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"No Fees, Costs, or Expenses Unless You Recover!"
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Insurance Policies Are Contracts:
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All insurance policies are contracts between you and your insurance company. The language of the
policy dictates your rights. When you have a question, your policy is the place to look for answers.
Unfortunately, most policies are hard to understand. At the law office of Flora Templeton Stuart we
want you to know your rights and we help you understand them.
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Kinds of Coverage:
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Our law firm will work hard to obtain every penny you deserve. Usually this can be done without going to
court by collecting damages from insurance policies, which may provide additional protection for you. We
will be obtaining your medical records as well as reviewing those records throughout your case. We will be
discussing with you your medical treatment, as well as working to get your medical bills paid. In addition,
we will be obtaining information concerning the amount of insurance you can collect for your case. Some types
of insurance policies frequently used in injury cases are as follows:
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Bodily Injury Liability - Pays when you injure someone in an accident. Bodily
injury claims can include medical expenses, pain and suffering, rehabilitation costs, and lost wages.
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Property Damage Liability - Pays to repair or replace another person's damaged
property, such as a car, or fence.
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Uninsured Motorist Coverage - Insures you and any passengers in your vehicle if
you were to be hit by an uninsured driver or a hit-and-run driver. This does not cover damage to your vehicle.
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Underinsured Motorist Coverage (UIM) - When another driver is at fault, this pays
expenses for you and your passengers not covered or paid for by the other driver's insurance. It does not cover
damage to your vehicle. UIM coverage can be waived if you settle for the policy limits of the defendant without
proper notification to the UIM carrier before you settle. When you have a serious injury you should seek the advice
of an attorney knowledgeable in this area of practice.
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Medical Payments - Pays medical, hospital, professional-nursing, or funeral expenses
regardless of who was at fault. (Med-Pay for non-auto cases).
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Personal Injury Protection (PIP) - Similar to medical payments in that it pays medical
and hospital expenses and some funeral bills, but it also pays you or any injured passengers in the vehicle you are
in for a portion of lost wages and essential services they can't perform, such as housekeeping in automobile accidents.
You or your attorney can reserve PIP for basic needs since the policy is limited in Kentucky. Collision Coverage - Pays
for accident-related repairs or replacement of your vehicle. Usually required by lenders if you have a car loan.
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Collision Coverage - Pays for accident-related repairs or replacement of your vehicle.
Usually required by lenders if you have a car loan.
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Full Coverage - Covers damage to your car from events other than accidents such as;
fire, hail, falling trees and vandalism.
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Homeowners - Insurance that usually covers an owner of a home from any negligence by
that homeowner or other occupants such as guest or invitees in the home. This can also apply in some cases to the
children of the homeowners. There may be other coverage for homeowners where there is an injury sustained by someone
in the home, or on the land that the homeowner owns.
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Overage/Umbrella - This is additional insurance that can cover you in the event that you
injure another person and your insurance limits are not adequate to cover the injury. This is important to have for
anyone with assets in excess of the limits you have on your other policies.
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In automobile accidents with serious injuries there are issues of stacking coverage, waiver of UIM, and uninsured motorist coverage.
UIM may be available to family members, persons residing in the same household, or in other instances, so should be handled by an
experienced attorney in injury law. Our law firm concentrates in injury law so we can better serve our clients in this area of practice.
Additional issues that arise in serious injury cases are liens, which may be placed against your case such as health insurance,
Medicaid/Medicare, and Worker's Compensation. It is very important that the attorney representing you works quickly in some cases
to protect you from these liens.
If you have completed your medical treatment, or need to settle or file suit, your attorney will meet with you to discuss the
value of your claim and the insurance policies available so that you can be paid for your injuries. The amount of money we
collect for you will be based on numerous factors to include: the extent of your injuries, liability, property damage, medical
bills, treatment, types of physicians, pre-existing problems, what your physicians say about your injuries, and how much insurance
there is to collect.
All negotiations will be handled by an attorney in our office and you will be notified of the progress. You make the final
decisions in your case.
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Policy Limits:
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This is the maximum amount the insurance company can owe or will pay for a loss. The amount actually paid by the
company will be based on your legal damages and cannot be more than the limits of the policy. Therefore, if you
have assets (property) greater than the limits you carry you can have your assets attached.
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Recommended Policy Limits:
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Anyone can make a driving error or other negligent act that results in serious injury to someone else. Given the
risk of serious injury and the costs of medical care, we recommend that everyone carry the following minimal limits.
(If you can afford more get it!) If you have assets greater or own a business your limits should be greater and you
will need an umbrella policy:
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Vehicle Insurance:
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Property Damage = $50,000 (Liability)
Bodily Injury = $100,000 per person; $300,000 per accident or $300,000/$500,000
PIP = $30,000
Uninsured = $300,000/$500,000
Underinsured Coverage = $300,000/$500,000
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All Insurance:
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Homeowners = $300,000/$500,000
Umbrella Policy = 1 million or greater, depending on assets
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FAQ About Insurance:
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We are often asked the same questions about insurance. Naturally there are differences between policies.
You should check your policy to see that these answers apply to your situation and always seek the advice
of an attorney in this area of practice. The above only represents some types of insurance; you may need
more or different policies.
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Will I be covered if involved in an accident while driving someone else's car?
Yes, your responsibility for injury to others or for damage to other autos will generally be covered by your own
insurance. There may not be coverage for the damage to the vehicle you are driving unless the owner purchased
collision coverage. Always check your policy to make sure you are covered.
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Can my son or daughter, covered under my policy, drive someone else's car and still be covered by my policy?
A son or daughter can drive someone else's car with permission and still be covered by your policy, if he or she is
a resident of your household and has reasonable belief that he or she is entitled to use the vehicle being driven.
Always check to make sure.
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What should I do if I have an accident?
You should immediately report all accidents, however slight, to the police and your insurance company. The parties
involved should receive from each other the name, address, license number, plate number, insurer, date and time of
accident, and the names and addresses of witnesses. Your insurance company should be notified before you authorize
repairs to your car.
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What if the other driver is at fault and has no insurance?
If you have uninsured motorist coverage your own insurance company will step in and pay as if they were the guilty
driver's insurance company. If your case is filed in court, your insurance company will hire a lawyer to defend the
other driver, and will pay any amounts the court orders the guilty driver to pay. Naturally, the insurance company
only has to pay amounts up to the policy limits you purchased. You can stack the policies in Kentucky and many
states.
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Will my policy pay for a rental car if my car is damaged?
This varies from policy to policy, but typically car rental is paid for the period between the accident and repair,
or until such time as the vehicle is appraised as a total loss, and the loss is paid or offered. Insurance adjusters
may offer to pay only the least expensive rates available for a rental car. It is usually your responsibility to
pay for insuring the rental car.
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If my car is totaled, will insurance pay off my car note?
Not necessarily, your recovery will be for the actual cash value of the car not the amount owed. The term "actual
cash value" refers to what it would cost to replace your damaged vehicle with one similar in condition and mileage.
Conditions such as un-repaired previous damage, mileage, and tire wear are all considered in determining actual cash
value. If your car has been financed, the actual cash value may be much less than the money owed.
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What is the meaning of "subrogation" when applied to my automobile insurance?
When your insurance company pays you for a loss caused by another driver, the company may recover the full amount
of their payments made from that other party. This also means if your insurance company pays you, you will have to
cooperate with them as they may sue the other party. You must repay your insurance company any amounts they have
paid you if your claim against someone else is successful. There are some situations where the subrogation interests
at an insurance carrier can be waived or defeated altogether. These are complex issues that require the advice of an
attorney.
There are many other types of subrogation such as Medicare, Workman's Compensation, Medicaid, Erisa (Health Insurance),
PIP, etc who all may want to be paid back from recovery in the case. If is very important to have an attorney experienced
with subrogation liens when handing your case or these liens may "eat up" your entire recovery. Our law firm works hard to
protect you against liens whenever possible and contest liens that should not be paid.
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Am I entitled to a rental car?
If the other driver clearly caused the accident, and your car is not safe to operate or is being repaired, you are
entitled to a rental car for the loss of the use of your vehicle while it is inoperative, if you are 21 years of age
and have insurance. We will contact the insurance company free of charge and assist in obtaining a rental car for
you while your vehicle is disabled.
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How to collect my property damage?
You will be entitled to property damage for the loss of your vehicle if your car has been totaled which is what your
vehicle would have sold for prior to the collision or the book value of your vehicle. If your car is not totaled and
needs repairs, it is recommended that you obtain three estimates of cost of repairs. The insurance company is
responsible to pay the reasonable cost of those repairs. If your car has been totaled, you may want to keep your
vehicle for salvage value and this can often be worked out with the insurance company.
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Which insurance company will repair my vehicle?
If you have insurance that covers your vehicle loss (collision or full coverage) you can elect to have your own
company repair your vehicle or you can collect from the other party's insurance company who was at fault. We will
assist you and if you cannot come to fair agreement with the other party's insurance company, it would be our
recommendation to collect from your own company and then let them collect from the other insurance company at fault.
Be careful not to run up storage bills especially after you have been offered money for your vehicle and that the other
insurance company knows that the vehicle is being stored. You only have a right to collect reasonable storage bills
while your car is not operable until you are offered a reasonable amount for your vehicle.
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Do I sign a release?
If you are only settling your property damage, you need to be very careful that the release is limited to the property damage only.
We would be glad to review the release with you to protect your rights.
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Medicare/Medicaid/Erisa/Worker's Compensation:
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State & Federal Law requires that if Medicare/Medicaid/Erisa/Worker's Compensation pays your medical bills or benefits
due to your injury, then they are paid back from your recovery. In some cases, with severe injuries, we can obtain a
Medicare Waiver and/or reductions in the amount reimbursed for Medicaid. Always have PIP (auto insurance) or private
insurance pay bills when available. Erisa is your health insurance provided by your employer.
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Medical Bills/Records:
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We will obtain copies of all medical and hospital records. We also need records of any expenses you many have in
connection with your accident, which includes hiring someone to help you, mileage expenses, and medical expenses.
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Lost Wages:
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Please keep an accurate record of all days lost from work due to your injuries. You should also send us copies of
all off work releases issued by your doctors. This is essential for us to be able to obtain reimbursement for
your lost wages and for us to collect money for you when we settle your case. PIP will usually pay $200.00 per
week maximum for lost wages and the rest can be collected from the other insurance company at fault.
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Photographic Evidence:
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We will make every effort to take photographs of your injuries as well as your property damage to establish your case.
This may include photography and video provided by our office.
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Investigations:
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Our law firm will be obtaining evidence to include witnesses' statements. In some very serious cases we will retain
detectives to further investigate your case. We leave no stone unturned.
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