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Article Directory :: Legal Articles
The general public has some ideas about their insurance company and the services they will provide for them if they have been in an accident. Unfortunately many of these ideas are not correct. Two of the common misconceptions are the insurance company will give a reasonable offer if I just call them or write them a letter. Sadly it is not that easy. The other misunderstanding is the insurance company for the car that hit me has to pay my medical bills as I send the bills to them. Again, it is not that easy.
One of the first things to remember is that insurance company of the person that caused the accident, or even your insurance company, if the at-fault party didn't have insurance, is not trying to pay you a settlement that you deserve. They are not trying to give you fair compensation for your injuries. The insurance company wants to pay you as little as possible. Many insurance companies have written policies describing how to minimize your settlement and how to keep you from hiring an attorney. They want to convince you to accept a low ball offer to settle your case. Phone calls or letters are not going to change the fact that they are a business and that the less they pay to you means more money in their pocket.
Many insurance companies have a step by step process can include what the insurance adjuster actually says to you. They will tell you that they are working for you or that if you hire an attorney that they will not settle your case. An adjuster may even get a bonus if they keep the settlement under a certain amount of money. There is reason why almost all of the skyscrapers in the big cities have either the name of a bank or an insurance company on them. The other question is how your medical bills will get paid. Although the at-fault insurance company will eventually have to pay the majority of these medical bills, they do not have to pay them immediately. You actually submit your medical bills to your own insurance company and they will pay the bills. I know you are thinking, "I didn't do anything wrong. Why should my insurance company have to pay anything?" This would seem logical; however, the Kentucky legislature enacted a "No-Fault" Statute which requires your insurance company to pay your medical bills regardless of fault.
When your case is settled or tried to a jury and closed your insurance company will be reimbursed by the at-fault insurance company for the medical bills they have paid that are related to the accident after the first $1,000.00. This is pursuant to the Kentucky No-Fault Statute or Personal Injury Protection laws. The good news for the accident victim in this policy is that it will be up to your insurance company to recover the money spent on your medical bills not you.
You should always speak with an attorney who concentrates in personal injury law before accepting a settlement offer. Get advice to make sure the offer is fair and reasonable and that you are not being taken advantage of. Also an attorney will be able to explain how the process works and clarify any misconceptions you may have.
About The Author
Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of "7 Potholes That Can Wreck Your Kentucky Accident Case" and "What You Don't Know About Buying Car Insurance Can Hurt You".
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