If you are involved in an accident:

Never: Move your vehicle after an accident until the police ask you to.

Never: Get involved in discussions as to who is at fault. Your apology could be considered evidence that you were legally at fault.

Never: Engage in discussions of your being sorry or “at fault” in any way. This can work against you later. Such remarks are frequently misrepresented at a court hearing.

Never: Say things like “Oh, I should have seen you coming.” At the time of an accident you may be confused or disoriented. This is no time to say something that may hurt your legitimate claim.

You must: Call the police. This may be the only way you can protect your rights if you discover any injury or damage that was not noticed immediately.

You must: Get the names, addresses, and license numbers of all parties.

You should: Contact your attorney.

When you get home after an accident: Be sure to write down things you saw or heard. Things such as: “I should have seen you ­ but I was using my cell phone” or “I am sorry, I am taking medication” or “I was late for work (or appointment).” Yourattorney needs to know these kinds of details!

If you are hurt and an insurance adjuster wants to take a recorded statement from you, think about seeing an attorney before you make that statement. What you say could come back to bite you later.

You often hear the term “Statute of Limitations." Remember: Do not delay contacting an attorney if you have been injured by someone or on
someone’s property.

If you have been injured, do not discard or throw away things such as defective products, blood-stained or damaged clothing! These are potential evidence!

Also remember:

If you are injured in an accident (not work related) with any government agency, special circumstances, limitations and time lines may apply.

Consider opting out of "collision" and "comprehensive" coverages if your motor vehicle is worth less than $4,000. Why pay for this coverae when your vechile is not worth much more than the deductible? Opting out could save you money.

Always get "uninsured/underinsured" motorist coverage in an amount equal to your liability coverage so you are protected if you are injured by an uninsured or underinsured driver. Nevada has lots of uninsured drivers.

 

If you need legal help either in connection with your job or for a personal matter, your ESEA membership has you covered.

 

JOB-RELATED HELP

NSEA Legal Services Program

The NSEA Legal Services program is a cooperative program with the NEA to ensure ESEA members receive appropriate legal assistance to guarantee due process in employment-related matters.

For information about the program, contact ESEA at 794-2537.

Educators' Employment Liability (EEL) Program

As a member of ESEA/NSEA/NEA, you are automatically covered by the Educators' Employment Liability Program (EEL). The coverage is limited to acts arising as a direct result of a member's employment.

• Members are covered for up to $1,000,000 per occurrence for indemnification related to civil suits for damages. Each occurrence is subject to a $3,000,000 aggregate. Defense expenses are covered in addition to per occurrence limits.  

• Members are covered for up to $35,000 for criminal defense expenses if the member is exonerated of all charges. Defense expenses for child protective services agency investigations and proceedings are not covered under this benefit. They may be covered under the Legal Services Program.

• Members are covered up to $1,000 of bail bond premium for employment-related situations.

• Members are covered for up to $500 for damages to personal property when the damages occur during an assault on a member in the course of performing educational employment duties.

In all instances involving coverage, written documentation will be required. The EEL Program is excess to any other available insurance coverage. If an employer has coverage, the employer's coverage will (in most situations) be primary.  The employer's insurance carrier/representative or local school district officials will assigndefense counsel. Horace Mann will monitor the defense and, when necessary, hire independent counsel.

If you believe you are in a situation where you may need any of the above coverage, contact ESEA or your UniServ Director immediately.

 

PERSONAL HELP

In today's complex world, simply having legal help for employment-related matters is not enough. At one time or another, each of us needs legal counsel on personal matters that are important to use and our families. When that happens, ESEA members have two options:

ESEA/NSEA/NEA Attorney Referral Program

The ESEA/NSEA/NEA Attorney Referral Program provides members with legal advice on personal matters. Each eligible member is entitled to two 30-minute consultation sessions free during each membership year. If you need additional legal help, the program lets you get that help at rates below participating attorneys' usual fees.

For further information about the program, contact ESEA at 794-2537.

McCrea Martin Allison

All ESEA members and their families receive their first visit free and a 25% discount on all legal services provided by McCrea Martin Allison, Ltd., 3191 E.Warm Springs Rd., Bldg. 13 Las Vegas, Nevada 89120, 933-4444.