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Determining who pays in cases of accidental injury or death can be a complex question. We will try to answer some of the typical coverage questions that arise from time to time, but keep in mind that you should seek legal advice as to your particular situation. The information provided is of a general nature only, and should not be taken as legal advice:
Q. If I am in a car wreck, which was not my fault, who pays?
Q. If I am in a car wreck that was my fault, who pays my damages?
Q. What happens if I get sued?
Q. If I am hurt on the job, who pays for my medical expense and my lost wages?
MOTOR VEHICLE ACCIDENTS:
If you are involved in an automobile accident you should first determine what coverage is available on the vehicle you are driving, or occupying. Even if you were not at fault, the coverage on the vehicle is extremely important. Many policies contain medical payments coverage, which will pay a certain amount toward your medical expenses, irrespective of who is at fault for the accident. Typical coverage limits are $1,000.00, $5,000.00, or perhaps $10,000.00.
You should also determine how much uninsured motorist coverage is available on the vehicle, in case the at fault driver lacks insurance coverage, or does not carry enough coverage to take care of all the damages.
If you happen to be a passenger in a vehicle owned by someone who is not a member of your family, you also need to check your own motor vehicle policies for available coverage. Med pay may be available under your own policy, and your uninsured motorist coverage may come in to play, as well. In some states, such as Georgia, uninsured motorist coverage available under different policies may be "stacked" to provide greater coverage to you.
Do not be misled by the term "full coverage" which is frequently used by insurance agents. "Full coverage" usually does not mean what it says. It typically refers to coverage for damage to the vehicle, including collision, fire, and theft.
If you are involved in an accident that is not your fault, and your car is wrecked, you may be able to get the other parties insurance company to pay the damages fairly quickly, if liability is clear. On the other hand, if there is a dispute about whom is at fault, you may have to have your car paid for under your own collision coverage. Typically there is a deductible, and so it will cost you at least as much as the amount of your deductible. If your car is totaled, typically that means that the repair costs would exceed the value of the vehicle, so the insurance company just pays you whatever it was worth. The usual measure of damages is the fair market value of the vehicle at the time it is wrecked.
LIABILITY INSURANCE GENERALLY:
Liability insurance is designed to protect a person or business against whom a claim or lawsuit is filed. Typically, the liability insurer furnishes a lawyer to defend the claim and will pay any settlement or judgment, up to the selected coverage limits. Liability insurance only pays if the person or business is determined to be at fault for the accident, damages, injury or death. Just because an accident or injury occurs on the premises of a business, for instance, does not mean their liability insurance must pay the claim. The business is liable only if it was at fault for the accident or injury. If a claim is made against you, you are liable only if you were at fault for what happened, and your liability insurance will provide a defense and pay any damages awarded up to the limits of the coverage you have purchased.
WORKERS' COMPENSATION INSURANCE:
Please see INJURED ON THE JOB?
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