Missouri Insurance Lawyer Blog

Perhaps you've just been involved in an automobile accident with another vehicle. Your car is damaged, but still drivable. Your neck and back feel a bit sore. The accident was not your fault. Now you must make several very important decisions. Undoubtedly, you will also have many questions.

Given the current financial market, it has become more difficult for insurance companies to receive a good return on the premiums you pay. Therefore, greater pressure is placed on the claims departments to pay out less in claims dollars. It's important for you to remember that the only way a claims department accomplishes this goal of making an "underwriting profit" is by paying out as little as possible on each and every claim.

You can read more about this topic, as well as read CFA's Checklist for Getting the Settlement You Deserve here.

This week, the Missouri Senate voted for workers' compensation legislation that would ignore the serious financial crisis of the Missouri Second Injury Fund. The bill, perfected by the Senate Feb. 15th, can be found here. A new bill on the Second Injury Fund has been filed by Senator Dempsey and should be available online soon.

As reported by StlToday.com, the Missouri Attorney General Chris Koster emphatically warned that millions of dollars in bills are piling up because the Missouri Legislature hasn't replenished the state fund that compensates certain injured workers.

To date, the fund owes more than $14 million to 184 injured workers, bills that are not being paid and accruing interest of $1.3 million per year. That amount doesn't even count the potential liabilities for 29,000 pending cases, which are estimated could cost the state more than $145 million.

The Missouri Second Injury Fund was originally started approximately 70 years ago to encourage companies to hire World War II veterans with disabilities. It is set up to pay for work-related aggravations of previous injuries. However, since 2005, when the Missouri Legislature capped a business surcharge that finances the awards to workers, the fund hasn't generated enough money to pay the amounts due to Missouri's injured workers.

Continue reading "Fate Of The Missouri Second Injury Fund Is Still Uncertain" »

Sooner or later, it may become necessary for someone else to drive your vehicle and you want to make sure that there is insurance if they are involved in an automobile accident.

Generally, insurance follows the vehicle, not the driver. If it is your car, then the insurance coverage you have purchased for your vehicle would provide primary coverage. Any insurance policy your friend has purchased would become secondary. Primary simply means that your insurance company should pay the claim first. Then if your liability limits are exhausted, your friend's insurance should pay additional amounts up to his limits.

Please understand that if your friend is involved in an accident with your car, your rates could go up. Also, in some circumstances, if you are aware that your friend is not a safe driver and you allow him or her to drive your car, you could be held personally liable if they cause an accident that seriously injures another person.

Continue reading "Does My Friend Have Insurance Coverage If She Drives My Car?" »

If you have been injured by negligence you have a personal injury claim. Depending on how the claim happened you may also have a property damage claim, such as damage to your car. If you want to pursue a claim for damages you should consult with an attorney experienced in personal injury law. Many claims can be handled without hiring a lawyer but you should always consult with a lawyer first because the law is complex and in your particular situation there may be reasons that an untrained person should not handle their own claim. For example, all personal injury claims are subject to statutes of limitations, which require that you bring your claim within the time period specified or your claim is forever barred. The general statute of limitation for personal injury in Missouri is five years, but that does not mean that is the time limit that applies to your case. Time limits can be drastically shorter depending on a variety of factors that a non-lawyer would not know. So step one is see a lawyer. Step two is asking your lawyer if this is something that they need to handle or if you could do it on your own. You may have claims or rights you don't know about so if you proceed without speaking to a lawyer you are taking a big risk.

Step three; if you proceed on your own collect all the information about how the injury happened such as accident reports, photos, witness names, addresses, and phone numbers. Get written or recorded witness statements and ask the witnesses to state what they saw, what they heard, and what they did. Finding all the witnesses may take some legwork because it's rare that all the witnesses are listed on accident or incident reports. Gather documentation to support your damages including, medical bills, and pharmacy records, lost wages, loss profits, expenses and property damage.

Once you have gathered all these documents make a demand upon the insurance company for the responsible person(s) that sets out how the incident happened, and your damages. A demand is simply a letter sent to the insurance company setting out the facts of your case and asking for an amount of money to settle your case. The letter should have the supporting information attached.

The total of all the bills, losses and expenses are called special damages. In addition to special damages you are entitled to compensation for pain and suffering. Pain and suffering is difficult to place a value on, but it is easier to get money for if you have evidence that supports the claim. Evidence includes pictures of injuries, medical records documenting pain, pain medication prescriptions, and witness testimony. Including this information in your demand will help you get the true value of your claim. If you can get a letter from your doctor setting out the injuries that you suffered as a result of the incident you should do so. If you have medical issues that pre-existed the injuries you claim from your accident then this is particularly important. Insurance companies often refuse to settle or make low offers when they believe there is evidence that you already had the injury before the accident. Any evidence you can use to support that the injury is new, different, or an aggravation is helpful.

Once you make your demand you then need to stay on top of your claim and make sure the insurance company makes a response. You also need to be responsive to the company's reasonable request for additional information. You should make your demand high enough so that you have room to negotiate down. There is no hard and fast rule for how much to demand, although insurance professionals often say 3 to 5 times special damages is typical for an opening demand. If the company makes an offer that is unacceptable you should negotiate to get to their best offer. If you can't get them to a reasonable sum, then you may wish to speak to a lawyer again. If you settle, make sure you carefully read and understand the release before you sign. Depending on your personal situation you may also have to satisfy liens of medical providers, health insurers, Medicare, Medicaid or others. You should also make proper claims under your insurance policies. If you were injured on the job or receiving social security disability you should consult with an attorney.

This article is an overview and provides tips on handling your own personal injury claim. It does not cover all the legal issues that may be presented in your particular case. This article is not legal advice and you should consult with a lawyer before proceeding on your own.

People purchase disability insurance to provide financial assistance in the event they become disabled and unable to work for a living. These policies are sometime purchased by an individual but most often they are provided as a benefit by an employer as part of a group plan. These policies are also commonly sold to professionals such as doctors and lawyers. Unfortunately, many legitimate disability claims are unfairly denied by the disability insurance companies, leaving policyholders without the benefits of a policy they have paid for.

If you have suffered a disability because of car crash or other tragedy or illness you may be entitled to benefits under your group or individual disability policy. If you insurance company denies your claim the law firm of Tatlow, Gump, Faiella & Wheelan may be able to help. To learn more visit our web site or give us a call at 1-800-264-3455.

Insurance companies deny coverage for any number of reasons. However, the fact that you have received a denial of your insurance your claim should not be the end of your fight.  Insurance companies are often wrong in their assertions of no coverage, and there are several legal rules which may help your case. One of the most powerful rules that can help people fighting an insurance company on coverage is the doctrine of ambiguity. Simply put if the language of the insurance policy is ambiguous it must be construed by a court in favor of the insured (the policy holder or beneficiary) rather than in the favor of the insurance company.  The reasoning behind this rule arises from the fact that insurance companies use form contracts that they write and issue, so if a dispute is over their failure to make the contract clear then they are the ones who should bear that burden.

As a result of this rule many lawsuits over coverage focus on whether or not an ambiguity exists in the policy.  Generally speaking a policy is ambiguous if there is doubt about its meaning, duplicity or uncertainty about the language as applied to the facts of the case.  This rule has also been expressed as a contract that promises something in one section and then takes it away in another.  While the explanation of what an ambiguity appears simple, in application an ambiguity may be quite complex.  It is also possible that an ambiguity may arise from a document other than the actual contract language such as the application for coverage.  The important thing to remember is that when your coverage claim is denied you do not have to accept the insurance company's position.  There are legal rules that help policy holders, which may apply in your particular circumstances.  Consultation with an attorney regarding your particular situation may turn a denial into a recovery.

If you need assistance contact Chris Faiella, with the law firm of Tatlow, Gump & Faiella at 1-800-264-3455 for a free, consultation.  Chris will help you determine your options and advise you as to the course of action that will best suit your individual situation.