West Virginia Injury Lawyer Blog

It can be a scary chain of events through no fault of your own you are in a car accident. Your life seems to be spinning out of control and you are rushed to the hospital, treated in the emergency room and after a few difficult days, you are released.

You feel lucky to be alive, but the worry is not over. How are you going to pay for the hospital and the medical bills. The very institution that help save you life is now scrambling and looking to you for money.

Before the calls what can you do? Like many West Virginians, you may have no health insurance. However, hopefully, prior to this accident, you have opted to have medical pay added to your auto insurance policy. Wait a minute you say, "The accident wasn't my fault, doesn't the other person's insurance have to pay?" Well, you are only half -right.

The at-fault party's insurance company does have to pay under the liability provisions of the at fault driver, but only one time and with one lump sum in exchange for a full release. Unless you settle you case early before you have completely recovered the at fault insurance company will not help you. What they want is for you to settle early before you know if you have fully recovered or may have future medical bills. If you settle too soon, you cannot recover any future damages if you later have a medical setback. This is where if you have med pay on your policy you can turn for help.

The West Virginia Insurance Commission defines medical payments coverage as a form of insurance that pays for medical and funeral expenses regardless of liability.

Most policies in West Virginia provide for medical payments coverage and some insurance companies wisely offer higher levels of medical payments coverage. For example, State Farm policies routinely has $25,000 in medical payments coverage.

In these difficult economic times, we are all trying to find ways to cut cost. However, check with your agent to determine the amount of med pay you have on your policy. If you are without health insurance, med pay can be a welcome discovery, if unfortunately you or your passenger are in an accident.

The West Virginia Supreme Court reversed an Order of Circuit Court of Brooke County holding that an automobile insurance policy excluding an off-road ATV from uninsured motorist coverage does not provide coverage where a passenger was injured while riding off road ATV.

Nationwide all-terrain vehicle crashes in 2006 totaled more than 500 deaths with 20 percent of that number being children. West Virginia, along with Pennsylvania, California, Texas and Kentucky reported the highest number of ATV deaths since 1982. Most of the deaths and injuries are to children resulted from them riding on adult-size ATVs.

The West Virginia Court recognized in the recent case that the primary purpose of mandatory uninsured motorist coverage is to protect innocent victims from the hardships caused by negligent, financially irresponsible drivers.

However, the Court denied uninsured motorist coverage for this accident where a passenger of an ATV vehicle, that was being driven off road, upholding the automobile insurance policy exclusion. The West Virginia Supreme Court found that the exclusion does not violate the intent and purpose of the uninsured motorist statute at West Virginia Code Section 33-6-31(b).

Since ATV's are not required to have a license and registration in West Virginia, they are not required to have motorist liability insurance coverage pursuant to West Virginia Code Section 17D-4-2.

Citizens in West Virginia must not assume that their ATV will be covered under their Automobile policies and indeed the same exclusion found in this policy from State Farm Auto Insurance Company for ATV's is common in most automobile policies written in West Virginia.

You should review your policy and ask your insurance agent if ATV's are excluded and discuss purchasing coverage for your ATV.

Currently in West Virginia, the insurance companies are changing their approach on how adjustors handle the claims of persons involved in automobile accidents. When someone is in an accident, it is not something that they want in their lives. Often, it is the first time they may have a claim that involves injury to themselves or to a loved one. They are looking for help and are fearful that if they contact an attorney that it may be viewed negatively or could cost them.

Some unethical adjustors take advantage of this situation. They contact victims in their hospital rooms and obtain statements while they are under medication or at their homes when they are still reeling from the accident and confused. If an adjustor has treated someone improperly a complaint can be filed with the insurance commissioners office.

Most people do not know that they can contact a lawyer free of charge with answers to what appears to be a confusing issues. First, you do not have to talk to an adjustor. Although the adjustor may appear to be kind, his or her's primary concern is protecting their employer, the insurance company. They will do this by negating or eliminating liability on their insured and by minimizing your injuries. An adjustor will do this under the guise of obtaining an interview which will be recorded, often when you are not in the emotional state to give one. You do not have to give a statement to or talk to an adjustor. Often after an accident a person will not know the full extent of their injuries and will tell an adjustor "I think I'm ok" when in reality they are not.

Second, you do not have to sign any papers for the adjustor or insurance company. Some adjustors will try to get an injured person to sign a medical release so they can obtain your confidential medical records. There is not a requirement for you to sign a medical release. In fact, the HIPPA requirements were developed to protect your right to privacy regarding your medical treatment. Some companies store these records in a database which they will use without you consent.

Continue reading "Car Accidents in West Virginia and the Role of Adjustor Regarding Accident Victims" »