Category: Auto and fleet

Last-Minute Halloween Liability Issues

Halloween is scary enough, we don’t mean to add to your fright, but if you are a homeowner or an apartment dweller, there are some safety precautions you should take to greet the little ghosts and goblins who will be ringing your bell or roaming the streets.

A few years ago, Christopher Boggs wrote a great Guide to Homeowners Liability for Injury to Trick or Treaters. He notes:

When the porch light is on, trick-or-treaters are considered invitees; the homeowner is inviting them onto the property (though not for a mutual benefit). Because of this relationship, the homeowner owes the candy seekers the level of “reasonable” care that falls under Ordinary Negligence.

Now anytime you have anyone visit your home, they could suffer an injury or an accident – that’s why you have insurance. But on Halloween, a steady stream of small feet traipsing across your porch in the dark increases the risk. Plus, you are giving out food.

Here are some tips to minimize Halloween hazards and reduce your risk.

  • Keep porches and walkways well-lit and free of debris and clutter that might be tripping hazards
  • Put reflective tape on your steps and along your walkway
  • When decorating, avoid candles – use LED lights and battery-powered lights instead.
  • Keep pets away from kids to avoid bites, scares or allergic reactions. Even friendly pets can be overexcited or upset by the unusual activity and may be skittish or overly protective.
  • Avoid mystery treats. Distribute labeled treats and tell parents what they are and if they contain nuts.
  • Provide alternative allergy-free treats – consider small non-food trinkets.
  • Be cautious about any spooky pranks for kids or guests – make sure they are safe and not too scary to young children.
  • If you are hosting an adult party, you have particular responsibility to take care in the serving of alcoholic beverages. See our post on holiday parties and liability issues.
  • If you are driving any time on Halloween, be super cautious. Little monsters may be out at any hour and frequenting normally quiet neighborhoods. Be particularly cautious at dusk an early evening.

Protect your home and car too!

Halloween is a huge night for vandalism. Here are a few tips to protect your property from fire, theft and vandalism.

    • Don’t overload electrical circuits with lights.
    • Paper and dried plant decorations can easily ignite. Keep them away from flames, lights, and electrical cords.
    • Lock up bicycles, gas grills and other outdoor valuables.
    • Park your car in a garage, if possible. Mischief makers may egg your house or car.
    • If you don’t have shelter for your car, consider stopping at the car wash for a coat of wax that may offer some protection.
    • If you are out trick or treating with your kids or partying with your peers, make your home looks occupied. Leave lights and the TV on.
    • Doorbell cams and motion activated lights can offer added protection.
    • If your car or home is egged, deal with it right away that night or in the morning before damage can set in. See How to Remove Egg Stains From Your Car’s Paint Job and 4 Ways to Wash Egg off your home

    Call your agent

    If you should suffer any damage to your property or have any accidents during Halloween weekend, file a claim as soon as possible to get the claim process in motion. Be ready with the details of where and when the event occurred, along with the names and addresses of any injured parties or witnesses to the event. If there is damage to your property, report it to the police, take photos, and record the details so you won’t forget them later.

Reprinted from Renaissance Alliance – no usage without permission.

How to avoid rogue tow truck scams

Bad enough if you are in an auto accident – that’s stressful enough. You might be injured or at the very least, shaken up. Suddenly a tow truck appears on the scene saying they are from your insurance company. While that might seem like lucky timing, it should actually raise your suspicions. High pressure tactics from rogue tow truck operators can lead to exorbitant towing and storage fees or your car being taken to a body shop that is in league with the tower. The National Insurance Crime Bureau recently released a public service announcement to raise awareness about rogue tow truck operators and how to avoid becoming a victim.

NCIB offers these tips:

  • Never give permission to a tow truck operator who arrives unsolicited to take your vehicle.
  • If you or law enforcement did not call a tow truck to the scene, do not deal with that operator.
  • Do not provide tow truck operators with your insurance information.
  • Do not provide tow truck operators with personal lien holder information.
  • Determine that the tow truck signage is identical to what appears on any documentation the tow truck operator provides (they may say they “work with” your insurance company).
  • If the tow truck does not display signage identifying the name of the tow company, ask for company identification.
  • If a tow operator’s legitimacy is in doubt, call the police.
  • Do not give a tow truck operator permission to tow your vehicle until they:
    –Provide a printed price list, to include daily storage fees and miscellaneous charges that will apply if they tow your car (if the prices seem too high, ask the police or your insurance company to call a towing service for you).
    –Provide printed documentation indicating where the vehicle is being towed if it is not a location of your choosing.

The Coalition Against Insurance Fraud offers more information on tow truck cons and scams, as well as extensive tips to for what to expect and what your rights are.

Check out the full article but here are a few tips from their list:

Think ahead: Join an emergency road service club or organization such as AAA. Also know your auto insurer’s roadside assistance program, with the tollfree number printed on your insurance card. They’ll set you up with reputable towing firms and repair shops.

Photos. Take a photo of the scene, including the tow truck. Use your cell phone or a disposable camera stored in your glove compartment.

Complain. File complaints if you’re scammed. Contact your insurer, state insurance department, local Better Business Bureau and the police.

Know your rights. State laws protect you if your vehicle is towed while you were away, such as while shopping. Confirm and complain if you suspect violations of these rules in most states:

  • The property owner or manager of a business that had your vehicle towed must be at the scene and sign the towing authorization in most states;
  • The operator must leave a small sign at the scene. It should have the firm’s name, address, phone, reason for towing, and who requested the tow;
  • Towing firms must take a photo of your vehicle in the “illegal” spot and notify the local police department to ensure the car is not classified as stolen. Get the photos from the towing firm (though expect a fee); and
  • The towing operator must release your vehicle if you will not or cannot pay the requested towing free. This is true in most states, and then becomes a matter for civil courts.

Reprinted from Renaissance Alliance – no usage without permission.