Insurance Policies Are Contracts:

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.

Insurance Coverage:

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:

• 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.
• Property Damage Liability - Pays to repair or replace another person's damaged property, such as a car, or fence.
• Uninsured Motorist Coverage (UN) - 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 automobile.
• 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.
• Medical Payments - Pays medical, hospital, professional-nursing, or funeral expenses regardless of who was at fault. (Med-Pay for non-auto cases).
• 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 in an auto accident. Collision Coverage - Pays for accident-related repairs or replacement of your vehicle. Usually required by lenders if you have a car loan.
• Collision Coverage – In an auto accident this pays for accident-related repairs or replacement of your vehicle. Usually required by lenders if you have a car loan.
• Full Coverage - Covers damage to your car from events other than accidents such as; fire, hail, falling trees and vandalism.
• 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 coverage for homeowners where there is an injury sustained by someone in the home, or on the land that the homeowner owns. This may include: slip & fall, dog bite cases and fire/burn injuries.
• 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.
• Punitive Damages - This coverage is often excluded on insurance policies. It covers a person who is grossly negligent or intentional when he/she causes injury to another, such as a drunk driver.

 

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.

Policy Limits:

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.

Recommended Policy Limits and How to Purchase Insurance:

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:

Vehicle Insurance:

• Property Damage = $50,000 (Liability)
• Bodily Injury = $100,000 per person; $300,000 per accident or $300,000/$500,000
• PIP = $30,000 - $50,000 Uninsured (UN) = $300,000/$500,000
• Underinsured Coverage (UIM) = $300,000/$500,000

All Insurance:

• Homeowners = $300,000/$500,000
• Umbrella Policy = 1 million or greater, depending on assets

Motorcycle:

• Be sure to request PIP/UN/UIM on a motorcycle

Request Separate Policies/Deck Sheets (Auto):

• When purchasing auto insurance put each vehicle on a separate policy so the coverage can be stacked (added together) if needed. Ask an attorney to make sure the policies are stackable.