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ON
TRACK WITH RAILWAY CLAIM SERVICES, Inc. Volume 13 Issue RAILWAY
CLAIM SERVICES, INC. Our
19th Year of Service BACKGROUND
CHECKS QUOTES
FROM HISTORY AUTOMOBILES RANKED BY LOSSES LIGHTNING CLAIMS, COSTS MOVE IN OPPOSITE DIRECTIONS RAILROAD
INDUSTRY ACCIDENT 2005
STATISTICS ON FATAL INJURIES IN THE UNITED STATES THE
13th ANNUAL RAILROAD LIABILITY SEMINAR J.D.
POWERS: CLAIM-HANDLING PRACTICES VITAL TO SATISFACTION COLLECTIONS? RAILWAY
CLAIM SERVICES, INC. WEBSITE POINTS
OF LEGAL INTEREST RCSI
INFORMATION BACKGROUND
CHECKS & 49 Railway
Claim Services, Inc. (RCSI) can perform background checks for potential job
applicants. RCSI can also check
injury histories for employees. For
further information contact Elizabeth Vineyard of RCSI at Background
checks are required for new employees under the Haz Mat Security Plan
implemented by If
your railroad has not yet implemented 49 QUOTES
FROM HISTORY Is
life so dear, or peace so sweet, as to be purchased at the price of chains and
slavery? Forbid it, Almighty God! I know not what course others may take; but as
for me, give me liberty or give me death! Patrick Henry, Beware
of him that is slow to anger; for when it is long coming, it is the stronger
when it comes, and the longer kept. Abused patience turns to fury.
Frances Quarles These
are times that try men's souls. The summer soldier and the sunshine patriot
will, in this crisis, shrink from the service of their country; but he that
stands now, deserves the love and thanks of man and woman.
Thomas Paine The
Constitution is not an instrument for the government to restrain the people, it
is an instrument for the people to restrain the government - lest it come to
dominate our lives and interests. Patrick
Henry No
arsenal, no weapon in the arsenals of the world, is so formidable as the will
and moral courage of free men and women. Ronald
Reagan AUTOMOBILES RANKED BY LOSSES The
Highway Loss Data Institute, a nonprofit public service organization closely
associated with and funded through the Insurance Institute for Highway Safety,
recently published its annual survey on insurance injury, collision, and theft
losses of passenger cars, pickup trucks, and SUVs. Injury
losses indicated the relative frequencies of injury claims per insured vehicle
year filed under personal injury protection coverages in the 17 states that
offer it, according to the study. Also
called no-fault insurance, personal injury protection coverage pays for
medical/hospital/other expenses incurred by occupants of insured vehicles, up to
specified limits, regardless of fault in the crash. Topping the list in this
category was the Suzuki Aerio. The
model had injury losses that were 135 percent higher than the reported average.
It was closely followed by the Dodge The
study also looked at collision losses, which indicate the relative average loss
payments per insured vehicle year filed under collision coverages.
Collision insurance provides reimbursement for the cost of repairing
crash damage to insured vehicles, less a specified deductible amount. The
automobiles ranking highest in this category included the Mitsubishi Lancer
Evolution 4WD model (328 percent above average), the Dodge Finally,
the study examined theft losses, indicating the relative average loss payments
for theft per insured vehicle year filed under comprehensive coverages.
Leaders in this category included the small-car Mitsubishi Lancer
Evolution 4WD model (a whopping 448 percent above average), the small sports-car
classified Honda S2000 convertible model (418 percent above average), and the
luxury extra-large classified BMW 7 series 4-door model (331 percent above
average). Results
were based on the loss experience of 2003-05 models from their first sales
through May 2006, according to the study. For vehicles that were newly
introduced or redesigned during these years, the results shown in this
publication are based only on the most recent model years for which the vehicle
designs were unchanged — either 2004-05 or 2005 only. Results were grouped
according to vehicle body style and then according to size. A total of 372
vehicles were listed. The
complete results of the HLDI’s study can be found by clicking
here . Editors
Note:
The following inclusion on “lightning claims” is included not because
we are really handling these type of claims, but because we thought it was
interesting, and because maybe, just maybe, there is a corollary to some of the
other property damage claims in which we could become involved, "People are
purchasing . . ." those high end big ticket items, to include automobiles
and all that we add to those autos….could this explain (in part) an increase
in the cost of settlement of crossing accident claims?
LIGHTNING CLAIMS, COSTS MOVE IN OPPOSITE DIRECTIONS The
Hartford Financial Services Group, a provider of investment and insurance
products, said its company records showed that the number of lightning-related
homeowners’ claims is declining, but the total cost of those claims is rising
significantly. According
to the company’s data, the number of lightning-related claims declined by 48
percent from January 2001 through July of 2006, while the cost of replacing
property and belongings grew by 77 percent during that same period. Company data
also showed that 73 percent of all lightning-strike claims in those five years
were reported during the months of June through September. Thirty-seven percent
of total lightning losses, the greatest amount, occurred in the Southeast
region, while the Northeast, in second place, generated 18 percent. “When
you think about it in terms of consumer trends and the cost of living, it does
make sense," said Vicky Pace, assistant vice president of claims at The
Hartford. "People are purchasing many more higher-end appliances and
electronics, such as flat screen televisions, home theatre systems, computers,
and office equipment, which can be very expensive to replace when damaged. Labor
and material costs associated with rebuilding have also been rising and can add
to the price tag of a claim." More information is available at www.thehartford.com
. ++++++++++++++++++++ Insurance
company claims payments equal 11% of state income in ++++++++++++++++++++ RAILROAD
INDUSTRY ACCIDENT Through
2006’s first half, The
roads’ six-month train accident rate of 3.39 per million train miles was 4.2
percent lower than the full-year record of 3.54 per million train miles set in
1997 and 18.4 percent below first-half 2005’s accident rate. The number of
train accidents dropped 16.1 percent and yard accidents - which comprise more
than half of all train accidents - declined 20 percent compared with first-half
2005 data. In
addition, the six-month employee casualty rate decreased 9.9 percent, total
employee fatalities fell 54.5 percent and rail-related fatalities dropped 5.9
percent. The first-half grade crossing incident rate declined 2.7 percent but
total number of fatalities increased 5.8 percent compared with first-half 2005
data. Meanwhile, the six-month trespasser incident rate dropped 3.6 percent
while the total number of fatalities remained the same. Railroads
are posting progress despite numerous safety challenges, such as moving record
freight volumes, adding thousands of new employees to their ranks, and
maintaining more tracks, signals and equipment, the See
also, Bureau of Transportation Statistics - Table 2-40: Fatalities and
Injuries of On-Duty Railroad Employees at the following site:
http://www.bts.gov/publications/national_transportation_statistics/2005/html/table_02_40.html
2005
STATISTICS ON FATAL INJURIES IN THE UNITED STATES Fatal
job-related injuries claimed the lives of 5,702 "Fatal
highway incidents remained the most frequent type of fatal workplace event,
accounting for one in every four fatalities nationally in 2005," according
to the Bureau of Labor Statistics' "Census of Fatal Occupational Injuries
in 2005." In 2005, fatal highway incidents rose by 2%, according to the
report released Thursday. Among
other transportation-related deaths, those related to railroads were
"sharply higher," rising 68% to 84 deaths in 2005, from 50 in 2004. In
addition, aircraft-related deaths were down 36% in 2005 compared with the
previous year, the report said. Declines
were seen in fatal falls, which are the second-most frequent cause of
work-related deaths. They dropped to 767 in 2005 from an all-time high of 822 in
2004. "While
the number of fatal work injuries in private construction continued to be the
most of any industry sector, the number of fatalities-1,186-was 4% lower in 2005
than 2004," the study said. Also,
fatal work injuries involving women in 2005 were down 3% to 402, the lowest
total ever recorded by the report, which has been conducted for 14 years in all
50 states and the The
report cited increased fatalities, though, of 23% among agricultural workers and
of 18% among workers younger than 20. The
decrease in workplace fatalities contributed to "the third-lowest annual
total recorded since THE
29th ANNUAL There
is still time to register for the 29th Annual AAR General Claims
Conference. The event will be held
in Insurance
Commissioner George Dale recently vowed that the Mississippi Insurance
Department (MID) will continue its devotion on getting as many claims from
Hurricane Katrina paid as is possible. Dale
cited recent statistics from the Insurance Information Institute — that 94.3
percent of homeowner claims in The
Mississippi Insurance Department also released the following Katrina statistics:
483,693
and $10,552,356,484: The number of claims filed and the amount paid out in
claims for Hurricanes Katrina and Rita in 236,372
and $7,622,989,516: The number of claims filed and amount paid out in claims in
Hancock, Harrison, and Jackson counties for Hurricanes Katrina and Rita as of 18,891
and $2,354,660,628: The number of flood claims filed and the amount paid out for
flood claims in J.D.
POWERS: CLAIM-HANDLING PRACTICES VITAL TO SATISFACTION Editors
Note:
Although the study reported on below focused on the auto insurance
industry, RCSI management, and this editor think these findings provide broad
indicators to our industry as well. In
a study released by J.D. Powers and Associates, claim handling is listed as one
of the major behaviors exhibited by insurers that directly impacts customer
satisfaction and loyalty. The
report, called the 2006 National Auto Insurance study, said that for customers
who file a physical damage claim with their auto insurer, time is one of the
most important qualities. The study recommended a same-day response to the first
notice of the accident, followed by a settlement within a week and repairs
completed within two weeks as the standard by which all insurers should be
measured. Why?
Satisfaction with claim handling drives 44 percent of the overall
impression of their insurer for customers who filed a recent auto claim. The
study also identifies and tracks performance on numerous specific, measurable
behaviors on the part of the insurer in regards to customer satisfaction levels.
For example, auto insurance customers are more satisfied when they only have to
contact their insurer once to resolve an issue; satisfaction declines
significantly with each additional contact. Customers who had their calls
resolved on the same day recorded average satisfaction scores of 862 on a
1,000-point scale. That drops to 816 among those who had to wait one to three
days for their issue to be resolved and to 727 for those who had to wait four or
more days. When a call back is required, those who receive a call back when
promised rate their insurer 135 points higher than those who do not. Overall
customer satisfaction with auto insurers improved for a fourth consecutive year,
although the rate of improvement has slowed, according to the report. Overall
satisfaction was measured based on performance in five factors: interaction,
billing and payment, policy offerings, price, and claims. The
2006 National Auto Insurance Study is based on responses from 14,066 auto
insurance policy holders who were surveyed between April and May 2006. More
information is available at www.jdpower.com .
COLLECTIONS? Problems
collecting for damages? Increase
your chances of collecting that money, or reducing the total you are legally
obligated to pay. All without the
cost and delays where litigation is involved.
Let Railway Claim Services, Inc. handle these collection issues for you.
You pay nothing if RCSI fails to collect or fails to reduce the bill for
the submitted loss. Email or call
Randal Little or Dave Gardner for further information.
There is no cost if we are not successful.
Railway Claim Services, Inc.
maintains a website containing useful information for our industry.
If you haven’t visited our website recently, you may have missed some
of the content recently added. The Code of Federal Regulations, TITLE 49—Transportation, Subtitle
B--OTHER REGULATIONS RELATING TO TRANSPORTATION, CHAPTER II--FEDERAL RAILROAD
ADMINISTRATION, DEPARTMENT OF TRANSPORTATION.
Please visit our website and click on the following link. http://www.railway-claim-services.com/waycar.htm
Railway Claim Services’
website has the complete General Code of Operating Rules posted for your
reference. http://www.railway-claim-services.com/safety_first.htm
RCSI also has the entire
test of the FELA posted on our website: http://www.railway-claim-services.com/waycar.htm Also, The Occupational
Safety & Health Act of 1970 is available at:
http://www.railway-claim-services.com/waycar.htm As a part of our ongoing
efforts to provide RCSI clients with information vital to the safe and efficient
operation, RCSI’s website contains the complete text of the Emergency Response
Guidebook: http://www.railway-claim-services.com/waycar.htm RCSI
is always trying to upgrade our website and make it a place for you to find the
information you need. If you have
any suggestions, comments, or questions, please feel free to contact me at your
convenience. We appreciate your
feedback. POINTS
OF LEGAL INTEREST Editor’s
note – In this issue, I would like to take a look at cases in which Railway
Claim Services was involved which resulted in good results for our clients.
Sometimes you just need to toot your own horn. FELA Pierce
v. Chicago Rail Link, The
investigation revealed that there were no witnesses to the accident.
The plaintiff also claimed he could not remember anything about the
accident due to trauma induced amnesia. An
inspection of the switch revealed no defects.
There were no defects in any of the locomotives.
There was no radio failure. The
ballast was in good condition, with no potholes, or any other tripping hazards.
In short, there was nothing about this unfortunate accident to support a
claim under FELA. Plaintiff
named three expert witnesses who proceeded to develop a theory of liability
based on an improper radio command, uneven terrain and insufficient training.
RCSI retained Jim Fletcher of Fletcher & Sippel to defend the
interests of The
lowest settlement demand was in excess of $27 million.
The plaintiff’s attorneys rejected settlement offers that included
annuity payments to Pierce and his wife. The
judge, following defense counsel’s Motions, bifurcated the trial on liability
and damages. The liability phase of
the trial lasted for two weeks. The
case went to the jury on the afternoon of As
you might imagine, there was a tremendous amount of effort that went into the
pre-trial phase and the trial, on behalf of all parties, to include the
excellent claims management by Railway Claim Services, Inc.
If you have questions regarding the trial preparation, a good article
appeared in the September 2006 copy of the Bulletin, published by the AAR
General Claims Conference. Additional
information can also be found on our website at http://www.railway-claim-services.com/FINAL-Summer%202006.pdf
Lingo
v. TRESPASSER Sutton
v. REMOTE
CONTROLLED EQUIPMENT Corbin
v. Relco Locomotive
– (No information contained herein is outside of information contained in
records publicly available and/or presented in trial.)
To the best of my knowledge, this is the first litigated case in the
country for an injury involving the use of a remote controlled locomotive.
The Plaintiff, Barbara Corbin, sustained fatal injuries while operating a
remote controlled locomotive at a steel plant in CROSSING
ACCIDENT xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx RCSI
welcomes your input. If you have any
questions or comments of interest to our industry, please contact either Dave
Gardner or Randal Little at Visit
the Railway Claim Services, Inc. webpage located at www.railway-claim-services.com.
Railway Claim Services, Inc. is the recognized leader in independent
railroad claims management, which includes investigation, negotiations, and all
those things in between. If RCSI is
not already a partner in your loss control and claims management program are you
accepting too much risk? For
further information contact: dave_gardner@railway-claim-services.com
or randal_little@railway-claim-services.com Corporate
Offices at: Phone:
Railway Claim Services, Inc. has offices THROUGHOUT THE UNITED STATES. |
