Getting Paid in A Personal Injury Claim

Collectability, Getting Paid in A Personal Injury Claim

Home Personal Injury Personal Injury Videos
__________ David Allen & Associates __________
Social Security Disability and Personal Injury Law Firm

As was pointed out in the introduction video proving all the elements of a personal injury claim are of no value if the personal injury claimant is unable to get paid. The majority of people do not have personal wealth which allows payment for all the lost income, medical expenses and other hassles of a personal injury claim. As I pointed out in the introduction the more wealth someone possesses the more difficult it is going to be the collect from the personally. They are usually people who hold their property money and various other things if interests and can take steps that will prevent a judgment against them.


This is why insurance becomes very important. Insurance coverage and understanding of the interrelationship between various provisions an insurance policy is something most people in law school never learn. It is not a required course. Yet, for lawyers who practice personal injury it is extremely important.

Before I began practicing law I possessed the opportunity to work several years in the insurance industry. I supervised a claims unit and was responsible for interpreting policies and determining whether or not the company would make payment. This turned out to be an extraordinarily valuable experience when I started representing personal injury claimants. Knowledge of insurance coverage is essential to the proper presentation of a personal injury claim. Why, because if you don’t understand how insurance policies work you will not be able to help the personal injury claim and get paid for the personal injuries they suffered.


The most common policies which are dealt with in bringing a personal injury claim are automobile policies and a homeowner’s policy. Automobile policies are generally the same throughout the country. This is not true for all types of insurance policies. The reason automobile policies are generally the same is because the larger states, California, New York and Illinois possess what are referred to a statutory policies. The state passed laws that dictate what language must be in an automobile policy. Because the insurance commissioners of the states work together the statutory language is generally the same. Insurance companies include the language in policies written in other states because it is just easy to do so. As a result most auto policies across the country are very similar.

The common automobile policy possesses multiple forms of coverage in the one policy. Generally there is a collision if the vehicle that struck. There is comprehensive, in the event the vehicle catches on fire or a tree falls on it. There is liability coverage. There is uninsured motorist coverage. There is medical payments coverage. Here are not going to talk about the property damage coverage as such is comprehensive and collision.


Liability coverage is generally required by all states. Liability coverage provides that the individual who is driving the car will be reimbursed if someone they injured brings personal injury claim against them. It also provides the insurance company will defend them if someone sues them.

The amount of coverage required by each state varies. The minimum limits for most states it is $15,000 if one person is injured and a the total of $30,000 if two or more people are injured. This means of course, the most an insurance company will pay for one personal injury claim is $15,000 the most it will pay for two or more rising from the same crash is $30,000. Some states have special policies which are less than $15,000. An example is California which allows Policies with only $10,000 in coverage to be purchased by people of low income. Many states require liability policies must be written in amounts larger than $15,000..


Another form of coverage that is available in most automobile insurance policies is uninsured Motorist coverage. Uninsured motorist coverage is designed to protect you has the driver of a vehicle. In the event you get involved in a crash with someone who is without liability coverage of the uninsured motorist coverage makes payment of your personal injury claim just as if the person without coverage was insured. Most states do not require uninsured motorist coverage to drive on the state’s highways. Most states do, however, require the insurance company selling an automobile policy offer it to a customer. Many people reject the coverage. This is a bad decision. It is a bad decision because uninsured motorist coverage covers you when you are driving your car, a borrowed car, riding a bicycle or walking as a pedestrian. If the driver of an automobile who injured you is without insurance coverage the uninsured motorist coverage applies. As you can see the amount of liability coverage varies from state to state. The uninsured motorist coverage will make sure you get paid for your personal injury even if the responsible driver is without coverage. It is best to get the largest amount you can afford.


Another form of coverage available in automobile policies is referred to as medical payments coverage. It provides for automatic payment, a regardless of fault, of medical expenses incurred if as a result of the crash. The other guy could be at fault or you could be at fault. It makes no difference. It is only necessary to incur medical expenses and present the bills to the insurance company. Medical payments coverage is in many ways a form of Medical Insurance. You can purchase it in various amounts. It is not required by most states. It is a benefit to you and the passengers in your car in the event you are involved in a crash.


Homeowners insurance coverage. We generally don’t think of homeowners insurance coverage When we think a personal injury claims. We should. One of the forms of coverage contained in a homeowner’s policy and in an apartment policy or rental policy is liability coverage. The liability coverage under most homeowners policies provides protection to you if someone brings a personal injury claim against you. It doesn’t make any difference what you are doing that caused the personal injury. Someone could fall on the step coming up to the house. You could run into somebody on a bicycle and would be covered under most homeowners policies. You might drop the case of wine on someone’s foot. You would be covered matter most homeowners policies. Many people, including some personal injury lawyers, are unaware of this.

Another form of coverage commonly found in homers policies is med pay. It’s just like med paid on an automobile policy. Med pay on a homeowner’s policy makes payment automatically if the personal injury occurs in the house and is suffered by a visitor.

All these forms of coverage come into play when a personal injury claim is brought. A good personal injury lawyer understands the relationship between the various coverages and will get the persons they are representing the best recovery possible. I’m David Allen, personal injury lawyer with David Allen & Associates.

Click the button below for

Free Case Evaluation

To see if you have a Personal Injury Claim

Personal Injury

David Allen & Associates
At David Allen & Associates you will find Personal Injury attorneys to help people injured in motor vehicle accidents, social security disability and long term disability lawyers to help those who cannot work, and Insurance Bad Faith lawyers to help policyholders collect the benefits they paid for. All of our attorneys share an unwavering commitment to helping our Personal Injury, Social Security Disability and Long Term Disability clients recover, and they have excellent track records of success when it comes to gaining decisions for their injured clients.

Contact Us
(877) 876-4800

Message Us

Our Firm Locations

Northern California -- Sacramento, Stockton, Lodi, Fremont, Oakland, Santa Clara, San Jose, Santa Cruz, San Francisco, San Mateo

Southern California -- Los Angeles

Nevada -- Clark County, Washoe County

Privacy Policy
This privacy policy applies to all users of this website and the information collected from their use. This Policy describes how the information obtained through this site is used and how the information is protected. By accessing this site, you acknowledge agreement with this Policy.

Information can be provided to this site directly by you - the user - through server logs and through cookies. The information is not shared unless this Policy states it is shared or unless sharing the information is required by law.

© Copyright 2020 - 2024 — David Allen Law. All Rights Reserved.