Las Vegas Car Accident Attorney - Med Pay Court

Las Vegas Car Accident Attorney - Med Pay Court

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I'm often asked, "Do I need a Las Vegas car accident attorney if I'm injured in an accident, especially if it's clear that the person driving the other vehicle was at fault?" The short answer to that question is "yes". Even though liability may be clear, there are many other issues that need to be sorted out throughout the course of the case that requires the experience and work of an attorney. Insurance companies do everything they can to pay as little on claims as possible. That includes paying people less than they're entitled to for their injury claims. They often will try to obtain information about someone that's not represented in order to minimize the claim itself. They will also tell people who aren't represented that they will be fair in the end, only to change course once it comes time to pay. An attorney can help somebody through this process so that they avoid these types of pitfalls. Additionally, attorneys know what rights their clients have and will protect them from the conduct of the insurance company, and the insurance company's attempt to deny a claim, or to "low-ball" someone who's truly entitled to be compensated.

One of the major issues in any injury claim is proof that injuries are actually related to the accident itself, and insurance companies know that the burden of proof rests with the injured person. Attorneys can help the injured person to make sure that injuries are properly documented so that when it comes time for medical bills to be paid, and the person to be compensated for the pain and suffering that has been inflicted upon the as a result of those injuries, that documentation is sufficient, so the insurance company has no choice but to do what is right. In every case, whether liability is clear or not, an injured person certainly can benefit and should have representation by someone who works in the field of personal injury.

If you've never heard of Las Vegas "Medical Payments Coverage", it's an extra coverage that you can get through your insurance company. A lot of people I talk to say, "Oh, I have full coverage, I have everything I need.", but they really don't have full coverage. To me, full coverage is every coverage available: rental car coverage, uninsured coverage, under-insured coverage, and medical benefits coverage (commonly known as "Med Pay"). Las Vegas Med Pay coverage is a no fault health insurance policy that you have if you're in your car when there's an accident, and it covers anybody in your car, and it's usually sold in 1, 2, 5, or 10 thousand dollar increments (I carry $5,000 in Med Pay coverage). What that does is it will pay all of your out-of-pocket expenses, all of your co-pays, and all of your deductibles caused by a car accident, regardless of whether or not your caused it. Even if you have health insurance, there are a lot of costs that don't get covered, and Med Pay can cover those things. The other benefit for that: the at fault driver's insurance company doesn't get the benefit of the Med Pay, so if Med Pay benefits have been expended, the other driver is still responsible for all the bills and all the costs incurred.

One of the other things I tell all my clients about Med Pay coverage is that if you go to the hospital, don't bring in your car insurance. The hospital wants to use your Med Pay because it's like cash to them. But, if you have health insurance, use your health insurance. Hospitals will suck up all of the Med Pay and then they'll still bill your health insurance for the balance. So don't tell them you have Med Pay, just tell them you have health insurance. They're required to take it if you have it. The other thing I tell me clients about Med Pay is if you use it, because there's no fault (it doesn't matter if it's your fault or not) your insurance company can't raise your rates or increase your premiums or drop you if you use it, so there's no reason not to use it if you do have it.

I'm often asked, "If I make a claim with the insurance company, or if I hire an attorney to do so, does that mean, automatically, that I'm going to have to go to court?". The short answer to that question is "no". Much of what we do as Las Vegas court attorneys is help those injured as a result of someone else's fault deal with the insurance company for the at-fault party. Insurance companies are billion-dollar companies that have many people that work for them whose sole job is either to deny claims or pay less that someone's entitled to as a result of being injured by the insured. Part of what we do is help the insurance company to appreciate the gravity of our client's injuries, appreciate the impact those injuries have had on our client's life, and convince the insurance company that it's actually in their best interest as a business to be fair now, as opposed to incurring court costs and being forced to be fair by a judge or a jury down the road.

In a typical personal injury practice, probably less that 2 in 10 cases that start out as claims actually end up in the litigation room or the court process. Just because you hire a lawyer, and just because you make a claim against an insurance company for injuries or other damages you've incurred, certainly does not mean that you'll end up in the court system. It can't be guaranteed that you won't, but most of the time cases as successfully resolved without the need for litigation.


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