Imagine you’re the coach of a football team. The problem is you only have 11 players on your entire team. Now, technically, you can field your team, but every player will have to play every down on offense, defense, and special teams. Would you say you have a full roster? (By comparison, NFL teams have an active roster of over 40 players.)

In insurance cases we often hear drivers say that they have “full coverage.” What is full coverage? In reality, this notion of full coverage is one of the biggest sources of confusion for consumers of auto insurance. When we hear “full coverage” it often turns out to be the bare minimum required by state law to keep a driver legal. In truth, there probably is no such thing as full coverage: Think about a situation in which, God forbid, you suffer a severe back injury as a result of an auto collision caused by a driver without any insurance. The injury requires expensive surgery. You would require an extended period of very expensive medical care, and your family would be without your income for months. Such an event could easily cost $100,000.00 or more in medical bills and lost income alone. Does your insurance policy cover that type of event? What if you were paralyzed? To get you and your family closer to “full” coverage, it is important to look at both the types of coverages you have and the amounts of those coverages.

You are already paying a lot of hard-earned dollars to your insurance company every time you pay your premium. It is well worth it to make sure those dollars are working for you.

Below is a list of the most important coverages you should have to protect you and your family – and many of them are very affordable:

1. Liability Coverage:
This is the coverage required by state law and the only risk it covers is if you cause injury to someone else. The state only requires Ohio drivers to be insured for $12,500.00 (an amount that has not changed in almost 40 years). $12,500.00 will only cover the most basic of medical care. To reverse the example above, if, you were to cause a motor vehicle accident in which someone else was paralyzed, your insurance company would only cover $12,500.00, and that severely injured person would be looking to your personal assets for the remainder. While there is no formula for determining the right amount of coverage for you, policy limits of $50,000.00 or $100,000.00 are often very affordable. You should discuss your specific situation with your insurance agent.

2. Uninsured/Underinsured Motorist Coverage:
In most accidents, this is the coverage that actually “insures” that you and your loved ones will be compensated. If someone else causes the accident and they’re insured, their insurance will cover the loss, but all too often the responsible driver is either uninsured (in which case your uninsured coverage is triggered), or has a policy that is too small to cover the loss (in which case your underinsured motorist coverage may be triggered). Ohio state law does not require that this coverage even be offered any more. Therefore, it’s very important that you verify with your insurance agent that you have as much uninsured/underinsured motorist coverage as you and your family can afford.

3. Medical Payments Coverage:
“Med-pay” coverage can step in and begin paying your medical bills even before you’re fully recovered. As such it can help begin easing the financial impact of an accident before you’re ready to settle. This coverage has always been very important to those without health insurance; now it is equally important for individuals with health insurance. This is because in the last few years, health insurance plans have changed their policies so that medical bills related to an accident are to be paid first through auto insurance, and health insurance will not pay until auto insurance is exhausted. Many folks are not aware that this change has occurred and assume that their health insurance will pay. What is actually going on behind the scenes is a three-way argument among the medical provider, the health insurer, and the auto insurer. This fight is usually not resolved quickly. As a result, a person who has been injured in a car accident can actually suffer injury to their credit as well while the insurance companies point fingers and the bills begin to age.

Please call your insurance agent to discuss these coverage’s. Oftentimes, the amount of uninsured/underinsured motorist coverage, as well as the amount of medical payments coverage, can be dramatically increased on your policy without significantly increasing your premiums. Make sure those premiums dollars are working for you.

Now is the time to reform the credit card industry

Credit card companies, like any other business, should be allowed to make a profit, but increasingly these companies make money through the use of deceptive and misleading fees, interest recalculations, and fluid due dates.

Consumer rights groups have attempted to end these abusive practices for the last several years. Recently, a federal bill was unsuccessfully reintroduced to Congress that would seek the following remedies:

1) Prohibit late fees for on-time payments:
Believe it or not, many credit card companies are instituting late fees even when a payment is received as much as 21 days before its due date because the companies manipulate the “time for repayment” period. The new law would prohibit companies from manipulating these time periods.

2) Eliminate abuses in hidden (double-cycle) finance charges:
Many credit card companies essentially earn two finance charges on the same balance if the balance is paid during a grace period. This practice is usually hidden from the consumer and difficult to understand even when the consumer is aware of it.

3) Finally give consumers the power to control over-the-limit fees:
Consumers have never had the ability to instruct the credit card company to deny any transaction that would trigger an over-limit charge. This law would finally give consumers that ability.

4) Give cardholders timely notice of rate hikes:
Under the new law, credit card companies would have to provide consumers at least 45 days notice before increasing their interest rate so that the consumer could have time to find an alternative credit card provider.

5) Give cardholders greater cancellation rights:
The new law would give cardholders the absolute right to cancel the card when the interest rate has increased and prohibit the application of that interest rate hike when the account has been closed.

6) Give consumers greater control over their credit report:
Currently if you respond to a card solicitation based on a favorable promotional rate (0% APR, etc.) but then receive a card with far less favorable terms, that account will appear on your credit report even if you reject it immediately. The new law would give consumers the right to reject the credit card before that account appears on your credit report.

7) Limit out of control penalty fees:
Penalty fees have increased sharply in the past 10 years. These fees have increased far faster than the cost of living, some approaching $40. The new law would require that the amount of these penalty fees be reasonably related to the cost that a credit card companies incurs due to a late payment.

8) Eliminate unjustified rate hikes and other unfair contract clauses:
The new law would require credit card companies to be honest about the price of a card up front, rather than using bait and switch tactics and hair-trigger penalty rates to double or even triple the rate on debt that has already been incurred.

9) Protecting teenagers and young adults from being burdened with credit card debt for the rest of their lives:
Finally, the new law would address the large number of credit card companies that bait high school and college students with attractive promotions with the goal of getting them hooked on credit cards at a very young age. Under the new law credit card issuers would be unable to open an account for a consumer under the age of 21 unless the consumer has a responsible co-signer, can demonstrate ability to repay, or meets other criteria.

The Act is currently supported by to a variety of consumer groups that are dedicated to insuring fairness in the marketplace. The name of the law is the Credit Card Accountability, Responsibility and Reform Act, or Credit CARD Act. If this is an issue that interests you, please contact your representatives in Washington to urge them to support the Credit CARD Act.

On Friday, November 28, 2008, Mark Willis along with 40 other local medical professionals left Akron, traveled to Kenya on a medical mission.

In addition to being a lawyer, Mark Willis is a licensed EMT (Emergency Medical Technician). The trip was sponsored by Care Kenya (Care-Kenya.org) in affiliation with Ohio University’s School of Medicine, Ohio Northern School of Pharmacy, and Northeastern Ohio Universities College of Medicine. The group operated out of the Care Kenya Medical Clinic in the village of Masara, Kenya.

They saw approximately 3,500 patients in a little over two weeks. As an EMT, Mark Willis had been asked to go on the trip to help with the intake and triage of hundreds of people who would show up at the clinic on a daily basis. In addition to routine well being medical care, the mission group treated wounds, injuries, and diseases. One baby was born at the clinic. Prenatal vitamins were supplied to all pregnant women. A year’s supply of children’s vitamins was distributed to all children. Toothbrushes and toothpaste were supplied to all children and prescription medication was dispensed to all as needed. The mission group took about 5,000 pairs of used eyeglasses. The group obtained an optical refractor and was able to determine prescription for eyeglasses and filled the prescription from the inventory of used eyeglasses. The gift of eyesight was magical and it could be seen on their smiling faces. The days were long, but the work was rewarding.

Allstate recently sued dozens of chiropractic clinics, as well as a few law firms, across the country, claiming that these companies targeted and contacted people who were recently involved in auto collisions through a massive telephone solicitation scheme.

Local clinics named in the lawsuit include Akron Square Chiropractic in Akron, Shaker Square Chiropractic in Cleveland, and Northfield Chiropractic in Bedford Heights.

The lawsuit claims that the defendants are part of an organized attempt to commit insurance fraud and are responsible for more than $10 million in damages as they often billed Allstate for phantom treatments they never performed and consistently over-treated patients.

Certain chiropractors and a few attorneys are notorious not only to the insurance companies but also in the legal community, for bending the rules and placing their own financial interests firmly ahead of their clients. As a general rule, if you are being solicited, particularly by a chiropractor, you should ask around about that company’s reputation before agreeing to sign anything.

It’s important to note that Allstate is not suing any of the patients who received treatment, only the chiropractors and attorneys involved.

From an economic standpoint, many people would say no. Cost of fuel, utilities, and food has risen at a greater pace than wages. This is something people experience everyday. However, are you better off from an insurance standpoint than you were eight years ago? You may think that you have the same company, same policy, with the same limits that you had eight years ago. However, those coverages have changed drastically. Insurance companies have changed their policies to eliminate coverage in certain situations and water-down other cov- erages. The Ohio Legislature has passed laws weakening the regulations under which insurance companies have to operate and weakened the laws requiring what coverages insurance companies have to provide. The Ohio Supreme Court has ruled more and more frequently against consumer rights and in favor of the insurance industry. All of this has led to less coverage for those insured and record profits for the insurance industry.

According to a recent report by The American Association of Justice (AAJ) titled, The Ten Worst Insurance Companies in America, insurance companies consistently raise premiums, deny claims, and refuse insurance to those who need it most while profits are skyrocketing. Allstate, #1 on the list, has been accused of delaying claims, denying valid claims or offering lower amounts and defending claims that should have been paid or settled. In fact, according to the report, the amount Allstate paid out in claims dropped from 79 percent of its annual premium income in 1996 to 58 percent in 2006. This is a savings of .21 on every dollar. This drop allowed Allstate to keep an extra $7.7 billion in 2007 based upon its 2007 revenues.

No one stops to think about the impact a significant injury would have upon them, their life, and their ability to pay bills, or pay for medical treatment until the tragedy happens. These changes in your policy, the legislation, and the laws as interpreted by the courts happen everyday and people are oblivious to the matter. While you cannot change the language in your insurance policy, you can determine which legislator and judge will get your vote. Before you vote in the upcoming local and statewide races, I encourage you to find out where the candidate’s interests really lie. A good tell-tale sign is where their campaign financing is coming from. Is it coming from individuals or is it coming from insurance companies or other special interest groups?

Being involved in a collision is something most people may only experience once in a lifetime. However, the insurance industry makes it their business to be involved with collisions on a daily basis. Even if the other driver tells you at the scene of the collision it was his or her fault the insurance company representing the other driver may not agree.

From the beginning the insurance company may be photographing skid marks, documenting evidence, and talking to witnesses in an effort to build a case proving their driver is not at fault. All of this can be taking place without your knowledge. If you are having a discussion with an insurance representative and they want to take a recorded statement, that should be your clue that it’s time to get a lawyer. The insurance representative will tell you they need a recorded statement for their file or to help understand the claim but the reality is the recorded statement is taken in an effort to lock in your position on issues in the case.

These so-called recorded statements will be transcribed by the insurance company and put in the file. The question begs: who is taking your recorded statement and who is transcribing it. Is it accurate? You will never be given a copy to review for accuracy. The insurance companies never offer to allow you to take the recorded statement of their driver. Your recorded statement will be used against you. If your opinion or position changes after the insurance company denies your claim and you are forced to go to court in an effort to recover your damages, insurance companies love to use the recorded statement to persuade a jury of their position. While a recorded statement may do you no harm, it may be the single piece of evidence that hurts your case the worst and causes you to lose your claim.

If you’ve been injured in a collision and sometimes even if you are not, you will be solicited by medical providers wishing to provide you medical care. If you go to see one of these medical providers, they will ask you to sign documents. These documents give them permission to cut in line in front of you to be paid directly by the insurance company. When it comes time to resolve your claim you may find that there is no money left as some medical provider has taken all the money.
In short, once you are asked to sign documents by anybody or provide a recorded statement, these are clues that you need an attorney.

Transportation headaches can greatly complicate our lives adding stress, wasting time, costing money, and even jeopardizing jobs. Paying too much for a car that breaks down just adds fuel to the fire. Following are some common-sense steps that can help ensure you get a reliable car at a fair price.

Paying a Fair Price:

First, if you can’t afford to pay cash for a vehicle, you should arrange your own financing through your credit union or your bank before you start shopping for cars. Most of the profit the dealership makes, and a sizable chunk of your pay- ment, comes from the higher interest rate that the dealership will arrange when they arrange the terms of the loans. Most dealerships will tell you that they have obtained the best possible rate for you-don’t believe it. You can obtain the best rate for yourself, again, through your own credit union or bank.

Second, do not lease. There are rare exceptions where a lease makes sense when it involves a small business or self-employment, but for the most part, leasing is a bad idea. Third, as a general rule, you shouldn’t pay over $2,000 or $3,000 for any vehicle over 10 years old, unless you know the vehicle’s history or you’re buying it from a trusted relative or friend.

Finding a Dependable Car:

Once you’ve limited your search to a specific vehicle, obtain a Carfax on that vehicle – it is well worth the cost of the report (typically $30) to help verify that the vehicle has a clean history. Secondly, if the Carfax report is clean, you should consider asking to take the vehicle for an inspection away from the dealership, by a mechanic certified by that vehicle’s manufacturer. If you’re looking at a used Chevy being sold by a Ford dealership, you want to take that Chevy to a Chevy dealership to have it inspected. The cost of inspection is typically around $80 to $100; this is money well spent on the front end to avoid any unpleasant and potentially costly surprises down the road. If the dealership won’t let you do this, you don’t want to do business with that dealership.

Don’t give up your rights:

Warranties differ greatly from sale to sale. Read your warranty documents and make sure you understand what protection you are getting and what protection you are not getting prior to signing the contract.

Finally, make sure you’re not waiving your legal rights. Do not agree to a binding arbitration. Recently, dealerships have been slipping anti-consumer arbitration terms into their contracts which effectively stamps out your most important legal rights. If the dealership insists on making you sign an arbitration clause, you do not want to do business with that dealership.

The right to a trial by a jury of your peers is provided to every citizen by both the United States Constitution and the Constitution of the State of Ohio. Who are your peers?

In Ohio, jurors are drawn from the rolls of registered voters. If you are not a registered voter, you will not be called for jury duty.

The insurance industry and big businesses encourage their employees to parti- pate in the jury process. They pay their employee while he or she serves as a juror. Why? They want to be your peer. Big business wants a voice in the jury room.

The vast majority of cases that are filed as a lawsuit in the court never go to trial. Most cases typically settle along the lines of what jurors have decided in similar cases. If juries routinely award $50 for a broken arm, then cases will settle for $50 for a broken arm. If juries, however, only award $10 for a broken arm, no insurance company will pay $50 to settle the case. If you want $50 then you will have to go to trial and ask a jury for $50. Who will be on your jury? Will your jury have people like you?

By stacking the jury with people carrying their message, the insurance industry is constantly working to lower verdicts. By lowering verdicts the insurance industry lowers what they have to pay to settle cases and in the end save money.

While some people view jury duty as an inconvenience, its benefits should be recognized. Service you provide as a juror may affect the value of a claim brought by you or your family member in the future. You never know when it might be you who’s injured as the result of someone else’s negligence. Along with the right to vote, jury duty is one of the most importance functions we perform as citizens to maintain our democracy. Make your voice heard, not just on Election Day but in the jury room too!

Twice in the last year we have obtained awards for cases involving serious infec- tions that developed after a collision that at first blush caused relatively minor injuries. We had clients who developed internal infections months after a collision. These infections required significant surgical and hospital care. We succeed in medically linking those infections to injuries caused in the collision. Injuries can surface over time and that is why insurance companies always rush people to sign a release shortly after a collision.

This year we concluded an automobile collision case in which we negotiated additional insurance coverage for the collision through a homeowner’s policy. Homeowner’s insurance provides broad liability coverage to cover the insured for any liability arising from their negligence. Homeowners’ policies then list pages and pages of exclusions that carve out many situations and usually all situations involv- ing an automobile. In the end, the blanket coverage of home- owners insurance coverage looks like a moth eaten blanket. In this case, a person was fatally injured in an auto collision and died. We succeeded in proving that the homeowner’s insurance coverage also applied to the collision. We also argued that the homeowner’s insurance policy was in excess to any other coverage. The insurance company argued that the maximum coverage available was the $100,000 limits under the automobile insurance policy. Ultimately, the insurance company paid the complete amount of insurance available, $200,000. This repre- sented an additional $100,000 from the homeowner’s policy. Results like this are achieved by attorneys who are willing to do a thorough investigation and think resourcefully. This also illustrates why it is worth considering carrying large limits on your own auto and homeowner’s policies. $200,000 may not sound like much for someone’s life, but there was no other insurance available. Uninsured/ Underinsured coverage could pay more if coverage existed in excess of $200,000. Do you know what is in your policy?

Recently, in another hard-fought case, our office successfully obtained additional coverage for a young woman who sustained serious permanent spinal injuries in an auto collision. The driver who caused the collision only had $50,000.00 in cov- erage, which did not even cover the victim’s medical bills. We argued that she was covered under an additional policy of insurance issued to her stepfather, who resided in her household. The insurance company strongly disagreed, but the Court ruled in our favor and we reached a settlement, putting additional compen- sation in the hands of our client. Are you fully insured?

You have seen their ads. You have seen their trucks driving up and down the road; you have seen their billboards, and some of you have received letters in the mail from them. Yes, lawyers advertise for your personal injury case, and some of them advertise a great deal. They may be hard at work advertising to get your business, but do they work hard on your case? They generally do not. They do not try cases; they settle them for whatever the insurance company is willing to pay because the bulk of their time and energy is spent on advertising. Trying cases is hard work and takes a lot of time. Those of you who have actually been through a trial know this. Our business motto is to take care of our clients and they will take care of us. Lawyers who solicit injury victims maintain a “get as many claims as possible”motto. The insurance companies do not respect or fear the soliciting lawyer. For example, last year an insurance company offered $6,000 on a claim with a soliciting lawyer. The injured person did not think that was enough. The injured person asked us to take over the case and we resolved the case for $90,000.

We have represented many clients who began their legal cases with soliciting lawyers. They have come to us either because they realized that they had made a mistake or the soliciting lawyer referred the case. Oftentimes, however, by the time of the referral the case is several years old and the case has been bungled. What do the soliciting lawyers do with cases? Some give cases to new attorneys working for insurance defense firms so that they can get experience trying cases. Those cases end up being tried by lawyers who have little or no experience and work for a company geared toward representing the insurance industry.

Why do I tell you all of this? Recently, a long-time client called me to complain about a lawyer they hired to handle their case. He had settled it for what they felt was a paltry sum. The former client had responded to a solicitation letter after a traffic collision. I asked the former client, why did he hire the soliciting lawyer? He said that he assumed that I did not want the case because I did not send him a letter. Quite the opposite is true. I would have been glad to handle his claim. In addition, I believed it was a good claim. Soliciting lawyers spend their energy every day buying police reports from all the local police agencies to gather information and send out their solicitation letters. That is time and energy I sepnd every day working on cases of the clients I have. We refuse to send out letters to crash victims just to get new clients. If you would like proof of our track record, check out our website at www.willislegal.com.

In the last year, we have tried four cases in the trial court. In reality, most attorneys who handle personal injury claims probably don’t try one case in a year. those who actually try cases may only try a couple in a year. over the years, we have handled thougsands of cases in trial court, the Court of Appeals and the Ohio Supreme Court. We also have been actively engaged with our elected state representatives who craft legislation and policies that effect every Ohioan. We have been asked to lecture on legal issues and educate other lawyers on a statewide basis. Recently, an insurance defense lawyer who does a lot of work for State Farm told me they considered us dangerous. They know that not only will we file a lawsuit when warranted, but we will also actually go to trial. Our successes against this company speak for themselves. Coming from an insurance company “Dangerous” is a high compliment.

The next time you or someone you know gets a solicitation from another lawyer and you think you have a claim, I suggest you seek out a lawyer who spends time working on cases as opposed to the next solicitation letter.

-Mark Willis