MORE THAN JUST PROPERTY DAMAGE?
Q: I was injured in a car accident. My car was a complete loss. The Insurance Company promptly settled with me for the fair value of my vehicle. I have treated with doctors and have lost time from work. I still have neck and back pain. Is there a way to get the Insurance Company to pay for anything more than just the damage to my car?
A: When the Insurance Company voluntarily pays for damage to a vehicle, they have only satisfied the Property Damage part of your claim. They are often quick to issue a settlement check for repair/replacement of your car just to keep the injured party "happy." The Insurance Company does this in the hope that the injured person(s) will be satisfied with quick payment and will 'walk away.'
Of course, if you are injured, a simple Property Damage settlement does not make you 'whole'. Legitimate claims can be made for "special" damages: past medical bills, wage loss and any past out-of-pocket expenses. Claims may also be made for past and future loss of mind and body (usually established by a doctor's impairment rating), future loss of earning capacity (usually established with a vocational expert), disfigurement, (usually in burn or surgical cases), and past and future pain and suffering.
Claims regarding pain and suffering can be especially difficult to prove.
A pain "dairy" is usually used to establish both the intensity, degree, duration, frequency and character of the pain. This is especially helpful where the exact nature of the pain cannot be easily recalled at trial. With the assistance of a pain diary, comments reflecting pain and suffering ("pain was so intense that I could not get out of bed today;" "pain today was like a knife in my back") can be relived at trial without the inherent unreliability of your memory often more than two or three years later.
Robert E. Tucker and the Tucker Law Office can represent you in claims regarding Automobile Collisions (Bodily Injury). Other areas of practice include Workers' Compensation and Medical Malpractice, Products Liability and Premises Liability (slip and falls). He can be contacted for a free, initial consultation, as follows:
Tucker Law Office
2400 86th Street | Suite 35
Des Moines, IA 50322
Office: 515-276-8282 | Toll Free: 800-276-5076 | Cell: 515-238-9380 | Fax: 515-276-4001
MED PAY COVERAGE
Q: I was injured in a car accident recently. I was told by the other driver's insurance company that my car insurance would pay the medical bills. Why do I have to look to my own insurance when they were at fault?
A: Often, while the other driver's insurance company is evaluating an automobile collision claim, and the case has not been concluded, they ask that urgent medical bills be paid by Medical Payments coverage held by you, the innocent driver. This is perfectly normal. At the conclusion of the case, your insurance company will seek reimbursement of their money spent on your early medical bills, termed a "Med(ical) Pay(ments)" lien, from the other driver's insurance company.
You should not be put off by this practice. After all, this "Med Pay" coverage is paid for by you. It is a small part of your automobile insurance premium. Med Pay coverage entitles you to No-Fault, "no questions asked" payment of your medical bills while the claim is still being investigated. You are not required to pay anything additional while thousands of dollars of medical treatment is being provided to you, often in an emergency and/or surgical setting.
Automobile collisions are a major event in a person's life. The claims arising therefrom should be handled by an attorney with the requisite skill and experience in the area. This allows you to deal with getting well and the attorney to deal with all other matters related to the claim.
Robert E. Tucker and the Tucker Law Office can represent you in claims regarding Automobile Collisions (Bodily Injury). Other areas of practice include Workers' Compensation and Medical Malpractice, Products Liability and Premises Liability (slip and falls). He can be contacted for a free, initial consultation, as follows:
Tucker Law Office
2400 86th Street | Suite 35
Des Moines, IA 50322
Office: 515-276-8282 | Toll Free: 800-276-5076 | Cell: 515-238-9380 | Fax: 515-276-4001