One of the worst things an accident victim can do is fake an injury or exaggerate the injuries they did receive. Unfortunately this is a practice many do in hopes of getting a better settlement. Because of these practices the insurance industry has long resorted to video surveillance to catch these culprits. Some critics feel that these practices have gone too far when the insurance video tapes truly disabled people and using the videos against them. The sad part is these “scam artists” make the process a nightmare for those Kentucky accident victims that were truly injured in an auto accident.
I recently read about a case in point, Jack “Rocky” Whitten. Mr. Whitten suffers from several residual symptoms as a result of a broken neck from a fall. He has vision problems, memory issues and is often in excruciating pain. Mr. Whitten fortunately had purchased disability insurance ten years ago that would pay him 60 % of his salary if he ever became disabled. After his fall three doctors declared him permanently disabled and he began receiving benefits in 2003.
Last year a representative from Hartford Insurance Company visited Mr. Whitten and his wife and questioned his limitations. The claims adjuster then pulled out a video that showed Mr. Whitten getting out of a van, looking at a magazine, and eating chips and salsa. Maybe you are reacting like I did and are saying “So what?” Shortly after this visit the Whitten’s received a letter from Hartford explaining that his benefits would be cut off based on the video and a report from a doctor hired by Hartford –who had never examined Mr. Whitten- that claimed he, was able to work based on the video. After a phone call from national television show Good Morning America Mr. Whitten’s benefits were restored. Hartford believes this claim has been handled fairly and strongly.
This process a doctor looking at records and not examining the patient is called a “Peer Review”. It is a common practice in cases and is frequently used in Kentucky car accident cases to review medical payments submitted under PIP. The medical care is often found to be unnecessary or unrelated to the car wreck by the peer review doctor. The insurance company will deny payment based on this “paper review’. This forces the accident victim to litigate their case against the car that caused the accident and their own insurance company. The process is very frustrating to those accident victims who have legitimate injuries. Many times those unrepresented by an attorney will stop treating which is detrimental to their claim and recovery.
Insurance companies have been using video surveillance tactics for years. I have seen this in Kentucky cases. I have watched videos of accident victims painting houses and dancing. In our new internet world insurance companies have also become cybersleuths. The internet has an abundance of information that is available to them by looking at Facebook, Myspace, YouTube, etc. Don’t give them a reason to deny your claim. Be careful. As we can see from Mr. Whitten, even the most innocent action will be misinterpreted.
Kentucky is a PIP state for automobile accidents. PIP is short for Personal Injury Protection. You may also hear these benefits referred to as Basic Reparation Benefits or No-Fault Benefits. I am not going into great details hear as to how these benefits work. Here is the nut shell. You have $10,000.00 of benefits that will pay your first $10,000.00 of medical bills and or lost wages.
Those of you that know me have heard me say that this is simply not enough for most accidents. I urge everyone to I run into (just figuratively) to purchase additional benefits called Added Reparation Benefits. For a small increase in your premium you can dramatically increase the coverage that is available to you.
With all of the talk about health care reform I have been looking at what is going on north of the border in Canada. In Ontario government is making plans to reduce their medical rehabilitation benefit from $100,000.00 to $50,000.00 for non- catastrophically injured people. This is part their no-fault benefits. While I am urging people to increase their benefits in Kentucky the Canadian government is forcing everyone to take a reduction in these benefits. This will significantly alter the quality of care victims of automobile accidents will receive.
Interestingly enough it will increase the attorney fee collected. I am sure that most Personal Injury lawyers in Ontario don’t care about this change because of this.
I ran across an interview done by Brenda Hollingsworth, an Ottawa personal injury attorney, which was a breath of fresh air. Brenda is speaking out against the decrease in medical rehabilitation benefits that will be available to seriously injured car accident victims starting in the summer of 2010. In the video, Brenda talked about how injured car accident victims will run out of their Ontario rehabilitation funds long before the ten-years they are supposed to last. The 50% reductions in benefits will have catastrophic affects on many families.
Brenda believes this change will increase the number of lawsuits required because injured people will have to sue the drivers who hit them to ensure they can pay for physiotherapy, medication and other medical needs.
I salute Brenda for standing up for the victims of auto accidents. In Kentucky we already have a low amount of PIP benefits that is required. Do yourself a favor and call your insurance agent and raise your coverage today!
We have all seen the Television commercials where attorneys are offering quick settlements and checks to anyone that has been in an auto accident in the sate of Kentucky, or anywhere for that matter. There are attorneys morphing into tigers, swinging bats and talking to dogs. They are funny and give us a laugh until we realize this is all the information we have to make a decision on hiring an attorney if we have been injured in a car wreck. Lawyer advertising is uninformative and in my opinion a disgrace.
What does this tell you about the attorney and what they do to help accident victims? Not a thing, except we will get you the money you deserve. This is important but it isn’t the whole story. It doesn’t tell you what an attorney can do for you if you have been unfortunate enough to be a victim of an accident case.
When you have been in a car accident you have many questions and problems that you need help with. A personal injury attorney will help you solve these problems with very little involvement on the part of the accident victim so they can concentrate on going to the doctor and getting better.
A personal injury attorney will not only get you the recovery you deserve, but will:
- Educate you about the claims process
- Help you get your loss wages paid
- Help you get your medical bills paid
- Manage all the paper work that is accumulated
- Open the insurance claim and provide relevant information to the at-fault insurance company
- Speak with the insurance adjusters so the accident victim does not have to
- Prepare you when you do have to talk to the insurance adjuster
- Help you get your car fixed or settle for a fair amount if your car is totaled
- Take witness statements
- Sends notification to health insurance and settle those subrogation liens when appropriate
- Gather and review all medical records
- Gather and review all employment records
- Send a settlement demand tot eh insurance company and negotiate an settlement when [possible
- Confirm unpaid medical bills and negotiate a reduced payment
- Take your case to trial
- and be there to counsel you on many aspects of your accident case
Attorneys do a whole lot more than what Television advertisements lead you to believe. There is a whole other side to the practice of law that you can’t get from a commercial. Attorneys are there to protect your rights against the insurance company. They are there to make sure you are not taken advantage of. Lawyers counsel you during a very difficult and often tragic time in one’s life. It’s a lot more than a quick check. If you are in an accident and are injured your attorney is someone who will counsel, guide and fight for you.
It is spring time and bicycles, scooters and walkers are everywhere. Unfortunately there are going to be accidents. One of the questions that people have is who is going to pay for my medical bills and injuries if I am in an accident where I am hit by a car while on a bike, scooter or walking down the street. There are several insurance policies to look toward for payment.
First, let’s look at payment of medical bills. Personal Injury Protection or PIP applies. You first look to the insurance of the car that hit you for PIP benefits that insurance will pay for up to $10,000.00 of medical bills and loss wages. If the car that hit you does not have insurance you would look to your personal car insurance policy. I know you weren’t driving your car, but the PIP Benefits will still apply and pay your medical bills. It is secondary to the at-fault car. Your insurance company will attempt to collect the money they pay for medical bills back from the person that hit you if they choose. If you do not own a car and do not have car insurance you will submit your bills to your health insurance. If you do not have health insurance you may be eligible for the Kentucky Assigned Claims Plan.
Now what about pain and suffering? Do you have a case for personal injuries if you are hit while on a bike, scooter or walking? YES! You will sue the person that hit you. If they have insurance you will deal with their insurance company. If they do not have insurance you would look to their personal assets. Should they have no assets do not give up. You should look to your own car insurance and your uninsured motorist coverage. Even though you were not in your car this coverage may be available to you and pay you for your pain and suffering for your injuries. You need to contact an attorney who is familiar with these claims so he can take a look at your policy. Depending on the policy language you may still be able to recover damages. The point is, don’t give up. Look at all available coverage to make sure you are compensated.
