Simply Junior

People normally associate “No win no fee lawyers” with ambulance chasers, the kind of legal professional who earns most of their money through other people’s misfortunes, traffic accidents, workplace accidents, and unfair dismissal cases. Not so anymore. Some big names in the law industry are starting to take on large legal battles against some of Australia’s largest corporations, including banks.

The latest trend is for such lawyers to take on legitimate large scale cases, some might perhaps even set some industry precedents and be very helpful to clients in need, and society. More public interest lawyers are what the world needs right now.

In Melbourne, Australia the federal court system and its top lawyers and judges are now much more accessible to hundreds of thousands of people. People can now be represented in class action lawsuits and get their case heard if they chose to for small claims such as fee gouging. Previously it would have been too expensive. When these small claims are made by tens of thousands of people in one case, it adds up to a lot of damages being paid out, even for a big business.

Class action lawyers in legal firms have the power to claim $50 million plus in some cases. In terms of a class action lawsuit against a bank or other large Australian corporate service provider this claim might include fees charged for service, overdue fees and dishonour fees on their accounts.

Some of these fees that banks are known to charge in my experience, 30 plus dollars a piece are in no way justified economically, or practically in my opinion. Since everything is handled by computers these days, there is very little oversight or manual labour into transactions in this day and age. Under Australian law, banks can only charge a fair amount.

A class action suit against one of the big banks would be Australia’s largest ever, solicitors say an estimated 27,000 are willing to be involved in a single case, including individuals and businesses holding about 40,000 personal and business accounts. Legally representing 40000 or more legal entities, imagine the amount of legal fees they will gain off of all these people if they win.

Large corporations are notorious for attempting to draw out legal battles over years until the single party, not able to afford the rising legal fees has no choice but to drop the case, even if they are quite sure it will be decided in their favour. To be fair on all parties in such a case a good judge would likely discuss with both sides of the parties ways in which the case could run as quickly and inexpensively as possible.

If a class action claim was made seeking a refund of unfair fees paid since 2004 plus interest, I wonder if that will be the same pathetically low interest rate I get in my bank account, from memory around 0.01%, and after fees that becomes negative! Some people might even get lucky and receive the true reserve bank interest rate of 6.5% or higher for the real retail rate the banks charge to those in debt to them?

You can now easily bring a case to court for a claim of as little as hundreds of dollars to more than $35000 for businesses. Even though the claim might be small, this kind of legal action is now being funded on a no-win no-fee basis by litigation funders more and more in Australia.

Let’s hope this trend of good will no-win no fee lawyers services continues, as it makes the courts and justice more accessible with no up front charges, and the legal battles result in a win for consumers.

Starting with excessive rates to buying a separate policy for your teen driver, dealing with auto coverage is often confusing, complicated and it also involves a lot of money to be spent. Still, you can’t go around it, as it a legal requirement in most states and a helpful tool to give you a peace of mind when dealing with traffic accidents. Sure, it may seem like a dirty job and you don’t want to waste your time on it. But what if there’s an easier way to get your auto insured without all the hassle you fear of dealing with? If you are interested, read the frequently asked questions below as answered by insurance experts, who know how to get the right policy no matter what’s your situation.

Q: Am I obliged to carry insurance coverage when driving my car?

A: Nearly all states have it as a legal requirement for drivers to carry liability auto coverage as a guarantee that the damages you deliver in a car accidents are paid for. Each state has a minimum amount of liability coverage that a driver must carry with his policy. And even the states that don’t have vehicle insurance as a legal requirement oblige the driver to show proof that he has enough financial resources to pay for the caused damage. Any other types of insurance coverage, outside liability coverage are purely optional and can be purchased with respect to your personal insurance needs.

Q: Is insurance required before buying a new vehicle?

A: If that’s your first vehicle, you will be required to have insurance coverage before even taking it from the dealer. Moreover, if you’re using an auto loan to finance the purchase, you may be required to buy additional types of coverage besides liability. If you already have a car and are changing it to a new one or buying an additional vehicle, you have 14-30 days to report the changes to your insurance company.

Q: How can I get cheap car insurance?

A: Compare insurance quotes in order to see what other providers are offering, and if it turns out that you’re overpaying – switch the provider. If your current rates are quite competitive, compared to other companies, see if you’re taking advantage of all the discounts you can opt for.

When looking for a new car, always make sure that the make and model you are interested in provides cheap auto insurance options. Some cars are a lot cheaper to insure than the others, ask your insurance agent to learn what cars are the most cost-effective from the insurance perspective.

Another way to get cheap auto insurance, although a bit risky one, is to increase your deductibles. By raising the amount of out-of-pocket expenses you can afford before the policy kicks in you get lower premiums. And if you’re driving an older vehicle that has a low market value, you may want to drop collision and comprehensive coverage as it takes depreciation of the car value into account.

You can also adjust the amounts of coverage your policy carries, although experts do not recommend decreasing them to the level of state minimums as it is usually not enough to pay for a serious accident.

The business of insurance is called underwriting. The company enters into a contract (called a policy) and agrees to indemnify a group of people like you against defined losses. So it uses some heavy duty math to work out the probability of the losses being incurred. It’s called risk assessment and relies on a complicated use of statistics. For vehicle insurance, the companies collect the details from every reported traffic accident in the US looking at the age, sex and occupation of the driver, the make and model being driven, the time of day, the road conditions, and the extent of the damage. The insurers share the information on the current costs of replacement parts and the labor to fit them.

They also manage to talk the health insurance companies into sharing their current costs on medical treatment for those injured in traffic accidents. With all this information, they can make good estimates of the cost of loss, i.e. the total amount they may have to pay out if they insure, say, 100,000 drivers. They take this estimate, add the cost of running the insurance company and a profit margin. This total is then divided between all the 100,000 as their premiums. Some companies divide the total equally so the good drivers subsidize the bad. But the majority adjusts the individual amounts based on the driver’s safety record. That way, each policy holder pays more or less depending on how well he or she drives. This is more fair.

But, to cut costs, some insurance companies make more general assumptions about the likelihood of losses. Instead of personalising the risk assessment, they focus the assessment on generalities. The most common is the use of the zip code. In some areas of a town or city, there are higher levels of vehicle theft and vandalism. Some areas have more people driving while intoxicated or impaired through drugs. Because of the design of the local road system, there may also be a higher number of accidents. The insurers therefore charge everyone living in those areas a higher premium. Apart from the unfairness at an individual level, some lawyers believe it is active discrimination because many of the zip code areas loaded with higher premiums have higher concentrations of particular racial or ethnic groups. California has formally prohibited insurance companies from using zip codes, credit scores and other factors not directly relevant to the assessment of driver safety. In those states, insurers continue to trade and make a profit. It has not been the end of the world they predicted.

So, depending on the US state in which you live, your premium may either be calculated based on your personal driving record, or it may be based on your zip code and credit score. Either way, the task of finding the cheapest car insurance remains the same. You have to shop around the companies licensed to sell policies in your state and find the best deal. If there is active competition between the insurers, the premiums will be lower and you will find cheap car insurance without too much difficulty. But if the state is unregulated and insurers do not compete, it will be more difficult to find a cheap policy.

The easiest way to understand how an insurance policy works is to think about gambling. You are about to drive your vehicle out on to the public roads and you make a bet with the insurance company. If you can do this without having an accident, you lose the premium. If you have an accident, the insurance company pays your losses. So, as with a field of horse about to set off round the track, the bookmakers check the records of each horse. How many times has it run and placed. This gives them a basis on which to set the odds. In theory, everyone has access to the same information so you decide whether to place the wager depending on the fairness of the odds quoted. Well, it’s exactly the same with drivers. The insurers make a risk assessment of you as a driver. What make and model are you driving? How many miles a year do you drive? How many years of experience? How many tickets and claims? This profiling gives them the odds of an accident and the company sets the premium rate to quote you. You also know your own track record and have a good basis on which to decide whether to pay the premium.

Unlike a conventional bet, you can decide to self-insure a part of the potential liabilities. This is done through the so-called deductible where you pay the nominated amount before the insurer has to contribute. So if the claim against you is for $800 and you have a deductible of $1,000, you pay the whole of the $800. But if the claim is for $1 million, you only pay $1,000 and the insurance company loves you like a brother. The majority of traffic accidents are minor fender benders and the repair costs are usually low. If no-one is injured, self-insurance is a cost-effective option, i.e. the amount you save on the premium covers the likely payments of claims. But you should consider the issues carefully before accepting the maximum deductibles. Suppose you have a bad run of luck and, in the space of a year, you are involved in three accidents where the claims exceed the deductible. Now you have to find the deductible multiplied by three as a cash sum and your premiums will go up because you have proved yourself a bad risk. Can you afford the pay this lump sum without breaking the bank? Given your premiums are going to rise, do you still want to pay the maximum deductibles in the future?

Planning is all about the worst case scenarios and hoping for the best. There are good discounts for increasing the deductible. There are also good discounts for insuring more than one vehicle or combining both car insurance with home insurance. Because you cannot guarantee you will never have accidents, you should decide what discounts you can find and how much you are prepared to pay if the worst happens. Do not simply buy the cheapest car insurance you can find. In many cases, these policies do not give a good value-for-money cover against liabilities. Shop around and buy the policy that gives you the best protection at a price you can afford.