Insurance

Insurance protects someone from financial damages if they negligently cause injury to another. There are many forms of insurance. Just because someone has insurance does not mean that you are automatically paid for your damages. You must, in most cases (aside from workers compensation- job related injuries) demonstrate that someone’s negligence makes them liable for the injuries that you have suffered. Insurance companies fight hard to keep from paying valid claims. You should have a lawyer to obtain the maximum recovery you are entitled to under the law. The Dolan Law Firm has handled thousands of cases for people like you with tremendous success.

The Dolan Law Firm will work hard to establish what insurance is available to compensate you for your injury. There is automobile insurance, homeowners insurance, professional liability insurance, employment practices liability insurance, general liability insurance and workers compensation insurance, etc.

When someone causes harm and they are sued, they are called a defendant. The Defendant’s insurance company usually provides a lawyer to protect the defendant and the insurance company’s money. If the defendant is found to have been negligent and therefore liable then the insurance company pays the damages up to the amount of the insurance that the defendant purchased.

The amount of damages that someone can recover is often affected by the amount of insurance that the defendant has. This is because many people do not have assets sufficient to pay for significant damage awards. The law allows for a defendant, who has only been negligent, and who has not engaged in intentional conduct, to file for bankruptcy if they have a judgment against them that would exceed their net worth. If they do this, they have their obligation for these damages discharged, wiped away, by the court.

People with something to lose generally have higher insurance limits. People with little or no assets, usually can’t afford the higher insurance premiums associated with higher coverage protection. Therefore, how much you can recover not only depends on who is liable, and what damages you have suffered, it also depends a great deal on what kind and amount of insurance that the defendant had at the time of the act giving rise to your claim.

Some insurance terms are described below.

AUTOMOBILE INSURANCE

All drivers in California are supposed to carry a minimum amount of liability insurance on their car. This provides insurance to pay damages if they are liable because of an act of negligence. Statistics show that 1/4 to 1/3 of all vehicles on the roadway in California are uninsured. People can’t afford to pay the insurance premiums and drive without insurance. If they are caught they can loose their license for a year and face stiff fines. That does not do you much good if you are hit by one and suffer damages. The minimum liability insurance required is under the law $15,000.00 per person, $30,000.00 per occurrence (for bodily injury, medical expenses and loss of wages) and $5,000 for property damage. This is often referred to as a 15/30/5 policy. That means if someone with a 15/30 policy causes a collision, their insurance will pay no more that $15,000.00 to any one person injured in the collision and no more than $30,000.00 to everyone, total, for all damages that occurred in the event other than property damage, for which there would be a $5,000 limit. This is true even if someone is killed. Therefore, many drivers cause injury damages in excess of the insurance coverage they have. If those drivers have homes or other assets, they may be forced to sell them to pay off any damages that they have caused or, if they don’t have assets, they may have to file bankruptcy. Policy limits can be increased by paying higher premiums. Limits go from 15/30 to multi million dollar policies. Common policy amounts are 25/50/10, 50/100/15, 100/300/50, 250/500/100, 500/1,000,000/100, etc. Often, in addition to automobile insurance, extra coverage may be available, if the defendant is a homeowner through an umbrella policy connected to their homeowner’s insurance.

UNINSURED/UNDERINSURED MOTORIST INSURANCE

Because many drivers carry the minimum insurance, or none at all, you can purchase uninsured and/or underinsured motorist coverage on your automobile policy to protect yourself if you are injured by the negligence of another. If you refuse this insurance when you buy a policy, the insurance company needs to have a piece of paper that proves you have rejected this coverage. Otherwise, you are entitled to the protection provided. This allows you to have your damages paid for, including pain and suffering by your own insurance company if the person who hits you has no insurance or less insurance than you do. This is true even if you have some fault in the collision. Your insurance company and you will enter a process called arbitration to determine if you are entitled to recovery and if so, how much you will be paid. Again, you can only recover under this coverage if your underinsured/uninsured coverage is in excess of the amount of coverage that the person who hit you had. The amount of your recovery is reduced by your percentage of comparative fault if any. It is worthwhile to maximize these coverage limits on your own vehicle policy to protect yourself. The Dolan Law Firm has assisted its clients in recovering millions of dollars from their uninsured and underinsured motorist policy coverage.

MEDICAL PAYMENTS COVERAGE

This is insurance that you buy, on your vehicle policy, incase you get hurt. This provides for payment of your medical bills. Usually it comes in $5,000.00 and/or $10,000.00 increments. You are entitled to this coverage no matter who is at fault.

IF YOU DO NOT HAVE INSURANCE ON THE VEHICLE THAT YOU ARE DRIVING AT THE TIME YOU ARE INJURED YOUR RIGHT TO COLLECT DAMAGES MAY BE REDUCED

For more information on this subject click here.

TOWING AND RENTAL CAR COVERAGE

Your insurance may provide for a rental car while your car is being repaired. Likewise, it may provide for towing reimbursement. Check with your agent. If it does not, you may seek to have the defendant’s insurance provide you with a rental car while your car is being repaired. They do not always provide this service. If you rent a car, you can claim that cost as an element of your damages during the period your car is being repaired, or, if it is totaled, until the insurance company has evaluated your car and provided you a check for fair market value.

HOMEOWNERS INSURANCE

This is insurance that people take out to cover any liability for negligence which occurs on or because of their property. Usually this insurance comes into play in a slip and fall, dog bite, stair collapse, or some other injury producing event linked to the property. In addition to covering any liability as a result of negligence homeowners insurance often provides medical payments coverage for medical treatment for injury that happens on the property regardless of fault (usually up to $5,000.00). Therefore, if someone is injured on another person’s property that injured party may be able to recover their medical expenses even if no one is at fault.

Another form of homeowners insurance is called an umbrella policy. This is a form of insurance that a homeowner can buy, for an extra premium, that covers the homeowner, and/or their family members, for liability for any acts of negligence whether or not the negligent conduct is connected to the homeowner’s house and property. The amount of coverage is often in excess of the value of their home so as to protect the home from being sold to cover any damages caused by their negligence.

PROFESSIONAL LIABILITY INSURANCE

This is insurance that is purchased by doctors, hospitals, lawyers, accountants, engineers, etc, incase they are negligent in conducting their professional affairs and their negligence causes damages.

EMPLOYMENT PRACTICES LIABILITY INSURANCE

If you have been the victim of unlawful harassment, discrimination, retaliation, or have been denied your legal rights to accommodation, medical leave, pregnancy leave, or have been wrongfully terminated, you may be entitled to compensation under this form of insurance. The insurance is purchased by the employer to protect their company from damages if one of their employees has violated your legal rights in the workplace. This insurance is becoming more common and, when it is present, it makes it easier to settle your case. The Dolan law Firm has recovered millions of dollars for its clients who have suffered unlawful treatment in the workplace.

GENERAL LIABILITY INSURANCE

This is a form of insurance that is purchased by companies to pay damages if one of their employees, while at work, is negligent and causes someone to suffer an injury. It is similar to an umbrella policy for a homeowner. Therefore, it is important to know if the defendant was at work at the time that they caused an accident or injury as that may provide an additional source of recovery.

WORKERS COMPENSATION INSURANCE

This is insurance that is required under the law, by all businesses, to provide compensation to workers injured on the job. This type of insurance does not require that you prove anyone was negligent. It is no fault meaning no one needs to be shown to be at fault for you to recover. If you are injured on the job, you are entitled to compensation for your medical bills and lost wages. You are not entitled to non-economic damages such as pain and suffering. If you are injured at work, and someone other than you, your employer, or co-workers was responsible for your injury, you may have a separate legal action against that third party where their insurance may provide for compensation for non-economic damages. You should contact the Dolan Law Firm for an analysis of your case.