Insurance

December 16, 2012

1 out of 4 Drivers on Tennessee Highways Have No Insurance

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.

October 28, 2012

Why Does My Health Insurer Get Paid Out of My Personal Injury Settlement?

by The Law Offices of John Day, P.C.

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.

August 14, 2012

Tennessee Uninsured and Under-insured Motorist Insurance Coverage

by The Law Offices of John Day, P.C.

If the driver that causes a Tennessee car accident or truck accident does not have liability insurance, your own automobile insurance coverage may also apply in provide a source for monetary recovery to pay your medical bills and compensate you for your injuries. This type of insurance coverage is also available (and very important) for motorcycle owners because it will provide protection for the riders in the event of a Tennessee motorcycle accident with an car or truck that does not have sufficient liability insurance.

This type of insurance coverage is called uninsured motorist coverage – it provides you protection when you are hurt by an uninsured driver. This type of insurance also protects you when the driver that causes a wreck has inadequate insurance coverage to pay for the harm caused to you. This is called "under-insured motorist coverage."

Both types of insurance must be offered to each person who buys liability insurance in Tennessee. Thus, if you purchased liability insurance on your vehicle, you have uninsured and under-insured motorist coverage unless you waived your right to have it in writing.

May 24, 2012

Why Do I Need Medical Payments Coverage on My Automobile Insurance Policy?

by The Law Offices of John Day, P.C.

As a Tennessee car accident attorney, I am often asked why it is necessary to have medical payments coverage as part of an automobile insurance policy, especially if the car owner also has health insurance.

Frankly, it is possible that your medical payments ("med pay") coverage will do you little good if you are injured in a car wreck and also have health insurance. However, med pay coverage can be used to pay deductibles, co-pays, and items not covered by health insurance. If you have a health insurance plan that exposes you to minimal deductibles and co-pays and you can comfortably meet those expenses on your monthly income or with your savings, med pay coverage may not be a good investment.

However, my experience has been that many people do not have a financial reserve for these bills and, to the extent that they have a financial reserve it disappears quickly if the injury results in loss of income. Thus, med pay can provide a financial cushion and can avoid the all-too-common situation where medical bills from car accidents are sent to collection agencies.

March 14, 2012

What is Med-Pay Coverage on My Automobile Insurance Policy?

by The Law Offices of John Day, P.C.

What is medical payments coverage on my automobile insurance policy?

Medical payments coverage, also known as "med pay" coverage, will pay medical bills incurred by you or people in the vehicle in the event that you or the others are injured in a vehicle accident. The money is paid for bills regardless of who caused the accident.

Although many people have health insurance that will also pay medical bills, the med pay coverage can be used to meet deductibles and pay bills not covered by insurance.

February 14, 2012

What Is Liability Insurance?

by The Law Offices of John Day, P.C.

Liability insurance is insurance that protects you from loss in the event you are alleged to have negligently caused harm or damage to another or are determined to have negligently caused harm or damage to another.

Liability insurance offers two important components. First, liability insurance pays for a lawyer to represent you in the event you get sued for negligently causing someone harm or damage. This is known as the "duty to defend." Second, liability insurance pays any judgment entered against you for negligently causing harm or damage to someone else. This is known as the "duty to indemnify." The amount the insurance company will pay is capped at the amount of liability insurance you have.

There is a liability insurance component in almost every motor vehicle insurance policy. There is also a liability insurance component in your homeowner’s insurance policy. If you run a business, you may have (and should have) a "general liability" insurance policy that protects you for negligent acts and omissions by you or your employees as part of your business operations.

January 13, 2012

Should I Hire a Lawyer to Help With My Long-Term Disability Claim?

by The Law Offices of John Day, P.C.

I have a disability insurance policy through my job. I am disabled but the disability insurance company still says I have to submit and claim and go through all the paperwork. The company says it is up to me whether or not I get a lawyer. Do I need a lawyer?

I strongly recommend that you have the help of a lawyer. It sounds like your policy is going to be covered by a special federal law and, if your policy has language in it that is often found in such policies, a federal court that reviews any denial of your claim will be largely limited to looking only at the same evidence the insurance company looked at when it denied your claim. Thus, it is extremely important that your file with the insurance company contain all of the relevant material that can be used to support your claim, An experienced lawyer knows what material to submit in support of your claim and how to make the most persuasive argument that can be made on your behalf.

Also, depending on the language of your policy, it may be very difficult for a federal court to reverse the insurance company’s decision to deny you benefits. If the policy so states, the judge can only reverse a decision to deny benefits if the judge finds that the insurance company "abused its discretion" in making its decision.

January 5, 2012

What Should I Do If Think My Neighbor Sexually Abuses My Son?

by The Law Offices of John Day, P.C.

I have just discovered that my 10 year old son is being sexually abused by a neighbor. What do I do?

Here are my thoughts:

Immediately report this matter to the police. If there is any physical evidence of the abuse that you can readily put your hands on take it with you. Do not confront the neighbor on your own – seek the help of the police first.

November 5, 2011

My Medical Insurance Company Wants Money From My Tennessee Car Accident Settlement

by The Law Offices of John Day, P.C.

I just settled my personal injury case and my lawyer told me that I have to re-pay my medical insurance company the amount they paid for my medical bills from the accident. That doesn’t seem fair. Is my lawyer right?

Your lawyer is probably right. Most medical insurance policies have what are known as subrogation or reimbursement clauses. These insurance policy provisions mean that if you get hurt and collect medical bills paid by your insurance company from the person who hurt you your insurance company gets paid back.

If your insurance through a government-sponsored program like Tenncare or Medicare you also have a responsibility to re-pay the government out of any settlement you receive as a result of a car accident.

June 23, 2011

Do I Have To Repay My Auto Insurer If They Pay My Medical Bills?

by The Law Offices of John Day, P.C.

Do I have to repay my automobile insurance company if they pay my medical bills from my medical payments coverage and I recover a settlement from the at-fault driver?

Probably. Most automobile insurance policies that have medical payments coverage require that you re-pay them if you make a recovery from the at-fault driver. Under certain circumstances you can force the company to reduce the amount of the re-payment. Your lawyer can help you with this issue.