Under-Insured Drivers

I remain amazed at people of means who do not maintain sufficient liability insurance on their vehicles and homes.

The most frequent problem we see is with middle-income people who are driving around with "25 / 50" or "50 / 100" liability insurance policies on their cars.  A "25 / 50" policy is one which provides a negligent driver with insurance protection of $25,000 for any one person they hurt or kill in an accident, up to a total of $50,000 for all persons hurt or killed in an accident.  A "50/100" policy, provides a negligent driver with up to  $50,000 worth of insurance protection for any one person they hurt or kill in an accident, up to a total of $100,000 for all persons hurt or killed.

If there is insufficient insurance to pay the damages caused, the driver is personally responsible for the balance of the damages.  Thus, if a negligent driver with a "25 / 50" liability insurance policy on his car causes injuries to another person worth $50,000, the negligent driver is responsible for the $25,000 his insurance company does not pay.

So why are people under-insured? Greed, ignorance or both.  Some people simply accept the amount of insurance recommended by their insurance agent.  This approach fails to take into account that the agent may be competing on price, not product, and by offering an inferior product (lower limits) he or she can offer a lower price.  Like many things in life, the lower priced product is often not the best choice.

Other people think that even though they have a good income they have relatively little in the way of assets or net worth, and thus it makes no sense to buy more insurance coverage to protect themselves.  This approach is wrong for two reasons.  Number one, it assumes that the person you have injured will not force you into bankruptcy to get the assets you do have.  Number two, it reflects a very self-centered attitude, one which basically says "I am not worried about the harm I caused to another person.  I will by just enough insurance to protect my assets and let the injured person bear the financial brunt of my mistake."  This is wrong.

Still others think that they will never be involved in an accident and thus spending money on insurance is a waste of money.  

I understand why a person making minimum wage or even twice that amount will have difficult purchasing more liability insurance than the state required minimum ($25,000 per person, $50,000 per accident).   But quite frankly I have little sympathy for those who make $75,000 per year or more and are driving around with insurance policies that provide less than $100,000 person, $300,000 per accident in insurance coverage.  And those who make $100,000 or more per year in family income should have more coverage.  The extra insurance coverage is very inexpensive, and it just makes sense to have it, not only to protect your own assets, but to be there to help the person you hurt.

I encourage you to look at your liability insurance package and make sure you understand how much coverage you actually have.  Then, ask your agent how much it would cost you to increase that coverage to the next level.  My guess is that you will be surprised at how little it will cost.  As you do so, remember that one night in the ICU at Vanderbilt costs over $10,000 and the helicopter ride there can exceed that amount if the flight originates 30 miles or more away.  The fact of the matter is that $50,000 doesn't go very far in a trauma unit.

 

Motorcycle Wrecks - Its That Time of The Year

The weather in Tennessee has been absolutely beautiful, and with that comes a huge increase in motorcycle traffic.  This is the time of year new riders emerge from motorcycle safety schools and begin to enjoy Tennessee's beauty from a motorcycle.

Tragically, the increase in bikers means an increase in motorcycle accidents.  Our office filed a lawsuit this week in one of the more common type of cases,  in which a car turned left immediately in front of our client and caused a serious injury.

Other frequent causes of motorcycle wrecks include  drivers pulling out of driveways, drivers turning left while being passed by a motorcycle, or distracted drivers who become distracted, cross the center line of the road, and cause a head-on collision.

As Tennessee motorcycle accident attorneys, we are ready, willing and able to investigate motorcycle wrecks, determine how they occurred, and seek compensation from the responsible party.  In appropriate cases, we employ the services of an accident re-constructionist to aid us in this effort.  

Feel free to call us toll-free at 866-812-8787 for a free consultation.  Or, simply fill out the "Contact Us" form at the right and we will call you.

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Tennessee Motorcycle Accident Information

 The Law Offices of John Day has recently updated its website to share information about claims arising from Tennessee motorcycle accidents.

Information is power, and our law firm has a long history of empowering consumers with knowledge of the legal system.  Indeed, in the early 1980s, John Day taught basis consumer law on a volunteer basis in two different Nashville high schools and other classes for adults.

If you or a family member was involved in a motorcycle wrec and are attempting to understand your rights, the following links will be very helpful to you:

 

If you still have more questions, fill out the contact form on the right or call us at the numbers in the upper right hand corner of this page.  We offer free, no obligation consultations and if your case has merit we will accept your case on a contingent fee (no recovery, no fee) basis.

First Year of Motorcycle Riding is the Most Dangerous

The HIghway Data Loss Institute reports that motorcyclists are most at risk when they begin riding.

An analysis of claims data reveals that some 22% of claims studied occurred within the first 30 days after an insurance policy was issued.  The rate of claims dropped 1/3rd in the second month and almost 2/3rds after six months.  The first 30 days of riding is riskier than the entire second year.

Operating a motorcycle is a complex undertaking.  Regardless of your experience, operating motorcycles require your full attention at all times. 

The warm weather has brought motorcycles out earlier than ever.  Motorcyclists, remember that when you pick a fight with a car you will lose.  Car drivers, remember that motorcycles are everywhere and have a right to share the road with you.  If everyone pays attention to the rights of others, many lives will be saved.

Does A Motorcycle Passenger Have to Sue the Motorcycle Driver After a Crash?

My boyfriend had a wreck on his motorcycle a few weeks ago after a car illegally turned in front of him and he hit the side of it.  I was a passenger on the motorcycle and received a badly broken arm and severe road rash as a result of the wreck.  I talked to the insurance adjuster for the driver of the car and she told me it was my boyfriend's fault and I need to sue him.  I saw the whole thing - my boyfriend did nothing wrong and the car turned right in front of us when just as we entered the intersection.  Do I have to sue my boyfriend to get my bills paid?

You have asked a complicated question, the answer to which can only be given after facts in addition to those stated in your question have been uncovered.

Generally speaking, the answer to your question is "no," you do not have to sue your boyfriend.  If you believe that the driver of the car is at fault, then you need only sue the driver (and perhaps the owner) of the car.

It is possible, however, that if a lawsuit is filed the other driver will blame your boyfriend.  It this happens, then you will have to decide whether or not to sue him.  If you do not, then a jury can assign some percentage of the responsibility for the accident to your boyfriend if the driver proves that the accident was partially or completely your boyfriend's fault.

A finding of fault on your boyfriend has consequences for you.  If, for example, your boyfriend is determined to be 50% at fault in the crash, the amount of  damages you can recover will be reduced by 50%.  Why?   Because you choose not to sue your boyfriend and it was later determined that he was partially at fault for the wreck and your injuries.  

Let me hasten to add that the mere fact that this can occur does not mean that you must or even should sue your boyfriend.  There are many things that must be taken into consideration before making such a decision.  An experienced motorcycle accident attorney can gather the information that is necessary to help you make an appropriate decision.

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About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

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