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If you have been involved in a car accident either as the operator, or passenger of a car here is what you should know:
1. If you own a car and it is insured, YOUR carrier is required by law to:
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Pay 80% of your reasonable and necessary medical expenses, up to the limits of your policy, ordinarily $10,000.00. This includes diagnostic testing, surgical, dental, vision, ambulance, hospital, prosthetics, rehabilitative;
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Pay 60% of your wage loss as a result of your inability to work due to injuries sustained in the accident; and,
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Pay a death benefit of $5,000.00.
2. These benefits are payable whether or not:
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you were at fault for causing the accident;
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your personal car was involved in the accident; or,
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you were the operator or passenger of another vehicle.
3. If you DO NOT own a motor vehicle these same benefits are payable by the insurance company of a car owned by:
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A resident relative that you reside with, whether or not they or their car was involved in the accident, or if do not reside with a “resident relative” who owns a car;
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By the insurance carrier of the car that you operated, or were a passenger in that was involved in the accident; or,
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If you were a pedestrian, or bicyclist, by the insurance carrier of the car that was involved in the accident.
4. The insurance carrier of the owner, and/or driver if different from the owner, of the car whose driver was deemed at fault in the accident is required by law to pay:
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To repair or replace your damaged vehicle and property, which includes sales tax and a registration fee if your car was totaled, and a rental car for a reasonable period of time that your car is being repaired or replaced.
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If you DID NOT sustain:
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A permanent injury as a result of the accident, or
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Disfigurement or scarring, or
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Loss of an important bodily function, or
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Die as a result of the accident, the insurance carrier is required by law to pay your out of pocket expenses for medical bills, wage loss and other direct expenses NOT already paid for by the car insurance company that was responsible to pay your bills.
IMPORTANT, PLEASE READ: Whether or not your loss or injury satisfies one of the above four conditions can be a medical-legal question and you should not make any determination in this regard without consulting an attorney. Call or email David Kerce right now for a free consultation. 386-258-0073, toll free 888-363-0233;
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If you DID sustain one of the four losses above, in addition to paying expenses NOT covered by the car insurance company which paid your losses, you are also entitled to recover money for physical and emotional pain and suffering, disfigurement, disability, permanent impairment, loss of earning in the past and earning capacity in the future, inconvenience, loss of the capacity for the enjoyment of life, medical expenses, all of which has beenincurred in the past and will be incurred in the future.
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Your insurance company, or the insurance company of the car you operated or was a passenger of may be required to pay these benefits if the at fault driver/owner did not have insurance, or had insufficient insurance. This is a UM, or uninsured-underinsured motorist claim.
For answers and advises to all your questions please call or email David Kerce right now for a free consultation. 386-258-0073, toll free 888-363-0233;
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