Archive for July, 2010

Hope For the Best, But Plan For The Worst: Adding UIM Coverage To Your Car Insurance

Friday, July 23rd, 2010

We all are creatures of habit.   Comfortable in the routines that make up our day to day life, we make our way each day through the necessities of survival and the pleasures that give us our joy in life.   One day fades into the next, and years pass.  Then everything suddenly changes.   A young driver takes a moment to look at an incoming text, his attention diverted for just an instant, and his vehicle crosses the center line directly into your path.  The collision is violent, but all seems to happen in slow motion.  A strange cataclysm of sudden jolting pain mixes with a numbness.  The next thing you know you are in and out of a fuzzy, medication induced haze in a cold hospital room.   Your habits and routines of work, home, and relationships are only a part of hope rather than your reality.

You also hope that careless driver had good insurance coverage – as you become aware of your medical bills stacking up.   As you begin, with determination, the effort through aching pain to get your life back, you wonder how you are going to avoid financial ruin.   And then you learn that he had only the minimal liability coverage of $25,000.   Your medical bills already are more than that.   You feel your life is out of control.

But wait.  You had the foresight to purchase underinsured motorist (UIM) coverage.  Your insurance agent told you that UIM coverage was optional (even on full coverage) and cheap.   She told you that because they insured three vehicles for your family that these UIM coverages would stack (meaning you could add them together when needed), so that if someone injured you and had only minimal coverage, your own UIM coverages would kick in and help you through the rough time.  You said, ‘yes, I want that.’

In Missouri, unlike in Kansas and Oklahoma, UIM coverages must be separately purchased.  UIM coverages are ordinarily very cheap, compared to collision coverage or liability coverage.   UIM coverages help you and your passengers when someone carelessly injures you but does not have enough insurance to take care of the harms he caused.  UIM coverages give you more control over regaining your life and keeping you from financial desperation.    If you think you have full coverage – you should look again.   Many insurance agents are not telling their customers/clients about UIM coverage.  Many of our clients think they are covered, only to discover too late that they did not even know about UIM being separate from uninsured motorist coverages.

It is this simple:  UIM covers you and your loved ones when someone else has complied with the mandatory law and has at least some liability insurance – albeit at times the minimum amount of $25,000.    UM covers you ONLY when the careless driver has no insurance at all.  Most all full coverage insurance policies have UM coverage, but many do not have UIM coverage.  You must specifically elect to purchase it.

I hope you never need UM or UIM.   But the old saying of ‘hope for the best, but plan for the worst’ is a wise one.   Life can suddenly be changed even when you do everything right.   It is best if that tragedy strikes for you to be able to control as much of what happens to you financially as you can.   Take a look at your coverages on your insurance policy.  We suggest you tell your agent you want as much UIM coverage as you have in liability coverage.

Roger Johnson
Roger@4stateslaw.com
Joplin Missouri Injury Attorney
Kansas Injury Attorney
Oklahoma Injury Attorney
Roger Johnson
Johnson, Vorhees & Martucci
510 West 6th Street
Joplin, Missouri 64801
417-206-0100 office
417-206-0110 fax
866-836-0100 toll free
www.4stateslaw.com

Johnson, Vorhees & Martucci hopes your family had a safe and Happy Fourth of July weekend!

Thursday, July 15th, 2010

This time of the year reminds me of one of my smaller yet more rewarding cases I have handled as a personal injury attorney.  I once represented a very concerned young mother and son, whose son had spent the Fourth of July weekend with his father.  The father permitted the son to ride his bike with his friends as he normally did, but the 10-year-old kids soon made their way to the fireworks stand run by a local corporation.

Missouri law has statutes in place that prohibit the sale of fireworks to children under the age of fourteen (14) except in the presence of that child’s parent or guardian.   In this community, the kids were able to purchase fireworks without their parent.  My 10-year-old client purchased fireworks and did the exact thing this Missouri law was designed to protect against and suffered third degree burns to his hand using the fireworks he purchased without his parents.

When I met with my client’s Mom, I echoed her outrage at entities selling fireworks directly to unsupervised kids, but explained that my practice was typically to find the insurance money that covered the negligent act to help make up for some of the harms and losses suffered by my clients.  However, this client’s Mom was not concerned about the money as much as she wanted to make sure her kids and the other neighborhood kids would no longer be able to purchase fireworks without parents to avoid this happening again in the future.  We then discussed the law and I explained that the criminal prosecutor and not necessarily a civil trial attorney, like me, usually took the role of enforcing the law.  She advised that the local authorities were on the scene and declined to bring any charges against the local corporation that had been selling fireworks in that community for years.    More outraged, I visited with the partners here at Johnson, Vorhees & Martucci about it and we signed up the case.

Luckily, my client’s injuries healed remarkably well thanks to great medical care by the hospital and my client’s Mom who instantly became a nurse-in-training.  My client’s Mom had to maintain what was essentially a germ-free bubble around my client and had to scrub the charred skin off his hands twice a day for two weeks while my client screamed in agony.  Today, you would be unable to notice that the skin had been burned off all of his fingers without someone telling you first.

Once my client completely healed, it was time to explore settlement opportunities or file a lawsuit.  In speaking with my client’s Mom, she reiterated her disinterest in going to Court or getting a bunch of money, but wanted assurance that this would not happen again in her community.

After several rounds of negotiating with the insurance company for the local corporation, we made it a condition of settlement that the corporation would no longer sell fireworks to anyone, including unsupervised kids.  Of course, we also demanded and received fair compensation for my client’s harms and losses in addition to the fireworks ban.

Today, I still feel good about that case to know that my letters, interviews, and visits with the corporation’s officers and community members helped shed light on what was going on and put a stop to it in at least one neighborhood.

Cephus Richard III

Cephus Richard III - Northwest Arkansas Injury Attorney

Cephus Richard III - Northwest Arkansas Injury Attorney

Cephus@4stateslaw.com

Joplin Missouri Injury Attorney
Northwest Arkansas Injury Attorney
Johnson, Vorhees & Martucci
510 West 6th Street
Joplin, Missouri 64801
417-206-0100 office
417-206-0110 fax
866-836-0100 toll free
www.4stateslaw.com