Insurance

July 29, 2010

Why Does An Insurance Company Insist on Documentation?

I was hurt when I fell in on a slippery floor in a fast food restaurant. I broke my left arm. I missed six weeks of work on my construction job. My lawyer says that we need a statement from my employer stating that I missed six weeks of work and indicating how much money I would have made had I worked. Why is that necessary? I don’t want to hassle my boss with this.

Insurance companies need documentation because some people don’t tell the truth about what happened to them or how the injuries they suffered cost them money. The claims adjuster for the insurance company has to make sure that his or her file demonstrates that they did a good job gathering evidence to properly evaluate the claim. This includes seeking information from other people, like your boss, to back up what you say.

I am sure that you are telling the truth about the time you missed from work. The insurance adjuster may think you are, too. But the adjuster needs to be able to prove to his or her boss that your claim was thoroughly and properly evaluated, and that is why documentation is necessary.

July 27, 2010

Why Can’t I Find Out How Much Insurance The Other Driver Has?

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

I was in a car wreck several weeks ago. The other driver’s insurance company called me and asked me some questions. I then asked him how much insurance his driver had, but he refused to tell me. He said that in Tennessee I could not find out how much insurance the other driver had, even if I filed a lawsuit. Is that true?

Yes. Tennessee is the only state in the nation that does not require an insurance company to disclose the amount of liability insurance in place for an accident. This is a result of a powerful lobbying effort in the Legislature, led by Tennessee Farmers Mutual Insurance Company.

Sometimes an insurance company will voluntarily disclose the amount of coverage it has. However, in the ordinary situation, the only way you can discover how much insurance the other driver has is to win a lawsuit and start the process to collect the money you are due.

May 3, 2010

Does My Insurance Cover Flood Losses?

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

My home and belongings have been damaged by the flooding in Middle Tennessee? What are my rights?

First, you need to see if your homeowner’s insurance provides you any protection. Unfortunately, most homeowner’s insurance excludes damages due to flooding.

Second, check and see if you have flood insurance. If you asked your agent to get you flood insurance and they did not provide it you may have a claim against your insurance agent. If you do have flood insurance, contact your agent immediately and get the claims process underway.

April 28, 2010

What is Uninsured Motorist Insurance Coverage and Why Do I Need It?

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

I talked with my insurance agent today and she said I could save money on my auto insurance if I reduced my uninsured motorist coverage to the minimum amount. She said that in Tennessee everyone is required to have auto insurance so this coverage doesn’t do me much good. Is she right?

Well, she is partially right, but the advice she gave you is wrong.

Uninsured motorist insurance coverage protects you if the driver of another car causes a wreck and have no insurance coverage or does not have sufficient insurance coverage to pay for the harm they cause. Tennessee does require every car to have liability insurance coverage, but the law is relatively weak in that you just have to have proof of liability insurance coverage if the police pull you over, usually for something else. In states that are really serious about it, such as North Carolina, you have to have proof on insurance coverage to get a license plate for your car, and if the insurance expires the State is notified and the police come out and take the tags off your car.

April 4, 2010

Health Insurance: Do I Need To Repay My Insurance Company?

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

I just settled my personal injury case and my lawyer told me that I have to re-pay my health insurance company the amount they paid for my medical bills from the accident. That doesn’t seem fair. Is my lawyer right?

Your lawyer is probably right. Most health insurance policies have what are known as subrogation or reimbursement clauses. These clauses mean that if you get hurt and collect medical bills paid by your insurance company from the person who hurt you your insurance company gets paid back.

If your insurance through a government-sponsored program like Tenncare or Medicare you also have a responsibility to re-pay the government out of any settlement you receive.