During a personal injury claim, there are several types of insurance that may be applicable depending on the circumstances of the case. The most common types of insurance applicable during a personal injury claim include:
- Liability Insurance: This type of insurance covers damages or injuries that you are found responsible for causing to another person or their property. In a personal injury claim, liability insurance may be used to compensate the injured person for medical expenses, lost wages, and pain and suffering.
- Uninsured/Underinsured Motorist Coverage: This type of insurance can be used if the at-fault driver in an accident does not have enough insurance coverage to pay for the damages or is uninsured. In a personal injury claim, uninsured/underinsured motorist coverage may be used to compensate the injured person for their damages and injuries.
- Medical Payments/Personal Injury Protection: This type of insurance provides coverage for medical expenses in the event of an accident, regardless of who is at fault. In a personal injury claim, personal injury protection may be used to compensate the injured person for their medical expenses.
- Medical Payments Coverage: This type of insurance provides coverage for medical expenses incurred as a result of an accident, regardless of who is at fault. In a personal injury claim, medical payments coverage may be used to compensate the injured person for their medical expenses.
It’s important to note that the availability and extent of insurance coverage can vary depending on the specific policy and circumstances of the case. If you are injured in an accident, it’s important to review your insurance policies carefully and speak with an attorney to understand your legal rights and options for seeking compensation.
There are several types of insurance that people should consider having for their vehicles. These include:
- Liability Insurance: This is the most basic type of car insurance that is required by law in most states. It covers damage or injuries you cause to other people or their property while driving your car.
- Collision Insurance: This type of insurance covers damage to your own vehicle in the event of a collision, regardless of who is at fault. It can help cover the cost of repairs or replacement of your vehicle.
- Comprehensive Insurance: This type of insurance covers damage to your vehicle that is caused by non-collision events, such as theft, vandalism, or natural disasters.
- Uninsured/Underinsured Motorist Coverage: This type of insurance protects you if you are in an accident with a driver who does not have enough insurance to cover the damages or is uninsured.
- Medical Payments Coverage (medpay)/Personal Injury Protection: This type of insurance provides coverage for medical expenses in the event of an accident, regardless of who is at fault.
- Gap Insurance: This type of insurance covers the difference between the value of your car and the amount you owe on your car loan in the event of a total loss or theft.
It’s important to review your insurance needs and coverage options carefully to ensure that you have adequate protection in the event of an accident or other unexpected event. You may also want to consider adding additional coverage or increasing your coverage limits based on your individual circumstances and risk tolerance.
Whether a car accident will affect your insurance rates and the extent of the impact will depend on a number of factors. These factors can include:
- Fault: If you were found to be at fault for the accident, it’s likely that your insurance rates will increase. However, if the other driver was found to be at fault, your rates may not be affected.
- Severity of the accident: If the accident was severe and resulted in significant damage or injuries, it’s more likely that your insurance rates will be impacted.
- Previous driving history: If you have a history of accidents or traffic violations, your rates may be impacted more severely than if you have a clean driving record.
- Insurance provider policies: Different insurance providers have different policies when it comes to accidents and rate increases. Some providers offer accident forgiveness programs or may only raise rates after multiple accidents.
It’s important to note that insurance providers typically use complex algorithms and calculations to determine rates, and the impact of an accident on your rates may not be immediate. It’s possible that your rates could increase gradually over time or at your next policy renewal.
If you are concerned about the impact of a car accident on your insurance rates, it’s important to review your policy and speak with your insurance provider. In addition, consider shopping around for different insurance providers to compare rates and coverage options.
Whether or not you will need to pay for a rental car after a car accident depends on your insurance coverage and the specific terms of your policy.
If you have rental car coverage as part of your insurance policy, your insurance company may cover the cost of a rental car while your car is being repaired or replaced. The amount of coverage and duration of rental car coverage can vary depending on your policy, so it’s important to review your policy carefully or contact your insurance provider to understand your coverage.
If you do not have rental car coverage or if your coverage is limited, you may be responsible for the cost of renting a car while your car is being repaired. However, if the accident was not your fault, you may be able to recover the cost of a rental car from the other driver’s insurance provider or through a personal injury lawsuit.
Overall, it’s important to review your insurance policy carefully and talk to your insurance provider if you have any questions about rental car coverage or other benefits. If you were injured in the accident, consider speaking with a personal injury attorney to understand your legal options and protect your rights.
Whether or not you can still drive your car after a car accident depends on the extent of the damage to your vehicle and the nature of the accident.
If the damage to your car is minor and does not affect its ability to be driven safely, you may be able to continue driving it. However, if the damage is significant, such as a damaged engine, a broken axle, or a bent frame, it may be unsafe to drive your car and you should have it towed to a repair shop.
In addition, if the airbags in your car deployed during the accident, it’s important to have your car inspected by a qualified mechanic before driving it again. Airbag deployment can cause damage to the steering wheel, dashboard, and other components of your car that may affect its safety and drivability.
If you are unsure whether it’s safe to drive your car after an accident, it’s always better to err on the side of caution and have it inspected by a professional before driving it again. This can help you avoid further damage to your car and potential safety hazards on the road.
Whether or not to contact a lawyer after a car accident depends on the specific circumstances of the accident and the injuries sustained. Here are some situations where it may be helpful to contact a lawyer:
- You suffered serious injuries: If you suffered serious injuries in the accident, such as broken bones, head trauma, or spinal cord injuries, it may be helpful to contact a lawyer who specializes in personal injury cases. They can help you understand your legal rights and options, and may be able to help you recover compensation for medical expenses, lost wages, and other damages.
- You are facing a dispute with your insurance company: If you are having trouble getting your insurance company to pay for damages or if they are offering a low settlement, a lawyer can help you negotiate with the insurance company and protect your rights.
- The accident involved multiple parties: If the accident involved multiple drivers or parties, it may be helpful to contact a lawyer who can help you navigate the legal complexities of the situation.
- You are unsure about your legal rights and options: If you are unsure about your legal rights and options after a car accident, a lawyer can provide you with guidance and help you understand the legal process.
Ultimately, the decision to contact a lawyer after a car accident is a personal one. If you are unsure about whether you need a lawyer, consider scheduling a consultation with a reputable personal injury lawyer to discuss your situation and get advice on your legal options.
Whether your insurance will cover the damages from a car accident depends on a variety of factors, including the type of insurance you have, the terms of your policy, and the specific circumstances surrounding the accident.
If you have liability insurance, which is required in most states, your insurance will generally cover damages that you are legally responsible for. This may include damage to the other driver’s vehicle or property, as well as any injuries that the other driver or passengers sustained as a result of the accident.
If you have collision insurance, your insurance will typically cover damage to your own vehicle, regardless of who was at fault for the accident. Comprehensive insurance, which is also optional, covers damages to your vehicle that are not caused by a collision, such as theft or weather-related damage.
However, there may be certain exclusions or limitations to your coverage, so it’s important to review your policy carefully and talk to your insurance provider to determine what is covered.
If the damages from the accident exceed the limits of your insurance coverage, you may be responsible for paying the difference out of pocket. If you were not at fault for the accident, you may be able to recover damages from the other driver’s insurance provider or through a personal injury lawsuit.
Overall, it’s important to understand your insurance coverage and talk to your insurance provider if you have any questions about what is covered. If you were injured in the accident, consider speaking with a personal injury attorney to understand your legal options and protect your rights.
After a car accident, there are several important steps that people should take:
- Check for injuries: The first priority is to make sure that everyone involved in the accident is safe. Check yourself and others for injuries and call for medical assistance if needed.
- Move to a safe location: If possible, move your vehicle to the side of the road or another safe location to avoid causing further accidents.
- Call the police: Even if the accident is minor, it’s important to call the police so that they can create a report of the accident. This report can be helpful later if you need to file an insurance claim or a lawsuit.
- Exchange information: Exchange contact and insurance information with the other driver involved in the accident. Be sure to get their name, phone number, address, driver’s license number, license plate number, and insurance information.
- Gather evidence: Take photos of the scene of the accident, including any damage to the vehicles and any other factors that may have contributed to the accident. If there were witnesses to the accident, get their contact information and ask them to provide a statement about what they saw.
- Contact your insurance company: Report the accident to your insurance company as soon as possible. They will guide you through the claims process and help you understand what benefits you are entitled to.
- Seek medical attention: Even if you don’t feel like you have been seriously injured, it’s still a good idea to seek medical attention after a car accident. Some injuries, such as whiplash or a concussion, may not be immediately apparent and could worsen if left untreated.
- Consider speaking with an attorney: If you were injured in the accident or if you are unsure about your legal rights and options, consider speaking with a personal injury attorney. They can help you understand your rights and guide you through the legal process.
Overall, it’s important to remain calm and focused after a car accident. By following these steps, you can protect your rights and ensure that you get the help and support that you need
Determining fault in a car accident is often a complex process that involves a thorough investigation of the circumstances surrounding the crash. Here are some steps that people can take to determine who is at fault for a crash:
- Call the police: If the accident is serious, call the police immediately. The police will investigate the accident and create a report that includes their findings about who caused the accident.
- Document the scene: If you are able to, take photos of the scene of the accident, including the position of the vehicles involved, any damage to the vehicles, and any other factors that may have contributed to the accident.
- Gather witness statements: If there were witnesses to the accident, get their contact information and ask them to provide a statement about what they saw.
- Exchange information: Exchange contact and insurance information with the other driver involved in the accident.
- Review traffic laws: Review the traffic laws in your state to determine if either driver violated any laws that may have contributed to the accident.
- Consult an attorney: If you are unsure about who is at fault or if you want to protect your rights, consult with an experienced personal injury attorney who can help you navigate the legal process.
It’s important to remember that fault in a car accident is not always clear-cut, and there may be multiple factors that contributed to the accident. Therefore, it’s important to gather as much information as possible and seek the advice of an attorney who can help you understand your legal options.
If you’ve been in a car accident, it’s important to seek medical attention even if you don’t feel like you have been seriously injured. Some injuries, such as whiplash or a concussion, may not be immediately apparent and could worsen if left untreated. In terms of pursuing an injury claim, it’s important to keep in mind that even minor injuries can result in medical expenses, lost wages, and pain and suffering. Therefore, it’s generally a good idea to speak with a personal injury attorney to determine whether you have a viable injury claim.
A personal injury attorney can evaluate the facts of your case and help you determine if your injuries are serious enough to warrant pursuing a claim. They can also help you understand your legal options and the potential value of your claim. If you do decide to pursue an injury claim, an attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
In general, it’s important to remember that it’s better to err on the side of caution when it comes to your health and well-being after a car accident. Even if you don’t feel like you have been seriously injured, it’s still a good idea to seek medical attention and speak with a personal injury attorney to ensure that your rights are protected.
In Auto Accident Cases, the process of getting to recovery can be very frustrating. Most frustration comes from not knowing what to expect next.
Multiplying your frustration are stories of people that have had their case settled in just a few months or even weeks. Some cases can be resolved quickly, but whether yours does depends on many factors. It is important to understand the stages so that you can better understand your case and know what to expect.
Most cases have seven stages: (1) injury, (2) treatment, (3) investigation, (4) negotiations, (5) filing the lawsuit, (6) mediation, and (7) trial.
It is safe to assume, at least for the near future, yes.
Medicare considers medpay as primary insurance coverage and Medicare as secondary. See 42 USC 1395y(b)(2)(A). Medicare will be entitled to that portion of medpay at 100%. Once your liability case settles and you have your conditional payment list from Medicare, Medicare requests both the third party settlement information and the amount of medpay benefits available to your client. Although Medicare reduces its liens for attorney fees and costs, it only determines the reduction on the amount of the payments after medpay benefits have been subtracted out of the rest of the lien.
Neither the Medicare statutes nor accompanying federal regulations specifically address the issue as to the applicability of the Medicare super lien to med pay coverage. Indeed, the language of 42 C.F.R. 411.26 indicates that the lien (referred to as a subrogation interest) is directed to a “third party payor” suggesting that it is directed to tort feasors or their liability insurance. However, the comments to the 1980 amendments to the Medicare statute clearly reflect that the legislature intended Medicare to be the secondary payor, not the primary payor. If it cannot assert its lienagainst MPC payments, it becomes the primary payor, and MPC becomes the secondary payor.
While the courts have not directly addressed the issue with regards to MPC coverage, the general proposition that Medicare is to be the secondary payor is strongly reinforced in United States v. Grier, 816 F.Supp. 1313 (W.D. Wis. 1993), which concluded that to allow a health insurance company to have subrogation rights ahead of Medicare’s subrogation right would make Medicare the primary payor. In keeping with the legislative intent of the Medicare statutes, it is our opinion that Medicare liens should be protected on MPC payments until the courts direct otherwise.
For instance, assume the final payments from Medicare totaled $1,250.00. If you have no medpay coverage, Medicare may require you to pay back $800.00 after considering attorney fees and costs. However, if you have conditional payments of $1,250.00 and $1,000.00 worth of medpay received, then Medicare will consider only $250 to figure the reduction for attorney fees and costs. Once Medicare considers the reduction on only the $250.00, the reduced amount may be $150 based on your settlement. You would then owe Medicare $1,150.00 for its total lien.
Quite frankly, no.
§379.204.4 gives an automobile insurer a subrogation right for payments made under uninsured motorist coverage (not med pay). This has been confirmed in <em>Kroeker v. State Farm Mutual Automobile Insurance Company</em>, 466 S.W.2d 105 (Mo.App.W.D. 1971). In those circumstances the insured is the real party in interest and must therefore bring any subrogation suit in their own name.
By statute the subrogation interest of an uninsured motorist carrier can be asserted only against the tort feasor. As such, there is no subrogation interest against med pay payments.
The primary focus of our office is on personal injury cases handling cases that involve car accidents, such as those caused by distracted or drunk driving, or negligent trucking drivers and trucking companies.
In addition to car accidents, we also handle premises liability cases, commonly referred to as “slip and fall” or “fall down” cases. These incidents typically occur on someone’s property due to poor maintenance or failure to warn of potential hazards.
Furthermore, we are experienced in handling dog bite or attack cases, where a dog has caused significant injury, including scarring or knocking a person to the ground. We understand the physical and emotional trauma caused by these incidents, and we are committed to helping you receive the compensation you deserve.
Our team of dedicated personal injury attorneys has extensive experience in negotiating and litigating these types of cases. We work tirelessly to ensure that you receive the maximum compensation for your injuries, medical expenses, and lost wages.
If you or a loved one has been injured in a car accident, slip and fall, or dog attack, contact us today. We offer a free consultation to evaluate your case and determine the best course of action to get you the compensation you deserve. Don’t suffer in silence; let us fight for your rights.
We don’t handle other types of cases because at our firm we want to be exclusively dedicated to knowing every single nuance there is about injury law. If there is a new case that comes out that affects an injured party, we want to be the ones to know it. We want to be the ones that are exclusively handling injury cases. We want to be the ones that are using the new techniques to improve the settlements or recoveries for injury clients. If we are dabbling in other cases in other areas like some firms do and some practitioners do, we aren’t dedicating ourselves fully to our injury clients. We have made a commitment to be an injury law firm. We provide complete injury law care, meaning we are going to know injury law inside and out so that our clients benefit from our exclusive and niche representation.
Predominantly we handle cases in St. Louis City, St. Louis County, Jefferson County, St. Charles County, Boone County, Montgomery County, Audrain County, Miller County, and Callaway County. However, we handle cases throughout the states of Missouri and Illinois.