1 Overview: Maximizing Recovery on Auto Claims and Legal Update A Presentation for the MAHAP General Session Mt. Pleasant, Michigan January 27, 2012 Robert E. Dice, Jr., Esq. Miller & Tischler, P.C Northwestern Highway Suite 200 Southfield, Michigan Copyright All Rights Reserved Call for FREE advice: (248) (313) When should bills be paid by auto insurance? If a motor vehicle is involved in the accident, the injured person is entitled to nofault benefits (also known as first party or PIP (Personal Injury Protection) benefits). 2. What are no-fault benefits? No-fault benefits include claims for medical bills, wage loss, replacement services (assistance with household chores), medical transportation expenses and attendant care (care at the level of a home health aide or nurse). 3. What circumstances give rise to a claim for no-fault benefits? MCL provides that a no-fault insurer is liable for paying benefits for accidental injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle. 4. What medical expenses must the insurer pay? MCL provides that personal protection insurance benefits are available for allowable expenses. Allowable expenses are all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person s care, recovery or rehabilitation. 5. What must a medical provider establish in order to get paid? A) The claimed expense must be incurred (the insurer has no duty to preauthorize treatment). B) The expense must be for the injured person s care, recovery or rehabilitation. C) The charge must be reasonable. D) The treatment must be reasonably necessary.
2 6. When is payment due? MCL (2) provides that no-fault benefits are due 30 days after the insurer receives reasonable proof of the fact and of the amount of loss sustained. 7. How do I know which auto insurance company has to pay the bills? If a patient is injured in a car accident and has car insurance, you make a claim with that car insurance. But what about situations where it is not so simple? The Michigan Nofault Act (MCLA et. seq.) sets forth the rules for determining which insurance company pays under different circumstances. These rules are detailed on the following pages entitled No-fault PIP Priorities. No-Fault (PIP) Priorities: A Systematic Analysis First, you must determine whether or not benefits are available under the No-Fault Act. Ask the following questions: 1. Was there an accidental injury that arose out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle? - If the answer is Yes, continue. There is a great body of law in which the courts have analyzed whether injuries arose out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle. Some examples: - Maintenance coverage allowed: Warming oil pan with charcoal Car falling off jack Preparing to tow Washing a car Standing next to car to see why car stalled Burned by steam from radiator - Loading/Unloading coverage generally allowed - Slip and fall coverage generally not allowed unless person is touching the vehicle - Assault while in motor vehicle coverage generally NOT allowed
3 UPDATE PROOF OF CAUSAL CONNECTION SCOTT V. STATE FARM In the case of Scott v. State Farm, 278 Mich App 720 (2008), 483 Mich 1032 (2009), the Michigan Court significantly decreased the level of proof required to claim no-fault (PIP) benefits. Plaintiff Scott suffered a traumatic brain injury and developed severe balance problems after an auto accident. She gained weight because she couldn t exercise and developed high cholesterol as a result. Ms. Scott sought payment for cholesterol lowering drugs from State Farm. State Farm denied the claim, taking the position that the need for cholesterol medication was not caused by the accident. The appellate courts ultimately ruled that dismissal of Ms. Scott s claim was improper, saying that a Plaintiff is not required to establish direct or proximate causation. In fact, the court stated in its opinion that almost any causal connection will do. MOTORCYCLES ARE NOT MOTOR VEHICLES UNDER THE MICHIGAN NO- FAULT ACT A motorcycle is not defined as a motor vehicle under the No-fault law. If patient was injured in a single motorcycle accident (e.g. a motorcyclist hits a tree, deer, or other motorcycle), no PIP benefits are available. However, if a motor vehicle hits a motorcycle or a motor vehicle cuts a motorcyclist off causing him to lose control and suffer injuries, a motor vehicle was involved and no-fault benefits are available. 2. Do any of the exclusions listed below apply? (a) Uninsured owner/operator - If the patient is an owner and driver of an uninsured vehicle that was involved, he or she is not entitled to PIP. (b) Stolen Vehicle - A patient that stole the accident vehicle is not entitled to PIP. (c) Intentional Act - A patient that intentionally crashes his car cannot claim PIP benefits. If the circumstances pass the tests above and none of the exclusions apply, you determine the responsible insurance company by first determining whether the patient is an Occupant of a privately owned vehicle, a Non-Occupant or a Motorcyclist according to the Michigan No-Fault law. The priority scheme for determining which auto insurance company is responsible for PIP benefits is different for an occupant, non-occupant and motorcyclist. The charts that follow explain the process for determining which company is responsible.
4 OCCUPANTS 1. Named Insured: If the patient has a motor vehicle with insurance, that insurance company pays. If not, proceed to next level. 2. Spouse or Resident Relative: Does the patient live with a spouse or relative that has an insured motor vehicle? If so, that company pays. If not, proceed to next level. 3. Insurance Company of the Owner of the vehicle they were in: The insurance on the motor vehicle occupied pays. If none, proceed to next level. 4. Insurance Company of the Driver of the vehicle they were in: If the driver borrowed a friend s uninsured motor vehicle, the driver may have an insured motor vehicle. If so, the driver s insurance company pays. If not, proceed to next level. 5. Assigned Claims Facility: Some automobile insurance companies that do business in Michigan participate in the assigned claims plan. If there is no insurance at any of the levels described above and there are no exclusions that would bar coverage, the assigned claims facility will assign the claim to an insurance company for the payment of benefits. The state of Michigan reimburses the handling insurance company.
5 NON-OCCUPANTS (This includes pedestrians, joggers, bicyclists, snowmobilers, moped riders, tractor drivers, but not motorcyclists) 1. Named Insured: If the patient has a motor vehicle with insurance that company pays. If not, proceed to the next level. 2. Spouse or Resident Relative: Does the patient live with a spouse or relative that has an insured motor vehicle? If so, that company pays. If not, proceed to the next level. 3. Insurance Company of the Owner of the vehicle involved: If none, proceed to the next level. 4. Insurance Company of the Driver of the vehicle involved: If the driver borrowed a friend s uninsured motor vehicle, the driver may have an insured motor vehicle. If so, the driver s insurance company pays. If not, proceed to the next level. 5. Assigned Claims Facility: Some automobile insurance companies that do business in Michigan participate in the assigned claims plan. If there is no insurance at any of the levels described above and there are no exclusions that would bar coverage, the assigned claims facility will assign the claim to an insurance company for the payment of benefits. The state of Michigan reimburses the handling insurance company.
6 MOTORCYCLE PRIORITIES (Operators and passengers) 1. Insurance Company of the Owner of the Motor Vehicle involved. If none, proceed to the next level. 2. Insurance Company of the Operator of the Motor Vehicle (not motorcycle) involved. If none, proceed to the next level. 3. Insurance Company of the Motor Vehicle (not motorcycle) of the operator of the motorcycle. If none, proceed to the next level. 4. Insurance Company of the Motor Vehicle (not motorcycle) of the Owner or person on the registration of the motorcycle. If none, proceed to the next level. 5. Spouse or Resident Relative: Does the patient live with a spouse or relative that has an insured motor vehicle? If so, that company pays. If not, proceed to the next level. 6. Assigned Claims Facility: Some automobile insurance companies that do business in Michigan participate in the assigned claims plan. If there is no insurance at any of the levels described above and there are no exclusions that would bar coverage, the assigned claims facility will assign the claim to an insurance company for the payment of benefits. The state of Michigan reimburses the handling insurance company.
7 THE ASSIGNED CLAIMS FACILITY The State of Michigan established the Assigned Claims Plan in 1973 to provide financial help to people injured by uninsured motorists. The Assigned Claims Plan is administered by the Michigan Department of State under authority of the No-Fault Insurance Law. If there is no available insurance, a dispute between insurance companies as to who should pay or the insurance company responsible for the claim is unable to pay (because of bankruptcy), the patient must make a claim to the Assigned Claims Facility. The Assigned Claims Facility will then assign the claim to an insurance company for handling. How do I file a Claim with the Assigned Claims Facility? You must fill out an Application for Bodily Injury Benefits (NF-21). You may obtain one at at any Secretary of State branch office or by contacting: Assigned Claims Facility Michigan Department of State Lansing, MI (517) Practical recommendations for making claims through the Assigned Claims facility include: - If you are unable to determine the applicable insurance company, ALWAYS file an assigned claim. Assigned Claims personnel will start its own investigation into whether there is any auto insurance applicable to the loss. If they find it, they will let you know and you can claim through that company. If they can t find any, they are responsible for assigning the claim to a participating insurance company. - Do your investigation early and make an assigned claim as soon as possible to avoid problems with the one year statute of limitations. - You do not have to make the claim in the patient s name. You can make the claim in the name of the medical provider. - Although it is preferable, you do not have to submit a copy of the police report as proof of the auto accident. If you don t have time to get a police report or can t locate one, submit the EMS run sheet or even hospital records that document the accident.
8 SPECIAL PRIORITY SITUATIONS: Vehicles for Hire: If patient is in a vehicle for hire (limousine, ambulance) the hired vehicle s insurance company pays. If the hired vehicle has no insurance, you then follow the priority scheme for occupants of motor vehicles. For taxi cabs, school buses and certain other types of buses, the priority scheme is the same as that for occupants of motor vehicles. MCL (2). Company Car: If patient is injured and he has a car given to him or her to use by his or her employer, the only time that the insurance policy on that car pays is if the employee, his spouse or resident relative was actually in that vehicle at the time of injury. Otherwise, follow the priority scheme for occupants of motor vehicles. MCL (3). WHAT IF THE PATIENT IS NOT A RESIDENT OF MICHIGAN? Out of state Resident in Michigan Accident: An insurer that sells auto insurance in Michigan must file a certification pursuant to MCL If a resident of another state is involved in an accident in Michigan and his insurance company has filed the MCL certification, the out of state resident is entitled to Michigan No-Fault benefits. Note: A $500, limit will likely apply to such claims. MCL (4). MEDICAL PROVIDER CLAIMS How can a provider get involved in the No-Fault insurance claim? Often a patient is involved in a motor vehicle accident, yet the medical provider has difficulty submitting its claim and getting it paid by the automobile insurance. And now that there is effectively one year to get paid or file suit on a bill, fast action is even more crucial. Problems arise when: 1. The patient dies, disappears or does not cooperate. 2. You have little or no information as to what insurance company should cover the bill. 3. The auto insurance company delays payment or refuses to pay. 4. The patient has an attorney that you don t want to represent you. 5. The bill is unpaid and the one year anniversary of the treatment is near. How can a doctor, hospital or other provider bring a claim? There are four potential methods: 1. Through the patient with his cooperation. 2. Assignment: The patient assigns his legal rights to the medical provider. 3. Intervention: A medical provider can intervene in a pending lawsuit with its own lawyer. Michigan Court Rule provides for intervention, but it is up to the
9 judge s discretion. Can save a claim if you are beyond one year from the date of service. 4. Direct action: Since 2002, Michigan law allows a provider to bring a lawsuit directly against the auto insurance carrier. (Warning: medical providers are subject to the same one-year statute of limitations that applies to the patient). Because of the short statute of limitations on no-fault claims, usually a medical provider is involved in a lawsuit brought by the patient that includes a claim for medical expenses or as a Plaintiff in a direct action. Note a no-fault action can almost always be filed in any District or Circuit Court in Michigan regardless of the location of the medical provider. Venue is proper in any county where the auto insurance company does business. Advantages of a direct action: - Most auto adjusters would rather pay a medical provider than a patient/claimant. They tend to become jaded and suspicious of claimants but this is usually not the case with medical provider claims. - The adjuster is more likely to resolve a medical provider claim because these claims essentially become a battle between two witnesses: (1) an insurance hired gun that has performed a onetime examination and (2) a treating physician with a track record with the patient. - The adjuster knows that you will be able to produce a physician witness in support of the claim. (Note: it is often important that the physician have an accurate history in order to be persuasive). - You choose your own attorney and the terms of your payment to the attorney. The No-Fault Statute of Limitations: Warning Extreme Caution Required! Under the Michigan No-fault Act, A claimant must give notice of a no-fault claim to the appropriate insurance company within 1 year of the date of the accident AND must submit reasonable proof of the fact and amount of loss for each expense claimed within 1 year of the date that the expense was incurred. Therefore, a medical provider has 1 year from the date of treatment to submit its bill to the appropriate auto insurance company. Until 2005, Michigan law stated that the 1 year limitation was tolled until the insurance company formally denied benefits. From a practical standpoint, the period for submission of medical bills was often extended well beyond the 1 year limitation. However, in Devillers v. Auto Club, 473 Mich 562 (2005) the Court overturned this
10 tolling provision. Now, a medical provider must file suit if its bill is not paid within one year of the date of service to avoid losing the right to payment by operation of the statute of limitations. The Michigan appellate courts have enforced this 1 year limitations even where they have acknowledged the unfairness of enforcing it. In the case of Henry Ford Health Systems v. Titan Insurance Company, released May 24, 2007, the Court found that Henry Ford Health System s $136, bill for treatment rendered to Sandra Leach after an automobile accident was barred because Henry Ford did not file suit within one year of the treatment. What makes this case even more troubling is that the insurance company submitted the bill to a review company, approved the charges and advised Henry Ford. They then sent a letter to a different Henry Ford office denying the claim for other reasons. Henry Ford did not file suit within one year and the Court dismissed their case. In other words, the insurance company sandbagged Henry Ford and got away with it. Based on the Henry Ford case, it is my recommendation that medical providers track EVERY case involving auto insurance so that suit can be filed if payment is not received within one year of the date of treatment. As the Henry Ford case makes clear, it doesn t matter whether the failure to pay results from the action or inaction of the insurance company if you don t file suit within one year, your claim is barred. Practical recommendations for dealing with the short statute of limitations include: - developing a diary system for regular, frequent contacts with the insurance adjuster - written contacts are best (even if a form letter) because if it is necessary to file a lawsuit, the inaction of the insurance company can be used against it to obtain interest and attorney fees - don t wait until the absolute last minute file suit within 30 days of the one year anniversary of the date of first treatment - don t accept promises from an insurance adjuster to extend the time to file suit beyond one year as such promises may not be enforceable 2010 Update UM Regents v. Titan Insurance Company In the 2006 case of Cameron v. ACIA, the Michigan Supreme Court ruled that automobile insurance companies could refuse to pay medical expenses for children and mentally incompetent adults simply because legal action to enforce payment of those expenses had not been filed within one year. In the recent UM Regents decision (released ), the Michigan Supreme Court recognized a fundamental concept of
11 fairness and justice that had been completely disregarded by the Cameron case in 2006 that children and mentally incompetent persons do not have the same ability to enforce their legal rights as do able-bodied adults. That is why, for over 30 years, the Michigan appellate courts protected this class of vulnerable claimants from oppressive legal time limitations that could destroy their rights. The UM Regents case has restored these protections for children and mentally incompetent persons. Practical considerations if auto insurance denies your bill saying that more than one year has passed since the date of service, make sure the patient is not a minor or mentally incompetent. They are entitled to payment of their medical expenses even if more than one year has passed since the date of service. Medical Bill Audits Insurers have the right to review medical bills to determine if the charges are reasonable (under MCL ) and customary (under MCL ). In the seminal case of AOPP v. ACIA 472 Mich 91 (2005), the Court stated that insurers not only have the right to perform medical audits but have an obligation to audit bills to determine if they are reasonable and customary. The good news: no-fault insurers may not use fee schedules from other systems such as workers compensation as measures of reasonableness. The bad news: the Court approved the use of the 80 th percentile test but did not say that it was an appropriate measure in all cases. The Court stated that the appropriate measure of whether a bill is reasonable and customary must be made on a case by case basis. Practical recommendations for dealing with bill review companies include: - Read and analyze the review documents carefully as the reviews are mass produced and often contain errors and improper coding assumptions - Follow the appeal process if you have a reason to challenge the review - If you haven t resolved the issue and the one year anniversary of the date of service is approaching, file a lawsuit against the insurer
12 An Attorney Collects Your Bill You Never Hired Him Do You Owe Him a Fee? You get a call from an attorney saying that he has forced an insurance company to pay your patient s bill. He wants you to compromise your bill and pay him a fee for collecting it. Can he do this? No - if the bills were paid voluntarily (that is, the bills were not in dispute). No - if he has never notified you (the medical provider) prior to collecting on its bills (however, per the Miller case discussed below, very little notice is required). Yes - if the attorney notified the medical provider, allowed it to decline his services and he has performed substantial work to justify a fee. If the provider ignores the notice, the attorney may still be entitled to a fee if he performed substantial work. (Michigan Rule of Professional Conduct 1.5) UPDATE MILLER V. CITIZENS INSURANCE and DMC The recent case of Miller v. Citizens Insurance and DMC, Mich App (2010) COA No demonstrates how a medical provider that sits on its rights can end up paying a large attorney fee to an attorney that it never hired. Here s the timeline: Ryan Miller seriously injured in a car accident Citizens denied Ryan Miller s application for benefits Ryan Miller s attorney files suit against Citizens Miller s attorney settles the case against Citizens DMC s Motion to intervene denied After the denial of benefits by Citizens, the patient s attorney filed suit and ultimately settled the case. The settlement included an agreement to pay the patient s accidentrelated medical bills. The patient s attorney then sought payment of a one-third attorney fee pursuant to his fee agreement with the patient. DMC appealed as an interested party asking the Court to rule that it didn t have to pay the patient s attorney fee because (1) it did not receive appropriate notice of the attorney s representation, (2) the attorney did not provide any notice to DMC that it was pursuing the DMC bill and (3) the attorney did not provide the DMC with an opportunity to retain its own counsel. The Court ruled against DMC because (1) DMC did know of the attorney s involvement as of December 2007, (2) DMC did not advise the patient s attorney not to pursue payment of its bill from Citizens (3) DMC did not send a letter to Citizens advising that
13 the patient s attorney did not represent DMC, and (4) DMC did not advise Citizens that the payment should go directly to DMC and not to the patient s attorney. On the billed charges of $150,660.51, the Court ordered payment of $102, to DMC and $48, to the patient s attorney. Practical recommendations for dealing with patient attorneys include: - Don t ignore a letter from a patient s attorney offering to collect your bill. If you do, it can be interpreted as tacit approval and you may be required to pay the attorney. (In the Miller case, the attorney s name on a Medicaid claim form and a medical record request was enough for the Court to find that DMC had notice of his involvement). - If you do not want the patient s attorney to represent your interests, notify the attorney and the insurance company in writing immediately. - If you do work out a deal with the patient s attorney to collect your bill, work out the fee arrangement in advance and get it in writing. Be careful as to what you are agreeing to accept (agree to accept a certain percentage of your outstanding charges NOT a percentage of the recovery on the case. - If you use your own attorney and pursue a direct action in your own name, contact your lawyer immediately so that you don t miss the one year deadline. - It usually makes sense to hire your own attorney as he/she will put your interests first and be less likely to compromise your bill. - If over a year has passed and you haven t filed suit, you are too late. However, you may still intervene in the patient s suit, if he has filed one. If you are too late to intervene, negotiate the best deal possible with the attorney. Demand that he document the substantial work that he performed in collecting you bill. PROPOSED LEGISLATION ALERT Many troubling proposed changes to the Michigan No-Fault Act have surfaced recently. The most distressing proposal for medical providers is House Bill 4936 introduced September 13, 2011 by Rep. Peter Lund of Shelby Township. The bill would make numerous amendments to the No-Fault Auto Insurance statute within the Insurance Code. The key provisions include the following:
14 o No-fault policies would no longer automatically cover unlimited lifetime medical and rehabilitation benefits. Instead, drivers could choose personal injury protection (PIP) coverage with (1) a maximum of $500,000; (2) a maximum of $1 million; or (3) a maximum of $5 million. The default amount would be $500,000. o Individuals injured on a motorcycle involved in an accident with a motor vehicle could claim PIP benefits only up to a maximum of $250,000. o Limits charges for auto accident-related medical expenses to the amounts NOT MORE THAN the amounts set forth in the Workers Compensation fee schedule. Currently, a medical provider is entitled to reasonable and customary charges for medical services. o For claims made with the Assigned Claims facility where no insurer is identified claimant is limited to $250,000. o PIP benefits are limited to the $250,000 limit for accidents occurring in the state if the injured person is a nonresident of the state and the injured person's benefits are payable under a policy delivered outside of the state. o Specific limits would be placed in statute on attendant care or nursing services provided in an injured person's home, including limits on hourly payment for the provision of basic services and skilled services. o Insurance companies are not required to reduce premiums. There will be minimal premium reductions if this bill is passed certainly not enough to achieve the goal of enticing many people who are currently uninsured to purchase automobile insurance. For further details, go to Uninsured Motorist Coverage RECOMMENDED COVERAGE FOR YOUR PERSONAL AUTO INSURANCE POLICY If the negligent driver that caused the accident did not have insurance, you may still be entitled to compensation for third party benefits (pain and suffering, excess wage loss, etc.) if there is special insurance coverage on your vehicle, a vehicle in your household or the vehicle that you were in. The special coverage is called Uninsured Motorist Coverage (UM Coverage).
15 UM Coverage also applies if you are involved in a hit-and-run accident. If you can not identify the owner or driver of the other vehicle you may file a claim with your UM Carrier depending on the circumstances. Uninsured Motorist Coverage is inexpensive (a policy for $50,000 worth of coverage can be purchased for less than $20 per year). You should check your policy and make sure that it provides for Uninsured Motorist Coverage. You should have at least $100, of Uninsured Motorist Coverage. Underinsured Motorist Coverage Another important type of insurance coverage is called Underinsured Motorist Coverage. If a negligent driver/owner causes an accident and has a small insurance policy that does not compensate you for the full extent of your injuries, then you may obtain additional money from your own insurance company. Example: If you fracture your leg and have surgery but you will limp for the rest of your life, your injury arguably could be worth $100, in pain and suffering damages. If the negligent driver/owner only has a $20, bodily injury liability policy and you purchased $100, of Underinsured Motorist Coverage, you potentially may recover the $20, of the negligent driver/owners insurance company and up to an additional $80, from your insurance company, for a total recovery of $100,
Why Learn About No-Fault? MVA? PIP, OOP, MACP, ERISA, COB, SOL and Other Acronyms You Need to Know A Presentation for MAHAP Mt. Pleasant, Michigan March 20, 2015 Robert E. Dice, Jr., Esq. Dice Law PLLC
Why Learn About No-Fault? Michigan No-Fault Law: What You Don t Know Can Hurt You Third Party Payer Day Mt. Pleasant, Michigan October 30, 2015 Robert E. Dice, Jr., Esq. Dice Law PLLC 25925 Telegraph Rd.
Michigan No Fault Law Essential Knowledge for Hospital and Medical Office Personnel Why Learn About No-Fault? A Presentation for Third Party Payer Day Mt. Pleasant, Michigan November 21, 2014 Robert E.
Prepared by: Barton L. Slavin, Esq. 1. Identify Insurance Company - On the Police Report there is a three digit code that identifies the insurance company for a vehicle. The following link will take you
The Michigan Auto Insurance Report The Inside Secrets To Buying Auto Insurance" By: Daniel L. Buckfire Michigan s No-Fault Insurance Lawyer Call Toll Free: (800) 606-1717 www.buckfirelaw.com www.freeautoinsurancereport.com
Motorcyclists and the Michigan No-Fault Law (2nd Edition) Important Questions and Answers By George T. Sinas SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C. ATTORNEYS AT LAW 3380 Pine Tree Road, Lansing,
NEW YORK STATE BAR ASSOCIATION LEGALEase If You Have An Auto Accident If You Have An Auto Accident What should you do if you re involved in an automobile accident in New York? STOP! By law, you are required
rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers
MICHIGAN NO-FAULT LAW Your Questions Answered HALPERT, WESTON, WUORI & SAWUSCH, P.C. TRIAL ATTORNEYS 2010 1-800-400-9115 www.leadersinlaw.com Are you all right? While this may be the most important question
STATE OF MICHIGAN COURT OF APPEALS ESTATE OF TIMOTHY HUGHES, Plaintiff-Appellee, UNPUBLISHED January 23, 2007 v No. 259987 Oakland Circuit Court CITIZENS INSURANCE COMPANY, LC No. 2000-024949-CZ and Defendant/Cross-Defendant-
QUESTIONS AND ANSWERS ABOUT ILLINOIS AUTOMOBILE INSURANCE AND ACCIDENTS What types of coverages are available? Generally, automobile insurance policies provide Bodily Injury and Property Damage Liability
No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject
UNDERSTANDING YOUR PROPERTY DAMAGE CLAIM A LET US EMPOWER YOU This brochure will empower you with the knowledge and tools necessary to complete your own property damage claim. One of the biggest inconveniences
Is What You Know About Injury Claims Accurate? Presented by: Attorney Mark L. Krueger www.kh-law.net IS WHAT YOU KNOW ABOUT INJURY CLAIMS ACCURATE? Misconception No. 1 I have no claim if the responsible
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0331n.06 No. 12-1887 ARTHUR HILL, JR., Plaintiff-Appellant, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT v. CITIZENS INSURANCE COMPANY OF
STATE OF MICHIGAN COURT OF APPEALS JAMES PERKINS, Plaintiff-Appellee, FOR PUBLICATION July 18, 2013 9:00 a.m. v No. 310473 Grand Traverse Circuit Court AUTO-OWNERS INSURANCE COMPANY, LC No. 2011-028699-NF
Consumer Legal Guide Your Guide to Automobile Insurance and Accidents WHAT TYPES OF COVERAGES ARE AVAILABLE? Generally, automobile insurance policies provide Bodily Injury and Property Damage Liability
PIP BENEFITS AND DISQUALIFICATION INVOLVING NON-MICHIGAN RESIDENTS IN MICHIGAN WRECKS UNDER 3102, 3113(b), and 3163 2010 MAJ No-Fault Institute V Barry R. Conybeare Conybeare Law Office P.C. St. Joseph,
THE COMMISSIONERS HOUSE AT HERITAGE SQUARE 2901 BEE CAVE ROAD, BOX L AUSTIN, TEXAS 78746 P. 512.328.9099 F. 512.328.4132 WWW.JKPLAW.COM A BRIEF REVIEW OF TEXAS AUTOMOBILE INSURANCE Automobile liability
Michigan Supreme Court Lansing, Michigan Syllabus This syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. Chief
Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal
Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a
The Schlitt Law Firm A Consumer Guide to New York No-Fault Auto Insurance The Schlitt Law Firm 79 Wall Street, Huntington, NY 11743 www.schlittlaw.com 631.425.9775 A Consumer Guide An Explanation of New
DIFS is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. FIS-PUB 0077 (6/13) Number of copies
THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER? Introduction After six straight years of decline, the National Highway Traffic Administration (NHTSA) reports that auto accidents, injuries
Consumer Legal Guide Your Guide to Automobile Insurance and Accidents ILLINOIS STATE BAR ASSOCIATION ASK A LAWYER WHAT TYPES OF COVERAGES ARE AVAILABLE? Generally, automobile insurance policies provide
WHAT HAPPENS AFTER A FLORIDA CAR ACCIDENT? This free EBook provides answers to car accident victims most frequently asked questions. This EBook does not provide actual legal advice, as every accident and
Changing Tort Reform In Kentucky Christel Siglock By changing its current No-Fault and Tort law options, Kentucky could; 1) Reduce the number of lawsuits filed, 2) Thus reducing insurance company payouts
Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense Accident Injuries and Your Car Insurance Critical Details You
FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of
I. Overview 6.1 6 First-Party Litigation II. Initial Client Meeting A. In General 6.2 B. Identifying the Proper Insurer 6.3 C. Determining the Types of Benefits Recoverable 1. In General 6.4 2. Work Loss
ARE YOU DRIVING ON THIN ICE : FULL COVERAGE MIGHT NOT BE WHAT YOU THINK IT IS By: Jay R. Vaughn, Esq. Schachter, Hendy & Johnson, P.S.C. (859) 578-4444 firstname.lastname@example.org My practice focuses on personal
MAXIMIZE YOUR PERSONAL INJURY SETTLEMENT Part I: Find Insurance Coverage: Look at Accident Report & Write Letters People injured in a car accident in Florida should easily be able to locate car insurance
New York Car Accident Lawyers What you need to know when you are hurt in a car accident An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com
What are No-Fault benefits? "No-fault benefits" are also often referred to as "Personal Injury Protection benefits or "PIP Benefits" for short. No Fault refers to insurance coverage provided by your own
AGENCY AGENCY CUSTOMER ID: NEW JERSEY AUTO SUPPLEMENT NAMED INSURED(S) POLICY NUMBER EFFECTIVE DATE CARRIER NAIC CODE NEW JERSEY AUTO INSURANCE BUYER'S GUIDE New Jersey Department of Banking and Insurance
Michigan No-Fault Law Your Questions Answered Are you all right? While this may be the most important question you will hear after an accident, it will not be the last. In fact, you may be the one asking
How recent changes in the law will affect you. Know YOUR Rights. Auto Accident Basics. IN THIS ISSUE Working with an Adjuster: What NOT to sign. Page 3 Medical Expenses: How will my initial medical expenses
BUYING CAR INSURANCE IN SOUTH CAROLINA Do you think your Auto Policy Protects You and Your Family For the Road Ahead? The Truth May Surprise You. Goose Creek 103 Laurel Ave. Goose Creek, SC 29445 Phone:
CHAPTER 5 AN ACT SB 411 Relating to personal injury protection benefits; creating new provisions; and amending ORS 742.500, 742.502, 742.504, 742.506, 742.524 and 742.544. Be It Enacted by the People of
Call Us Now (813) 269-7421 FREE Consultation Your Quick Reference for Florida Auto Accident Law At the Law Offices of Martin Schwartz, we are here to take care of your legal needs in the aftermath of an
YOUR NO-FAULT RIGHTS The purpose of this document is to answer the basic questions most often asked about No- Fault. It is not intended to be legal advice, but rather to help you generally understand your
NEW JERSEY AUTO INSURANCE BUYER S GUIDE *C00179480010000001* 000001/00000 S1347I03 7668 07/23/12 PL-50074 (03-12) Page 1 of 9 WHAT S INSIDE WHERE DO I START?... UNDERSTANDING YOUR POLICY... Types of Coverage
WHERE TO GET MORE INFORMATION AND HELP This Buyer's Guide is intended to provide general information to help you make coverage choices. It is not a substitute for the policy language, which governs. Additional
NEW JERSEY AUTO INSURANCE BUYER S GUIDE Chris Christie Governor Kim Guadagno Lt. Governor Commissioner WHERE DO I START?... 1 UNDERSTANDING YOUR POLICY... 2-6 Types of Coverages Standard and Basic Policies
3 TRAPS THAT INSURANCE ADJUSTORS WILL SET FOR YOU.. BUT READ THIS FIRST (AND CAREFULLY): You may be like many people who are in car accidents who want to try and handle your insurance claim on your own.
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 19 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE
CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...
Your Personal Guide To Your Personal Injury Lawsuit Know How To Do Things Right When You ve Been Wronged You have questions. And most likely, you have a lot of them. The good news is that this is completely
a consumers guide to No-Fault Automobile Insurance in Michigan No-Fault Automobile Insurance in Michigan The Michigan no-fault system was adopted in 1973 to increase the level of benefits paid to injured
NEW JERSEY AUTO INSURANCE BUYER S GUIDE AD9460ARR-0704 American Bankers Insurance Company of Florida American Bankers Insurance Company of Florida 11222 Quail Roost Drive, Miami, FL 33157-6596 NEW JERSEY
NEW JERSEY AUTO INSURANCE, BUYER S GUIDE BG-NJ (1/14) WHAT'S INSIDE WHEREDOISTART?...1 UNDERSTANDING YOUR POLICY...2 Types of Coverages Standard and Basic Policies What are Limits and Deductibles? UNDERSTANDING
PIP Coverage and Disputes September 23, 2011 Oregon State Bar CLE Thomas D Amore Billy Sime D Amore Law Group, P.C. Parks Bauer Sime Winkler & Fernety 4230 Galewood Street, Suite 200 570 Liberty Street
UNITED SERVICES AUTOMOBILE ASSOCIATION NEW JERSEY AUTO INSURANCE BUYER'S GUIDE New Jersey Department of Banking and Insurance 999NJ(31) Rev. 6-04 Page 1 of 10 WHAT'S INSIDE WHERE DO I START? PAGE 2 UNDERSTANDING
NEW JERSEY AUTO INSURANCE BUYER S GUIDE Chris Christie Governor Kim Guadagno Lt. Governor Richard J. Badolato Acting Commissioner NJM Insurance Group offers personal auto insurance in the voluntary market
LC 0 Regular Session // (TSB/ps) D R A F T SUMMARY Provides that insurer that has duty to defend insured against claim has fiduciary duty toward insured if insurer does defend against claim. Provides that
NEW JERSEY AUTO INSURANCE BUYER S GUIDE COMMERCIAL PPA EDITION For Individually Owned Private Passenger Automobiles Written on Commercial Insurance Policies WHAT S INSIDE WHERE DO I START?...PAGE 2 UNDERSTANDING
STATE OF MICHIGAN COURT OF APPEALS FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, UNPUBLISHED August 20, 2015 Plaintiff/Counter-Defendant- Appellee, v No. 320710 Oakland Circuit Court YVONNE J. HARE,
Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care
This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp.~l' ''''d:.,j i.;'~\;
A CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1 Introduction Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A. 2011 We represent many clients who have been involved in car accidents,
OFFICE OF INSURANCE REGULATION Property and Casualty Product Review NOTIFICATION OF PERSONAL INJURY PROTECTION BENEFITS YOUR PERSONAL INJURY PROTECTION RIGHTS AND BENEFITS UNDER THE FLORIDA MOTOR VEHICLE
E R I C G R U E T Z N E R, R P.C. A T T O R N E Y AT LAW After an accident there are so many questions and what-ifs that go through our minds, that I have put together a list of some of the most recurring
Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors
Your Roadmap to Maximize Your Settlement!!! Helpful tips to get the most money for your injuries. The Advocates Driggs, Bills and Day PC (801) 355 5550 www.utahadvocates.com 1 Table of Contents: Introduction:
Commonly Used Terms in Auto Accident Cases 117 South Willow Avenue Tampa, Florida 33606 Toll Free: 877-444-2929 Phone: 813-223-2929 Fax: 813-251-6853 Definitions are specific as to Florida Law. Other state
Personal Injury Personal injury accidents happen all the time. From sidewalk cracks to car accidents, when people are injured, the question of who is legally and financially responsible is inevitably asked.
THE MCCORMACK FIRM, LLC ATTORNEYS AT LAW MASSACHUSETTS INSURANCE LAW UPDATE Plaintiff Awarded in Excess of $1 Million For Insurer s Failure to Settle Automobile Liability Claim Within $20,000 Policy Limits
A GUIDE FOR PEOPLE INJURED IN A MOTOR VEHICLE ACCIDENT CONTENTS General information 02 Early payment of expenses 03 The Accident Notification Form (ANF) 03 Who can make a claim Other driver or owner at
OREGON MUTUAL INSURANCE GROUP G0574AO (1-10) SECTION II - PERSONAL INJURY PROTECTION We agree with you, subject to all the terms of this endorsement and to all of the terms of the policy unless modified
NEW JERSEY AUTO INSURANCE BUYER S GUIDE Jon S. Corzine Governor Steven M. Goldman Commissioner WHERE DO I START?... 1 UNDERSTANDING YOUR POLICY... 2-6 Types of Coverages Standard and Basic Policies What
Understanding Florida s PIP Laws Bacen & Jordan, P.A. Renee Jordan, Esq. 4801 South University Drive Suite 3100 Davie, FL 33328 (954) 961-5511 email@example.com PIP = No Fault!! No Fault are first
There are countless drivers across the state of Arizona that are uninsured or underinsured. In fact, it is estimated that one (1) out of every five (5) drivers on the road is driving without insurance.
STATE OF WISCONSIN Frequently Asked Questions Auto Insurance OFFICE OF THE COMMISSIONER OF INSURANCE PI-233 (C 03/2015) The Automobile Insurance Policy (page 1) Wisconsin's Financial Responsibility Law
The Ultimate Michigan Car Accident Handbook A Practical Guide to Understanding Your Legal Rights! The Ultimate Michigan Car Accident Handbook A Practical Guide to Understanding Your Legal Rights! Lawrence
Chicago Public Schools Short Term Disability Plan Plan Effective Date: January 1, 2012 CPS Short-term Disability Plan rev. 02-25-2013 Page 1 TABLE OF CONTENTS PAGE Introduction...3 General Definitions...4
Nebraska Workers Compensation Court Information Sheet: Rights & Obligations under the Nebraska Workers Compensation Law NEBRASKA WORKERS COMPENSATION COURT OFFICIAL SEAL What is workers compensation? Workers
WHAT YOU NEED TO KNOW ABOUT YOUR CAR WRECK CASE PAGE 1 GREENVILLE FOUNTAIN INN 330 East Coffee Street 218 South Main Street Greenville, South Carolina 29601 Fountain Inn, South Carolina 29644 (864) 601-9048
A BRIEF OVERVIEW OF THE BENEFITS AND PERILS OF THE VIRGINIA WORKERS COMPENSATION ACT If you were injured at work or know a family member or friend who was injured at work, I hope that the following information
How recent changes in the law will affect you. know your rights. auto accident basics. Being the victim of an auto, motorcycle or truck accident can be a frightening experience. You may find yourself injured
If you have questions or would like further information regarding Uninsured-Underinsured Motorist Coverage, please contact: Jennifer Medenwald 312-540-7588 firstname.lastname@example.org Result Oriented. Success
Michigan Assigned Claims Plan c/o Michigan Automobile Insurance Placement Facility PO Box 532318 Livonia, MI 48153 2318 Phone: 734 464 8111 Internal Use Only Reference #: Date Received: Please note, you
THE GLOVE COMPARTMENT COMPANION ACCIDENTS HAPPEN What Should You Do When They Happen To You? SPONSORED BY THE Hunt Law Firm 337-310-9111 www.huntlawfirm.com KEEP THIS GUIDE IN YOUR GLOVE COMPARTMENT AT
Law Y o u r Rights After A Serious Car Accident Provided as a public service by: Serving Virginia & West Virginia Page 1 INTRODUCTION The purpose of this booklet is to provide basic information to help
OFFICE OF INSURANCE REGULATION Property and Casualty Product Review NOTIFICATION OF PERSONAL INJURY PROTECTION BENEFITS YOUR PERSONAL INJURY PROTECTION RIGHTS AND BENEFITS UNDER THE FLORIDA MOTOR VEHICLE
PERSONAL AUTO POLICY STOCK COMPANY DISCOVERY INSURANCE COMPANY PO BOX 200 KINSTON, NORTH CAROLINA 28502 THESE POLICY PROVISIONS WITH THE DECLARATIONS PAGE AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART
SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2000 Term No. 26558 ANTHONY IAFOLLA, Plaintiff Below, Appellant v. THOMAS RAY TRENT, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF BRIAN KEITH ROBINETTE,