Several instances have emerged over the past few years where  child pornographer drive around looking for unsecured wireless signals and using that wireless network to download their illicit materials via a laptop computer.  Should this activity be discovered and the network activity traced back to the source, your home’s IP (Internet Protocol) address would be the point of origin– leaving you vulnerable to criminal prosecution, as “probable cause” for your arrest would be your home’s IP address which leads back to you and your network.  Proving that you weren’t the one who used your network to download the illegal data can be problematic, as proving that you don’t own or use the device that accessed that data is nearly impossible. 

Aside from a child pornographer, another culprit for this type of unsanctioned downloading activity is someone that downloads illegal copies of music, movies, or software.  All too often, you can find someone in the next apartment or home piggy-backing on your unsecure wireless signal to download their “free” games, movies, or worse.  With the RIAA cracking down on such illegal downloading, your IP address would be the one they traced as being the source, and again, you have exposed yourself to potential litigation.

Your best defense is to enable wireless security on your network.  Using WPA or WPA2 security is built in to every wireless router you can buy, and setup isn’t too difficult.  If you need assistance with setting up your wireless security, I can recommend the services of Bayou Technologies, a local small business that has serviced my business and personal computing needs for several years.  For Lake Charles computer repair and wireless networking for both Macs and PCs, give them a call. 

Don’t get caught with your guard down!  Enable wireless security on your wireless network and avoid getting accused for something you didn’t do.

If you choose medical payments under your policy, you and every passenger “occupying” your vehicle during an accident will be entitled to collect up to the maximum amount of medical payment coverage purchased—regardless of whether you are at fault, or not. These medical expenses, however, have to be incurred within one year and they must be causally related to the accident. In some cases, medical treatment extends beyond one year from the date of accident and these bills may be submitted up to three years after the accident date for payment or re-imbursement.

The Courts have liberally construed what it means to be “occupying”’ a vehicle for medical payments coverage to apply. For example, an insured was sitting on top of his automobile watching a parade and was injured by a thrown trinket or bottle and was permitted to collect under his medical payments coverage. The issue of “occupying” one’s vehicle can be a bit tricky and it advisable to consult an attorney if one believes he/she may fall into one of these grey areas.

Those with health insurance may ask “why do I need medical payments coverage if I have health insurance?” One of the simplest answers is that health insurance still requires costly deductibles and ever-increasing co-pay percentages. Medical payments coverage will cover these costs (provided you purchase sufficient coverage amounts). Moreover, medical payments coverage may be a source of funds to pay for your personal injury claim against an at-fault driver. If an at-fault driver is carrying the minimum liability limits required by law, there may not be enough funds to fully compensate you for all your medical bills, wage loss and pain and suffering. If the at-fault driver does not have sufficient insurance coverage, your auto insurance company will waive subrogation (right of re-imbursement) from the at-fault insurer for money spent on your bills.  In other words, more money in your pocket. Health Insurance companies are not so forgiving when it comes to their right of subrogation.

For those who don’t have health insurance, medical payments coverage is even more critical. I have read several articles that suggest people don’t need medical payments coverage, as the at-fault driver’s insurer will be responsible for the bills; this is utter nonsense. (Oddly enough, this article had ads for a major insurer all around the article). The other driver’s insurance company is not going to pay your medical bills up-front to help you build your case against them. They will ultimately look at settling your case once you are through with your treatment; but up to that point, you are on your own regarding how you will pay all your medical bills and diagnostic testing. And if the injuries are severe enough, treatment can drag on for months if not years. Health care providers will not wait around until your case is resolved. You will hear from their collection agency or lawyers long before that happens.

There are also instances where an insured may be able to stack medical payments coverage under two separate automobile policies. I will address this issue in a future blog, as stacking can also apply to underinsured/uninsured motorist coverage as well.

All in all, “medical payments” coverage is a valuable coverage to have and I recommend to my clients to purchase it along with “underinsured motorist” coverage. On a side note, always elect to have “regular” underinsured motorist coverage. Never let an insurance agent sell you “economic only” underinsured motorist coverage. Until next time, drive safely.

Alvin D. Hunt
Attorney-at-Law

UM is a separate coverage you can purchase to protect yourself from at-fault drivers whose insurance limits may be insufficient to cover medical bills and wage loss you may incur in case of an accident. (This coverage can cost as little as 20% more of your annual premium). UM coverage also protects you from at-fault drivers who carry no insurance whatsoever. The number of these drivers on the road is alarming, and it is advisable to take this into consideration when purchasing auto insurance.

Some may ask why they need UM coverage if they have health insurance. Even if one has personal health insurance, the rising cost of health insurance has forced many to substantially raise their deductibles, and co-pay percentage can be very costly as well. UM coverage is an excellent source of insurance to pay these costs should one become involved in an auto accident.

There are two types of UM coverage: “Regular UM” and “Economic-Only UM.” NEVER BUY “ECONOMIC-ONLY” UM COVERAGE! You save a few pennies, but you waive all rights to collect any damages for pain and suffering. Tell your insurance Agent you want “Regular” UM coverage.

The Hunt Law Firm recommends to its clients that they discuss their auto insurance coverage with their insurance agent, in detail, and not make such decisions in haste. Insurance coverage is a serious decision—one that can create serious financial hardships if you do not adequately protect yourself and your family.

CPSC has received reports of five deaths and 16 near strangulations, since 2006, in Roman shades and three deaths, since 2001, in roll-up blinds. Strangulations in Roman shades can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around his/her neck. Strangulations in roll-up blinds can occur if the lifting loop slides off the side of the blind and a child’s neck becomes entangled on the free-standing loop or if a child places his/her neck between the lifting loop and the roll-up blind material.

“Over the past 15 years, CPSC has been investigating window covering hazards and working with the WCSC to ensure the safety of window coverings. We commend the WCSC for providing consumers with repair kits that make window coverings safer and look forward to future steps to eliminate these hazards,” said Inez Tenenbaum, CPSC Chairman.

Over the years, CPSC has been investigating deaths associated with different types of window coverings and has worked with the WCSC to address the hazards posed by them. In 1994 and in 2000, CPSC and WCSC announced recalls to repair horizontal blinds to prevent strangulation hazards posed by pull cord and inner cord loops. As a result of CPSC investigations, the industry has modified its products and provides free repair kits for existing horizontal blinds and other window coverings. In October 2009, CPSC issued a new safety alert to warn parents about the dangers associated with window coverings.

Consumers that have Roman or roll-up shades in their homes should contact the WCSC immediately at www.windowcoverings.org or by calling (800) 506-4636 anytime to receive a free repair kit.

To help prevent child strangulation in window coverings, CPSC and the WCSC urge parents and caregivers to follow these guidelines:

Examine all shades and blinds in the home. Make sure there are no accessible cords on the front, side, or back of the product. CPSC and the WCSC recommend the use of cordless window coverings in all homes where children live or visit.
Do not place cribs, beds, and furniture close to the windows because children can climb on them and gain access to the cords.
Make loose cords inaccessible.
If the window shade has looped bead chains or nylon cords, install tension devices to keep the cord taut.

Repair Kit Hotline: (800) 506-4636
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
WCSC Media Contact: (212) 297-2100

Unfortunately, Louisiana still lags far behind the rest of the nation when it comes to minimum liability limits required for its citizens. Texas, Arkansas and Mississippi have all adopted a minimum requirement of 25/50/25 for its citizens, and Texas will increase its limits to 30/60/30 in 2011. The net effect of Louisiana not requiring sufficient liability limits is it exposes victims of automobile accidents to financial hardships should the at-fault driver’s coverage be insufficient to pay all of the victim’s medical bills and lost wages; moreover, insufficient liability limits also expose motorist to potential excess Judgments should they injure a third party and their auto insurance is insufficient to pay for the victim’s damages.

The Hunt Law Firm strongly encourages its clients to sit down with their insurance agent and discuss, in detail, their auto insurance policy. Clients should ensure their liability limits equal the equity of their assets. For example, a client’s auto liability limits should, at least, equal the equity built up in one’s home. Moreover, clients are strongly encouraged to elect to have uninsured/underinsured motorist coverage added to their policy (regular UM—NOT ECONOMICALLY ONLY!!). This protects an injured policyholder should the at-fault driver’s liability limits be insufficient to cover all the damages a policyholder may sustain.

Alvin D. Hunt
Attorney at Law