Automobile Accidents

March 1, 2011

What Does It Mean When You Have Liability Insurance Policy Limits of $300,000?

I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $300,000. What does that mean?

It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $300,000 in losses and damages they suffer. This is true whether one person is injured or five people are injured: the most the insurance company will pay is $300,000.

To the extent that a person injured in the wreck has claim worth more than $300,000 you are personally responsible for the amount of damages over $300,000 if the wreck was your fault. Likewise, if more than one person is injured and the total damages caused by your negligence exceeds $300,000, you are personally responsible for the amounts over $300,000.

February 22, 2011

I Think I Am Under Surveillance

by The Law Offices of John Day, P.C.

I have a pending personal injury claim from a wreck with a truck. I think someone is following me around and photographing or videoing my activities. Can insurance companies do that?

Yes, within certain limits. It is not uncommon for insurance companies to use surveillance to determine what task you can perform. The private investigators look to "catch" you performing sports activities, yard work and other physical labor that they say is inconsistent with the limitations and physical injuries you are claiming in litigation.

This is something that you need to discuss with your lawyer as soon as possible.

February 21, 2011

What Does It Mean When You Have Liability Insurance Policy Limits of $25,000 / $50,000?

by The Law Offices of John Day, P.C.

I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $25,000 / $50,000. What does that mean?

It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $25,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on your behalf, up to $50,000 but no more than $25,000 for any one person.

So, if one person was hurt in the wreck, the insurer will pay no more than $25,000 in damages. If two people were hurt, the insurer will pay up to $50,000, but no more than $25,000 per person. If three people were hurt, the insurer will pay up to $50,000, but no more than $25,000 per person. Note that each person who is injured does not automatically get $25,000 – they must demonstrate amount of their damages and can recover up to $25,000 each.

February 17, 2011

Can A Parent of an Adult Child File a Personal Injury Case for the Adult Child?

by The Law Offices of John Day, P.C.

My 22-year old son was hurt in a car wreck. Can I file a lawsuit for him?

No, unless he is so severely injured or suffers from some type of disability that he is deemed incompetent. If he is incompetent, there are formal proceedings which must be filed to have him declared incompetent in the eyes of the law. If that happens, a conservator will be appointed and he or she will have the power to file or defend a lawsuit. If you are appointed the conservator, you would have that right.

However, if your son is competent, he is the only one who can file suit on his behalf. You can help him find a lawyer and can give him assistance in preparing the case, but the decision to file and the right to file is his and his alone.

February 17, 2011

What Damages Can A Parent Recover in a Personal Injury Case for a Minor Child?

by The Law Offices of John Day, P.C.

My son was bit by a neighbor’s dog. What rights do I have in a lawsuit against the dog owner?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

February 15, 2011

Can I Bring A Lawsuit For My Daughter?

by The Law Offices of John Day, P.C.

My 10-year old daughter was hurt in a car wreck. Her dad and I are divorced. Can I file a lawsuit on her behalf?

Yes, if you are the custodial parent you are permitted to bring a lawsuit on your daughter’s behalf. If you are not the custodial parent the appropriate person to bring the lawsuit is your daughter’s father ( I assume that he is the custodial parent).

Even if you are the custodial parent and have the right to file suit, you should work with the child’s father and try to maintain a united front in the litigation.

February 14, 2011

What Does It Mean When You Have Liability Insurance Policy Limits of $50,000 / $100,000?

by The Law Offices of John Day, P.C.

I was in a car wreck yesterday. It was probably my fault. I looked at my automobile liability insurance policy and it says that I have liability limits of $50,000 / $100,000. What does that mean?

It means that for any one car wreck that is your fault your insurance company will pay a person injured in the wreck up to $50,000 in losses and damages they suffer. If more than one person is injured in the wreck, the company will pay, on your behalf, up to $100,000 but no more than $50,000 for any one person.

So, if one person was hurt in the wreck, the insurer will pay no more than $50,000 in damages. If two people were hurt, the insurer will pay up to $100,000, but no more than $50,000 per person. If three people were hurt, the insurer will pay up to $100,000, but no more than $50,000 per person. Note that each person who is injured does not automatically get $50,000 – they must demonstrate amount of their damages and can recover up to $50,000 each.

February 11, 2011

Does Tennessee Have PIP Coverage?

by The Law Offices of John Day, P.C.

I was hurt in a car wreck. I used to live in Kentucky and we had PIP coverage. Is there PIP coverage in Tennessee?

Answer: No. Tennessee does not have a no-fault system and therefore does not have PIP (Personal Injury Protection) coverage as a part of automobile or truck liability insurance policies issued in Tennessee. So, if your bought your auto insurance coverage after you moved to Tennessee you do not have PIP coverage.

Note to those people who live in a state that has no-fault and PIP coverage and who are injured in a wreck in Tennessee: your insurance policy may give you benefits not available to Tennessee residents. If you are from out-of-state but were injury in a car or truck wreck in Tennessee, the attorneys at Law Offices of John Day, P.C. will be happy to review your insurance policy and determine what benefits it provides under the circumstances.

February 10, 2011

Are Insurance Companies Afraid To Go To Trial In Personal Injury Cases?

by The Law Offices of John Day, P.C.

I am thinking about filing a personal injury case. I think I have a solid case that the insurance company will be afraid to try in front of a jury. Are insurance companies afraid to try cases?

Not really. For the typical insurance company, the analysis is all about money.

In other words, insurance companies evaluate risk. At the end of the day, they determine whether they will likely win a case or lose a case. They look at how much a jury might award, how much a jury is likely to award, and how little a jury might award. They have lots of statistics from which to make this judgment, and they often have very good lawyers help them evaluate a case.

January 31, 2011

Should I Give A Statement to My Insurance Company About How the Accident Happened When it was the Other Driver’s Fault?

by The Law Offices of John Day, P.C.

I was in a car wreck last week. It was not my fault. I spent five days in the hospital and am now recovering at home. I am getting a couple calls a day from the insurance adjuster for the driver that hit me but I know I should not talk to him. Now my insurance company is calling me and they want to take a statement from me about how the wreck happened. Is there anything wrong with me giving a statement to my insurance company before I talk to a lawyer?

We do not recommend that our clients give a statement to either the other driver’s insurance company or their own insurance company without adequate preparation for the interview. Under most auto insurance policies in Tennessee, you have a duty to give your insurance company a statement, but you need to be adequately prepared first.

We do not prepare our clients by telling them what to say or encouraging them to lie. In fact, just the opposite is true: we encourage our clients to tell the truth about the circumstances giving rise to the wreck, the nature and extent of their injuries, and everything else. Preparation is necessary because insurance adjusters are trained in asking questions, and may ask questions in such a way that the unprepared witness will make mistakes. These statements are almost always tape-recorded and can be used against the person in court.