Articles Posted in Insurance

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As the New Year approaches, many start to think about improvements they want to make in their lives for 2017.   At the Law Offices of John Day, our work involves helping people who have been injured in accidents and, since most accidents are preventable, we thought we would give you some New Year’s resolutions that can help protect you and others. The best part of these resolutions is, for the most part, they are easy and painless to implement (unlike that weight resolution most of us make). Here are our recommendations:

  1. Check your auto insurance and make sure you have uninsured/underinsured motorist coverage. I can’t tell you how often someone calls our office with significant injuries from a car accident who cannot recover any money because the driver who caused the accident did not have insurance and the client did not have uninsured/underinsured motorist coverage. We have written a number of posts about uninsured/underinsured motorist coverage and you can find them here, here, here and here. But, our number one piece of advice to protect yourself would be to purchase uninsured/underinsured motorist coverage with as high of limits as you can afford. You will truly be surprised at how cheap it is and it can mean the difference between receiving compensation for your medical bills, lost wages and injuries and receiving nothing.
  2. Wear your seatbelt. They save lives. Period.

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If you have kids, you probably have mixed emotions about them getting their driver’s license. Jubilation because they can run to the grocery store for you, get themselves to sports practice without you having to leave work early, etc. But it can also be a terrifying time and with good reason. Motor vehicle crashes are the leading cause of death for teens.

Recently, Mercury Insurance released a list of 2016 model year vehicles that had both good safety ratings and were inexpensive to insure. Based on these criteria, the winners were: Subaru Outback, Kia Sportage, Dodge Dart, Kia Soul, Honda HR-V EX, Hyundai Tuscon, Honda Fit , Honda CR-V LX, Hyundai Elantra GT, VW Golf Sportwagen SW.   I know. I can hear some of you already: “There is no way I am buying my teenager a brand new car”.  I get it.  Our two older kids did not get new cars either. The good news is you can do this same type of comparison yourself for used cars.  Continue reading

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Last week, a question was posted on Avvo (a legal Q & A site) seeking advice about what should be done following a car accident. The questioner was worried about getting sued, and the primary source of his anxiety was because he had substantial assets including investment accounts but he only had $100,000 in automotive insurance coverage. In particular, he wanted to know if he should  hire his own lawyer separate and apart from any lawyer hired by his insurance company?   Before I get to that, let me start with something more important.   Continue reading

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So, it is January 4th.  How many of your New Year’s resolutions are already busted?  If you are like most of us, it is probably at least one.  That is the bad news.  But, here is the good news: below is a list of 10 easy New Year’s resolutions that are easier than losing 10lbs and will help keep you safe and prepared in 2016. Continue reading

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Earlier this month, a Shelbyville woman was arrested for her 17th DUI. No, that is not a typo– seventeen DUIs.   According to reports, the habitual drunk driver was arrested yet again after she crossed the center-line and crashed head-on into another vehicle injuring the other driver.

Of course, given her driving record, this woman should not have been driving and, in fact, her license was suspended. But she was nonetheless out on the roadways again and almost certainly she was not insured. Tragically, this is not an isolated occurrence. Fifty to seventy-five percent of drunk drivers will continue to drive on a suspended license.  If the drunk driver does not have any insurance, where does it leave the innocent victim injured by this woman’s criminal conduct? Continue reading

Medical payments insurance coverage, typically called "med pay," is a type of  insurance coverage that is often a part of automobile liability insurance policies in Tennessee.  It pays medical bills that arise out of an automobile accident, even if the accident is your fault.  Medical payments coverage is typically $5000 or $10,000, although I have seen coverage as high as $25,000.

Med pay coverage can help you meet deductible and co-pays on your health insurance policy.  

Most automobile insurance policies give the insurance company the right of subrogation if med pay is paid.  This means that you get hurt in a  wreck caused by someone else’s negligence and collect med pay benefits, you have to re-pay your insurance company if you collect  monies from the person who caused the wreck.  There are some legal limitations on this right – please be sure to ask an experienced Tennessee automobile car accident lawyer about your rights.

The price of uninsured motorist insurance is a bargain for Tennesseans, given that some 24% of drivers in Tennessee do not have any automobile  liability insurance whatsoever.

What is automobile liability insurance?  It is insurance that the owner of a car purchases to pay for losses caused by negligent operation of the vehicle.  

Tennessee requires that each car have no less than $25,000 / $50,000 in liability insurance.  That means that in the event of a personal injury or wrongful death to a person caused by the negligent operation of the vehicle by the driver the insurance company may be required to pay up to $25,000 to that person.  If multiple people are harmed, the insurance company may be required to pay up to $50,000 in damages to all people who are harmed but no more than $25,000 per person.

Recent data suggests that 24% of Tennessee drivers do not have liability insurance on their vehicle.

Liability insurance exists to make monetary payments to those who are injured as a result of a negligent error by a person who has the insurance.  Tennessee state law requires every driver to have liability insurance, but it appears that almost 1 out of 4 drivers is violating this law.

What does this mean?  It means that if you are in an automobile accident that is not your fault you will have to bear financial responsibility for your medical bills and loss of income unless the at-fault party happens to have personal financial resources.  You will also receive no payment for any pain, suffering, disfigurement or loss of enjoyment of life you experience in the accident.

 My lawyer just settled my personal injury case  and now tells me I have to repay my health insurance company for paying my medical bills. I have paid health insurance premiums for 15 years and was never in the hospital one time before my wreck! Why do they have the right to get repaid?

Because the insurance policy you have almost certainly says that the company  have the right to be repaid. That is part of the bargain you struck with the insurer  – even though you never read your policy and no agent or representative of your employer mentioned it to you.

Depending on the type of health insurance you have there are several arguments that can be made to secure a reduction in the amount that must be paid back to the insurer. An experienced personal injury attorney will know this area of the law and will work with you to secure a reduction if possible.