.
You’ve got the right tools, staff, technology and procedures to give your customers the best repair possible. The missing piece of the puzzle? Genuine Volkswagen Collision Parts. Contact an authorized dealer today and find your perfect fit.
Flemington Volkswagen
213 Route 202/31 Flemington, NJ 08822 TOLL FREE: 877-657-2787 FAX: 908-782-1795 email: rmuir@flemington.com www.NJPARTS.com
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118 Morristown Road Bernardsville, NJ 07924 TOLL FREE: 877-318-6557 LOCAL: 908-766-1600 FAX: 908-766-6171 Email: aaitchison@paulmiller.com www.paulmillervw.com
Douglas Motors
491 MORRIS AVE. SUMMIT, NJ 07901 PHONE: 908-277-1100 FAX: 908-273-6196 TOLL FREE: 800-672-1172 www.douglasvw.com email: douglasparts@douglasautonet.com
Trend Motors
221 Route 46 West Rockaway, NJ 07866 888-267-2821 fax: 973-625-4985 www.trendmotors.com email: dreinacher@trendmotors.com
Crestmont Volkswagen
730 ROUTE 23 NORTH POMPTON PLAINS, NJ 07444 TOLL FREE: 800-839-6444 fax: 973-839-8146 www.crestmontvw.com email: vwparts@crestmont23.com
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