Frequently Asked Questions
Below are some initial questions many clients have when they first contact Michael A. Schafer, Attorney at Law. The questions below may address many initial concerns you may have about your accident. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.
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How Long Do I Have To File A Slip And Fall Case?
The statute of limitations on a slip and fall or premises liability case is one year from the date of the incident. There are no time extensions on this type of case.
Who Will Pay To Fix My Car?
The insurance company of the person who hit you will pay to have your vehicle fixed. If their insurance company challenges liability (whose fault the accident is), they may not pay for your car right away. If this is the case and you have collision coverage on your policy, you may want to turn to your own insurance company. If you do this, you will have to pay your deductible. Your insurance company then would attempt to collect the deductible back from the at-fault party's insurance company.
What Does the Term “No Fault Insurance” Mean?
In Kentucky, no fault insurance means that your insurance company will pay your medical bills regardless of whose fault the accident was. The insurance company will only pay your medical bills, not for your pain and suffering. They will also pay for loss wages up to $200 per week, unless you have added reparations benefits.
Who Will Pay For My Medication?
Your insurance company will pay for your medication through your PIP coverage. You initially pay for any medication that you have and then we send the receipts to the insurance company for reimbursement.
What Are Added Reparation Benefits?
Added Reparation Benefits may be purchased from your insurance company. This raises the limit of your PIP Benefits above the $10,000 limit.
Are All Attorneys The Same?
No, not all attorneys are the same. Many attorneys have practices that concentrate in different areas of law. For example, it is important that you find one that concentrates in car accident cases if you are in an automobile accident. Should you need a criminal, bankruptcy or divorce attorney, you would want an attorney who concentrates in those areas.
Should I Talk To The Insurance Company?
I urge people not to speak with any insurance adjuster until they have consulted with an attorney. However, it is important to cooperate with the insurance company. It is equally as important to have all the information at your disposal that the insurance adjuster has. Remember the insurance adjuster does this every day. They speak with people that have been in accidents as part of their job.
How Much Do You Charge And Do I Have To Pay Upfront?
I work on a contingency fee basis. This means that I receive a percentage of what I collect at the end of the case. The contingency fee is 1/3 (33 1/3%). Additionally, you are charged expenses and unpaid medical bills. This is a sample of the contract you may sign with my office.
Should I Accept A Check From The Insurance Company?
It is always dangerous to accept a settlement without knowing all of your rights. In a car accident, once the case is settled, you can never re-open it, even if you find additional injuries at a later date. It's my suggestion that you consult with an attorney before accepting any checks or settlement money.
What's Personal Injury Protection (PIP)?
Personal injury protection (PIP) and basic reparation benefits (BRB) are two terms for the same type of insurance. In Kentucky, your insurance company is required to offer you a minimum of $10,000. The $10,000 could be used to pay for your medical bills and/or loss wages if you are in an accident. These benefits are paid regardless of the fault of the party. In other words, you can be in a car accident that was your fault and still receive your $10,000 PIP or BRB. If the accident wasn’t your fault, the at-fault insurance company is required to reimburse your insurance company the benefits paid less $1,000.