What Do I do if I am involved in Multiple injury accidents? 

1. Seek medical care for the second accident immediately following the accident; 
2. Explain in detail any new symptoms you are having;
3. Make notes of the difference in your condition after the second accident;
4. Make an appointment with the same doctor so she can document your new injuries or a worsening of your previous injuries;
5. Be candid with all your doctors about both of your injury accidents.

If you are injured in two different auto accidents close together, you can recover for both injuries from both accidents. You will need to immediately inform your car accident lawyer about the second accident. It’s not an unusual scenario. According to Mike Morse, if you are injured in an auto accident and two months later is injured in a second car accident involving different defendants, insurance companies for the adverse driver’s  will want to point the finger at the injuries coming from the other  accident.  The case is now more complicated due to the multiple injuries. The question becomes, how will the insurance companies to handle the apportionment of the injuries when there were two accidents causing the same or similar injury? Will I Have to go to Court For a Car Accident Claim? It is important to contact an attorney after any injury accident.

At TheOneLawyer.com Henderson Injury attorneys, we will make sure your rights are protected.  With nearly ten years of experience representing the insurance companies, Henderson Injury Accident attorney Laura Payne-Hunt, Esq. has the experience you need to battle the insurance company.  The law is well settled regarding burden of proof regarding the injured plaintiff who is involved in multiple car accidents.  The Nevada Supreme Court ruled on the issue of multiple injuries from car accidents cases.  

The Nevada Supreme Court ruled on the issue of injuries from multiple accidents in the case of Kleitz v. Raskin, 738 P.2d 508 (1987). In the Kleitz decision, appellant Kleitz was injured in an automobile accident on December 23, 1981. His treating doctor examined Kleitz and found that he was suffering from a loss of lumbar curve due to muscle spasms.  The doctor saw Kleitz on January 25, 1982 and believed that Kleitz should be hospitalized.  Hi doctor was of the opinion that Kleitz may have suffered a herniated disc from the December 23, 1981, accident.

               Unfortunately, while Kleitz was driving to the hospital on January 25th, Kleitz after his doctor’s appointment, was involved in a second automobile accident which caused injury. The driver of the adverse vehicle in the second accident was respondent, Ellen Raskin. In 1985, Kleitz brought suit against the persons involved in both the first accident and the second accident. Kleitz settled with the first accident defendants but reserved his rights against Raskin. Raskin then moved for summary judgment alleging that the second accident did not cause additional injury to Kleitz. Summary judgment is when a party asks a court to make a finding as a matter of law, rather than allowing a jury to decide the facts.  Raskin used the doctor’s testimony who stated that he had examined Kleitz before and after the second accident and found that his condition was unchanged in support of the  motion for summary judgment .  Kleitz moved for partial summary judgment on a legal issue asking the trial court if two unrelated  at fault drivers in two separate automobile accidents produce an injury to the plaintiff which cannot be apportioned between the two impacts, are both jointly and severally liable to the plaintiff?

The trial court granted Raskin’s motion for summary judgment finding that “Inasmuch as plaintiff cannot apportion damages as between tortfeasors, the jury would have nothing upon which to base a reasoned opinion as to damages to be awarded in the event liability was established.”  On appeal, the Nevada Supreme Court concluded that under the facts presented, the plaintiff must prove that the second accident defendant’s actions were the cause of the injury. Once this is shown by the Plaintiff, the burden of proof then shifts to the defendant to apportion damages. If the defendant fails to meet his burden, then he is jointly and severally liable for the entire amount of the plaintiff’s damages attributable to the injury.

In reaching this decision, the Nevada Supreme Court relied upon the Washington Supreme Court case of Phennah v. Whalen, 621 P. 2d 1304 (1980). In Phennah, the plaintiff was injured in two separate automobile accidents that took place about four months apart. Trial testimony of the doctors clearly established that both accidents caused the plaintiff’s injury, but there was no basis for apportioning damages between the accidents. The issue before the court in Phennah was whether the plaintiff was required to offer an evidentiary basis for the segregation of damages among multiple defendants. The Wisconsin Supreme Court made the following ruling:

“Once a plaintiff has proved that each successive negligent defendant has caused some damage, the burden of proving allocation of those damages among themselves is upon the defendants; if the jury finds that the harm is indivisible, than the defendants are jointly and severally liable for the entire harm. Id. 1310.”

The Nevada Supreme Court agreed with the findings and result in the Phennah decision and noted that a similar legal principle is also found in section 433B(2) of the Restatement of Torts, which explains that the rational for placing upon the defendant the burden of apportioning damages as follows:

“As between the proved tortfeasors who has clearly caused some harm, and the entirely innocent plaintiff, any hardship due to lack of evidence as to the extent of the harm caused, should fall upon the former.” Restatement (Second) of Torts, Section 433B Comment D (1965).

As stated in both the Restatement and the Phennah decision, the plaintiff must first establish that both the defendant’s actions were the cause of his/her injuries and then the burden shifts to the defendant to apportion damages.  The Nevada Supreme Court reversed summary judgment but stated that Raskin may renew his motion for summary judgment at which time Kleitz must demonstrate a genuine issue of material fact concerning whether the second accident contributed to his injury.  A review of this case las shows why it is important for your doctors to state that you have injuries from both accidents.  Staying with the same doctors for both accidents will help your case.  

The best way to protect your claim if you are involved in two injury accidents of any kind is to be candid and honest with your car wreck lawyer and your doctors about these conditions at your first consultation. Your truthfulness about your medical conditions and injuries will allow your doctors to understand your new injuries.  It is important to be open about your past medical history.  This honesty will put you in the best position possible for a maximum recovery in your case. Insurance companies and defense attorneys will have access to past accident history whether or not you are candid.  It can damage your case if they find it be other means.  That is why it is important to remember all of your past injuries when discussing your case with your attorney and your doctor and let your attorney and doctors know about these issues. If you are not honest in disclosing these conditions in the beginning, you are setting yourself up for many different problems including harming your credibility, ruining your entire case, and even subjecting yourself to legal action.

If you have a question about a prior accident or multiple injuries, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our Henderson and Las Vegas Accident injury offices today.  At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC we are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

TOP THREE REASONS TO HAVE ENOUGH COLLISION COVERAGE

1. If you crash into an expensive car, you will have enough to cover the repairs;

2. If there are multiple cars involved, you will have enough coverage for the repairs to all;

3. If you crash into an expensive vehicle and a block wall owned by the city you will have enough to cover repairs to the vehicle and the wall

What is liability collision coverage?

Often referred to simply as liability coverage, liability collision coverage covers the damage to other vehicles or personal property that you may destroy as a result of your own negligence. Insurance that is required by law is often referred to as liability insurance. However, liability insurance generally has two parts. The first part is liability for bodily injury that you could inflict upon another driver because of your negligence. The second part of liability insurance is for property damage that you could inflict due to your own negligence. These two coverages are bundled together and referred to as liability insurance. This blog is dedicated to the property damage portion of what is generally referred to as automobile liability coverage. Every state has a different minimum amount of property damage coverage required by law. In the state of Nevada, you are required to carry $20,000 in liability coverage for property damage. In the age of the obsession with high-end vehicles, $20,000 is a staggeringly low amount of money to cover property damage in the event of a major accident. 

In the state of Nevada, if the cost to repair a vehicle exceeds 65% of its value, it is declared a total loss by state law and your automobile insurance liability carrier would be required to pay the fair market value of that vehicle. It is not difficult to see a situation where an automobile collision could result in extraordinarily high property damage — damages well over $20,000.  It is also important to point out that liability collision coverage refers to collision coverage for other vehicles or property that are damaged as a result of your own negligence and it has nothing to do with your own vehicle. If you want to cover damages to your own vehicle because of an accident that was your fault, you need to maintain collision coverage. Collision coverage will be the sole topic of future blog. Collision coverage refers to coverage that you purchase to cover your own vehicle regardless of who was at fault if the vehicle is damaged in a collision.  Collision coverage is not governed by limits. The only limit would be the full fair market value of the vehicle that is covered on the policy.

DETERMINING HOW MUCH LIABILTY COLLISION COVERAGE TO CARRY

Unfortunately, the need for how much liability collision coverage is much more complex.  Nevada law only requires that you maintain $20,000 in liability collision coverage. However, picture this scenario. You are driving to work one morning, and you receive a call from your child who has forgotten his science project.  You know that your child has worked on this project for the past three weeks and it will be 40% of their entire class grade. Although you are irritated, you want to help your child succeed and, in your haste to get home, you turn left in front of the vehicle oncoming and cause an automobile collision.  To compound the situation, the car that hit you is a brand-new high-end vehicle.  Even worse, the car spins into a traffic pole and becomes a total loss. If you are carrying minimum insurance limits, you are going to be personally liable to that driver for the damage to his vehicle. But — you think –lucky for you the high-end vehicle driver maintains her own insurance and she’s covered by her insurance company. Not so fast, it is not that easy. When the driver struck that pole, it caused damage to property which you are also liable to repair. Not surprisingly, the cost of the repairs to the pole are significant based upon the city’s pay scale.  You are also liable for that bill. There are a lot of scenarios that would exceed $20,000 in property damage resulting from an automobile collision.

In the past, most people bought their insurance from an agent and they were able to sit down with someone knowledgeable about buying insurance and purchase the right coverage for their needs. In the world we live in, people are buying insurance online, often while multitasking and even making these major purchases in the wee hours of the morning.  Although surfing Amazon in the wee hours of the morning and seeing the surprise that lands at your door two days later can be fun, (not that I have ever done that, LOL) purchasing insurance that way will not be fun following one of the scenarios previously discussed.  This is a purchase you must put some consideration into.  

Avoiding personal exposure.

The primary purpose, even the sole purpose, of maintaining automobile liability coverage is to protect you, your assets, and your family from personal liability in the event you are at fault for an automobile collision. The time to determine the amount of coverage you need is not the time that you are stepping out of your car to call 911. It is a decision that should be made with great thought and consulting with an insurance agent. I urge you to purchase your insurance from a reputable experienced casualty insurance agent so that they can discuss your family’s needs and assets to help you purchase the right coverage.   At the law offices of TheOneLawyer.com, we have over 20 years of experience in litigating automobile insurance casualty claims and are happy to answer any questions you may have regarding what type of coverage you may need. We have seen thousands of scenarios over the years and can help you determine what coverages would best protect you and your family. Please do not hesitate to call us with any questions regarding insurance coverages.  I highly recommend that you carry a minimum of $50,000.00 in liability property damage coverage and ideally you should have at least $100,000.00 in liability collision coverage. 

By contacting a lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim and maximize the money you receive in your pocket after your bills and fees are paid.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

1)  You are less likely to get dragged into a lawsuit if you are at fault;

2) You are less likely to have personal exposure of your own assets;

3) You will be able to cover the damages of anyone you might injure in a car accident;

4) Family members in your car will be able to get their medical bills paid if you are at fault;

5) You will not have to file a bankruptcy if you have a major accident for which you are at fault.

As most people know, liability car insurance is required in almost every state in the United States.  Yes, I did say almost. Surprisingly only 49 of the 50 states in the United States require all drivers to have liability coverage. In the state of New Hampshire, you do not have to have liability coverage if you’re able to prove to the state that you can meet the minimum financial responsibility requirements in the event of an accident. Make sure to contact a medical injury attorney to gather more information to win the case.

What that means is that the state minimum liability coverage in New Hampshire is $25,000 per person and $50,000 per accident and if you are in an auto accident and do not have liability insurance you would be required by the state to pay damages at least up to that amount out of your own pocket. Regardless of what state you are in, it would be very unwise to drive on the roadways without liability insurance. Every state has different requirements regarding liability insurance policies. Some states require underinsured motorist coverage or what is also known as personal injury protection. Other states only require bodily injury coverage and property damage liability coverage. Nevada is one of those states that only requires bodily injury a.k.a. liability insurance and property damage insurance for liability. The basic premise of insurance, although the laws and regulations vary from state to state, is to prevent people from being financially harmed by someone else’s negligence on the roadways.

The topic for this blog is how much liability insurance do you need to protect your family. Sadly, I think many people fail to ask themselves this question when purchasing their auto insurance.  The State of Nevada requires you to maintain a $25,000 per person $50,000 per accident liability insurance policy for bodily injury to drivers which you may injure in an auto accident for which you are at fault. Although there are many different coverages on most automobile policies, this blog is dedicated to how much coverage you should have for someone who is injured as a result of your own negligence in an auto accident.   Most experts recommend caring a policy that is $100,000 per person $300,000 per accident and $100,000 for property damage.  What this means is that if you cause an auto accident, your auto insurance company will pay up to $100,000 for personal injuries to each occupant in the other vehicle or a total of $300,000 for a maximum. According to Mike Morse, practically speaking this means that if they were three people in the vehicle that you hit that were all injured seriously, they could potentially each recover $100,000 from your automobile liability insurance carrier. However, if there were four or more persons in a vehicle in which you were involved in the accident with and you were at fault, those injured persons would have to split a combined maximum of $300,000 to cover their injuries. With the cost of medical bills and hospitalizations, it does not take long for large medical bills to be incurred by persons injured in auto accidents.

DETERMINING HOW MUCH COVERAGE TO BUY

Whenever clients ask me about what kind of insurance they should have, I advise them to think of the worst-case scenario.  I know this is something we don’t like to think about. However, that is the purpose of insurance. When you buy a homeowner policy, they essentially tell you what the worst-case scenario is because most major insurance companies determine the amount of coverage that will be necessary to rebuild the dwelling and replace its contents. Unfortunately, when you buy liability insurance there is not as precise a measure of potential harm.  As an las vegas injury attorney who has handled thousands of auto accident claims both on behalf of a major insurance company and on behalf of the injured victims, I would strongly advise you to maintain enough liability coverage to protect you and your assets in the event of a major automobile collision.  You can also obtain what is called an umbrella policy which I will dedicate an upcoming blog to that type of policy. In a nutshell, an umbrella policy refers to a policy of insurance for liability that is over and above a.k.a. in excess of the underlying casualty liability policy. What this means is that it’s just another layer of coverage they can generally be purchased for a reasonable yearly cost from the same insurance company that you buy your auto insurance policy from and maintain. Most major carriers require a large underlying policy to purchase an umbrella policy. But the umbrella policy covers any accidents that may happen on your home policy and your auto policy. Traditionally most carriers require either a 100/300 or 250/250 policy in order to purchase an umbrella policy.

So, when determining how much automobile liability coverage you should have it is important to consider your underlying assets. If you have a large estate, for example if your home is paid for, you would be wise to have a large liability policy either 100/300 or 250/500 because if the damages of the people that you are involved in a collision with exceed your insurance policy, they could get a judgment and potentially seize your personal assets including your home or bank accounts. This is very scary to think about and that is why purchasing insurance to cover your personal property in the event that you are an accident is extremely important. Years ago, people would sit down with an agent and the agent will discuss their assets and their needs and advise them as to what type of policy would best protect them. There are still many great insurance agents, and I would highly recommend that when you purchase your insurance policy you make an appointment to sit down with an insurance agent from a major carrier and discuss your insurance needs. They will assist you in purchasing your policies with your needs in mind. Unfortunately, many people buy insurance online, sometimes late at night, with an iPad.  I find late night iPad surfing to be a great time to catch up on the news, it is not necessarily a good time to make major purchases like insurance. Although I say that with some sarcasm, it is the world we live in. We live in a world where people buy everything online and often times, we are doing so many things at once that we do not start to really look at the buttons we are pushing.   We are just trying to get to the end and buy. However, when buying insurance, it is extremely important that you consider the needs of you and your family and the potential losses that could be incurred if you do not have the proper insurance coverage.

For example, let’s say you are driving home from work one night and you get a frantic call from a dear friend that tragedy has occurred in your family. As you were talking to your friend traffic slams to a halt, and you look up and before you know it you have struck the car in front of you at a high rate of speed and the car has been pushed into another car which has spun into the sidewall and now there are three or four cars involved in this collision that happened almost instantaneously. As you collect your thoughts and get out of the car and start to call 911, that is not the time that you want to consider how much insurance coverage you are carrying.  It is important to consider these types of scenarios at the time that you purchase your automobile liability coverage. If there are more than two or three cars in a collision, damages can quickly exceed six figures. Again, I urge you to sit down with an experienced insurance agent when purchasing your car insurance.

At the Offices of TheOneLawyer.com, we have over 20 years of experience in the insurance litigation industry and are happy to discuss your insurance needs at any time. We are not insurance agents, so we do not promote any carrier, nor can we advise on cost of coverages, but we can discuss what you should be looking for when you go out to purchase your insurance and what type of coverages will cover the damages that you may be facing. For any questions regarding your automobile insurance policy coverages please do not hesitate to contact us at TheOneLawyer.com.

By contacting an injury lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim and maximize the money you receive in your pocket after your bills and fees are paid.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

FIVE THINGS TO KNOW ABOUT MEDICAL PAYMENTS COVERAGE 

1. MedPay will pay your medical bills even if you are at fault;

2. Medpay will pay all co-pays from the accident if you have health insurance;

3. Medpay will pay medical bills without a referral from an accident even if your health 

            insurance does not or you do not have health insurance;

4. The average cost to have MedPay per month is generally an additional $2per month  for $1,000 in coverage to $37 for $25,000 in coverage for $25,000 in coverage;

https://www.valuepenguin.com/medical-payments-car-insurance-coverage

5. Medpay will cover funeral or emergency out of network expenses which health insurance often does not cover; 

Medical payments coverage, often referred to in the industry as MedPay, is a coverage that pays for medical or funeral expenses that occur because of an auto accident without referrals, deductions, or hassells. It is an optional coverage that is available when you purchase your auto insurance policy or can be added later. This coverage covers the person who purchased the policy called the policyholder, any passengers and family members driving or riding in the vehicle at the time of an accident. As will be outlined below, this policy can sometimes extend to cover injuries you sustained outside of the car as a pedestrian. Most importantly, this is coverage that it applies no matter who is at fault for the accident. This is critical.  If you cause the accident, this coverage will be the only coverage available to help with co-pays or any medical bills if you do not have health insurance.   In Nevada, the insurance companies must offer this to you when you buy your insurance.  

The relevant statute is NRS 687B.145(3) entitled “Provisions in policies of casualty insurance: Proration of recovery or benefits; uninsured and underinsured motorist coverage; coverage for medical expenses; insurer not entitled to subrogation upon payment made because of underinsured vehicle coverage.” Which states:

“3. An insurance company transacting motor vehicle insurance in this State must offer an insured under a policy covering the use of a passenger car, the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from an accident. The offer must be made on a form approved by the Commissioner. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage.”

Unfortunately, unlike the UM/UIM provisions, there is no reference in NRS 687B.145(3) to a waiver form requirement.  In fact, the Nevada Supreme Court decision of Banks v. Progressive Northern Insurance Co., No. 2:12-CV-00861-KJD-VCF, 2012 WL 6697542 (D. Nev. Dec. 21, 2012), held that “if the Legislature meant to impose a written rejection requirement on MedPay coverage offers, it would have expressly so stated, as it did in NRS 690B.020 for minimum UM/UIM coverage.”   Therefore, it is on the consumer to carefully decide if this is a coverage they want to purchase.  

MedPay coverage in Nevada will pay your bills immediately. They will not ask for a referral or a discount, but they will pay your actual bills incurred up to the limit of your medical payments coverage. Frequently, people assume that the at fault driver will timely pay all their bills. Unfortunately, the adverse insurance company will not pay any bills directly. They will only pay to resolve the entire claim when your injuries and treatment have concluded. There may be a substantial period of time where you have outstanding bills that need to be paid before they go to collections.

MedPay coverage limits generally range from $2,000.00 to $25,000.00. It is important to maximize benefits in an auto accident. At the TheOneLawyer.com we have 20 years’ experience in making sure that our clients recover the maximum amount of money in their pocket and all their bills or timely paid.

WHY YOU NEED MEDPAY WHEN YOU HAVE HEALTH INSURANCE

Sadly, I have had clients tell me that their agent advised them they did not need MedPay coverage if they have health insurance. This was bad advice on behalf of their agents. Health insurance does not always pay your medical bills related to a car accident and they are entitled to be indemnified (aka reimbursed) out of your settlement. However, even if health insurance, it  does “cover” all of your bills,  Health insurance, as we all know, often will not cover certain events or there can be very large co-pays for out of network or “unauthorized” treatment. The ambulance bill is often only covered at a very small portion by health insurers and the remaining balance will go to collections quickly.  Med pay is a coverage that covers this gap. MedPay coverage can offset those expenses and pay those co-pays while your health insurance picks up the remaining balance. MedPay can reimburse you timely for those deductibles so that you do not have to worry about getting behind on bills as the result of expenses related to an auto accident.

COST OF MEDICAL PAYMENTS COVEREAGE

MedPay is a coverage is reasonable and allows policyholders to choose a limit a.k.a. a maximum dollar amount that will be paid by your policy for your medical bills. It is generally not a very expensive coverage and can provide extraordinary peace of mind and financial security in the event of an automobile collision. Like anything else, there will be a slight increase in your rates for obtaining medical payments coverage. It is also important to note that it is a coverage you can add to your policy at any time. Call your agent or your carrier to discuss the cost of adding this coverage or go online to check.  Value Penguin did research regarding the costs.  Below are their finding of some examples of the additional cost added to a premium:

https://www.valuepenguin.com/medical-payments-car-insurance-coverage

CONTACT TheOneLawyer.com IF YOU ARE INJURED  IN AN ACCIDENT

MedPay can work in any way that is best suited for your situation. As counsel for injured people, we maximize our client’s benefits and make sure that their bills are covered to the best available coverages in every situation. For example if our client has health insurance, we will reserve MedPay payments until all co-pays have been received to make sure that co-pays are promptly paid on behalf of our clients so that bills do not go to collections. If you are involved in an accident and you have MedPay coverage, it is always extremely important to work closely with your attorney to make sure that all bills are timely sent to counsel’s office. At TheOneLawyer.com,we work diligently to maximize our client’s benefits.

By contacting a lawyer immediately, you can receive the most money for your injury claim. Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim  and maximize the money you receive in your pocket after your bills and fees are paid.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

FIVE THINGS TO KNOW IF YOU ARE INVOLVED IN AN UBER OR LYFT ACCIDENT

1. Uber and Lyft coverage is excess to the at fault driver’s insurance;
2. The Uber or Lyft driver must be at fault for the commercial coverage to take effect;
3. If you drive for a TNC you must advise your insurance company to be covered;
4. Coverages are different depending on the stage of the ride-share;
5. Contact TheOneLawyer.com if you are involved in accident with an Uber or Lyft vehicle.

I often get asked about what happens if someone is in an accident while they are a passenger in an Uber vehicle. Common carriers like a Lyft and Uber are referred to as Transportation Network Companies (TNC’s). These are people who use their personal vehicles to transport passengers for a charge. Such rides are generally arranged through apps installed on the passenger’s phone or mobile device. The app allows the TNC drivers, partners  and passengers to coordinate rides and receive payment for services made electronically directly to the TNC.  The question arises as to what insurance is applicable in an accident when a driver is contracted and driving for Uber or Lyft or another common carrier. In this blog I will answer the most common questions regarding accidents involving Uber and Lyft vehicles.

How Is A TNC Driver Defined Under the Law?

There are several phases of TNC activity. Generally, a TNC driver starts their shift by logging into the app and advising the network that they are available to accept passengers for rides. Once the drivers have logged into the app, they will receive a request from a passenger and start their route to pick up the passenger. From that time, there is the point where the passenger enters the vehicle, and the transportation begins. Finally, the transport ends when the passenger is successfully dropped off at their destination. TNC drivers are not considered to be driving for the network when they are not logged onto the app. During those times they are on their personal time and not covered by Uber or Lyft coverage.  Therefore, just because a driver does drive for Uber or Lyft during certain periods, if that driver is not driving for Uber or Lyft at the time of an accident their personal auto insurance and limits apply to the accident.

Insurance Requirements for TNC Drivers in Nevada

When an Uber or Lyft driver is not driving for the company, they are governed by Nevada law that all drivers are governed by to maintain liability coverage for bodily injury and property damage pursuant to NRS 485.185. That statute requires minimum liability insurance in the amount of $25,000 per person, $50,000 per accident and $20,000 for property damage. However, once the driver logs into the app and becomes available for rideshare services the insurance requirement changes. If you are going to be proving fault after a fall injury with the help of an attorney, you better get a good one.

Once the driver is logged in, coverage must be at least $50,000 per person and $100,000 per accident and $25,000 for property damage when they do not have passengers.  This is the coverage that is required once the Uber or Lyft driver becomes available to accept passengers.  However, once the driver is on route to picking up a passenger and until that passenger exits the vehicle, liability coverage is required at $1.5 million per accident. This coverage must be continuously provided by the company’s insurance coverage or the drivers insurance coverage. Uber and Lyft both have this coverage on their drivers in Nevada.

Does Personal Insurance Cover A TNC Driver?

The answer to this question is generally no. Your personal insurance will not cover you if you are driving for Uber or Lyft. In fact, it has become proper common practice for insurance companies to immediately ask when the accident occurred if anyone was driving for a common carrier at the time of the accident. That does not mean you cannot get coverage; it means that you must advise your insurance company specifically that you will be driving as a common carrier and they must issue you a policy as a common carrier driver. It is extremely important that if you are going to drive for Uber or Lyft you understand that you need to notify your insurance company and advise them of this new position. If you do not, it is the same as driving without any insurance at all while you are driving for Uber and Lyft. 

If you take such a job, call your personal insurance immediately and tell them that you will be driving and make sure that you see your new policy in writing that they have added this to the policy. We have seen several cases over the years where clients have advised they notified their insurance company, but the insurance company claims they did not have notice, it was not updated in the policy and there was no coverage. Do not let this happen to you if you decide to drive for Uber or Lyft.   Call your carrier, have them update your policy and make sure they email you an updated version of your policy so that you can see you are now listed as a common carrier driver.

What Coverages Are Available for Injured Victims in A TNC Accident?

If you were involved in an auto accident as a passenger in an Uber or Lyft vehicle or as a passenger in another vehicle which is not at fault and involved in a collision with an Uber or Lyft vehicle, the Uber or Lyft policy will be excess to the at fault driver’s personal policy. That means that the driver that is at fault should have coverage for the accident as a common carrier because they notified their insurance company of their common carrier position. The state minimum is $25,000 per person and $50,000 per accident. Once the policy limits of the at fault driver are exhausted, the Uber or Lyft policy will become viable and damages up to the limits of the policy will be available.  Just as is the case with any accident involving non-common carrier drivers, it is always important to establish fault on the part of the Uber or Lyft driver in order to recover against the commercial policy of Uber or Lyft. If you or a loved one is involved in an accident, it is important to contact an attorney immediately to determine what policies are available to cover your damages and injuries. At the offices of TheOneLawyer.com we have over 18 years’ experience in helping injured clients. Laura Payne-Hunt worked for a major insurance company for over nine years and has the experience and knowledge to make sure that all policies available can be recovered against on behalf of her clients.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.