Navigating a car accident can be overwhelming, but our top attorneys at Flora Templeton Stuart accident Injury Lawyers have over 50 years of experience representing the injured and will guide you through the process. This blog aims to educate on the basic terms and address common questions that you may have when you hire our team to represent you in your car, truck, motorcycle, pedestrian, slip and fall, or wrongful death accident case.
How Much Money Can I Collect?
Some of the factors that determine value are:
- The amount of insurance available
- Amount of damage to the vehicle
- Your injuries (broken bones vs. soft tissue)
- Good consistent medical treatment with physicians
- The amount of your medical bills.
- Liability (you have no fault in the cause of the accident)
Insurance Coverage/Limits (KY State minimum
- PIP -$10,000 per person
- LIABILITY – $25,000 per person / $50,000 per accident
- Underinsured $25,000 per person / $50,000 per accident
- Uninsured $25,000 per person / $50,000 per accident
We check both your policies and that of the defendant driver seeking all coverage that may apply.
Treatment Is Extremely Important!
- Immediate treatment is of utmost importance
- Good consistent treatment (missed appointments impact your claim)
- The type of doctors you treat with (i.e. specialist vs. primary care)
- The types of testing done (MRI vs. CAT scans vs. x-rays)
- Good doctors providing good treatment records are ESSENTIAL!
PIP (Personal Injury Protection) / No Fault
NO FAULT – KY is a no-fault state. What does that mean? It means the car you are riding in is responsible for payment of your medical bills up to the limits of the PIP policy. In KY the state minimum for PIP is $10,000 (Pedestrian’s PIP is provided by the vehicle’s insurance that struck them) (Motorcycles require a separate PIP policy). Your PIP carrier is reimbursed by the at fault party’s insurance.
PIP Reservation
(If benefits are available, we reserve them for your benefit) so ER visits or diagnostic testing does not use up all of the benefits in the beginning of your case. This allows reimbursement to you for your out of pocket expenses such as lost wages, replacement services, mileage, prescriptions etc.. Some PIP carriers allow you to designate a treating physician to be paid from the PIP benefits so your treatment can continue.
What Does PIP Pay?
- Medical Bills
- Home Health Equipment
- Reimbursement of Co-Pays
- Broken Glasses
- Prescription Drugs
- Mileage
- Lost Wages (up to $200 a week) requires physician statements & wage verification.
- Replacement Services (up to $200 a week) Requires a physician statement & receipts
PIP will not pay replacement services & lost wages at the same time.
Property Damage
While we assist you with your damage, you are responsible for settlement of your damage claim directly with the insurance company. This matter must be addressed immediately to avoid storage fees that can be incurred.
- We recommend using your insurance if available.
- Your insurance and/or deductible will be reimbursed by the at fault party.
- You have the right to choose where you have your car repaired.
Total Loss
- Immediately notify your finance company.
- Payment for property damage goes to lien holder (any balance paid to owner)
- Must have the title to your vehicle (apply for one if you do not have)
- Payment is for VALUE OF VEHICLE / NOT WHAT YOU OWE
Medical Bills
- THE OTHER SIDE DOES NOT PAY YOUR MEDICAL BILLS. PIP is responsible for payment of your medical bills up to the limits of your policy.
- GIVE THEM YOUR HEALTH INSURANCE INFORMATION. They are secondary to PIP.
- YOU WILL RECEIVE BILLS IN THE MAIL. Hang onto them and if requested, send them into our office so we can process and file them for you
Any medical bills that do not have a lien, and have not been paid in full by PIP or my health insurance, are the responsibility of the client. Nonpayment of these could negatively affect your credit.
Settlements
The negotiation and settlement of your claim is with your consent only. Once a case is settled, our firm must complete the following steps before you can receive your funds:
- Notify your health insurance carrier to determine your lien amounts.
- Wait to receive check from insurance company
- Check for lien balance with all lien holders
- Meet with our office to sign settlement check/documents for deposit in escrow
- Follow up appointment is made to pick up your portion of the settlement once all liens are final and check has cleared escrow, or you can choose certified mail)
- Attorney fees are 35% of your GROSS settlement. (40% is suit is filed)
Attorney Fees
- We work for you, not the insurance company.
- We get paid from YOUR settlement, not the insurance company
- Attorney fees are 35% of the gross settlement (40% if suit is filed)
- (For example: You settle for $15,000; your attorney fee Is $5,250. This amount will be withheld from your settlement)
We also recover any costs expended by our fim in connection to your case.
Liens
What is a lien? A lien is a claim against your settlement in favor of a medical provider, insurance carrier or other party of interest to your case as they paid on accident-related claims when the wreck was the fault of someone else. Lien holders are entitled to recover from your settlement amounts paid to you or on your behalf. The Law Firm of Flora Templeton Stuart will withhold from your settlement funds the full amount due on said lien, and forward payment directly to the lien holder as required by law. The following are examples of, and not limited to, potential lien holders:
- Some Hospitals (inc. all Tennessee Hospitals)
- Injury Care Center
- All Chiropractors
- Health Insurance Carriers Medicare
- Short Term Disability Long Term Disability
- Child Support Veterans Administration
- Some Doctors
- Some Physical Therapy
- Medicaid
- Workman’s Comp
- Funeral Expenses
*NOTE: The amount you collect increases (if there is enough insurance) by the amount of your treatment and medical bills. That is why it is so important to treat with places such as the Injury Care Center and other Physicians so that we can document your injuries.
Contact Flora Templeton Stuart Accident injury Lawyers Today
If you or your loved one has been injured in an accident, call 888-782-9090 24/7 or contact us online for a free, no obligation consultation with our top attorneys. We put our 50 years of experience to work to get the justice you deserve, and we only get paid when you win.
