Posts By: Richard Munday

What Exactly is Med Pay?

Personal Injury

What Exactly is Med Pay?

When it comes to insurance med pay is a term that gets thrown around a lot, but I’ve found that a lot of people aren’t really sure what it is. Med pay refers to medical payments coverage, and it’s generally bought alongside car insurance. It’s a very catch-all kind of insurance that covers a wide range of injuries that you could get if you were to be involved in a car accident.

When you purchase med pay, the insurance company agrees to pay reasonable expenses for the necessary medical treatment you receive as the result of your accident. This basically means that they’re going to cover your accident-related injuries as long as you don’t send them an unreasonably high bill. They’ll look at the cost of similar procedures in the area where you received treatment to determine whether or not the cost of your procedures is unusually high.

As with many other kinds of insurance, there is a limit to how late you can make your claim. In the case of med pay, you have three years from the date of your accident to make your claim. Med pay can also cover more than one family member, and it doesn’t matter whether they’re driving, a passenger, or a pedestrian who’s been struck by a vehicle.


If you’re wondering how much med pay insurance costs, the answer varies on how much coverage you want. Some plans can be as cheap as $500 while others could be a $1 million, if you wanted to spend that money.

If you’ve been injured in an accident, don’t go it alone. Work with an experienced attorney who has the experience to protect your rights. Give Oxner + Permar a call for a free consultation.

Is My Landlord Responsible for Carbon Monoxide Poisoning?

Is My Landlord Responsible for Carbon Monoxide Poisoning?

Generally, landlords are responsible for making sure that their tenants’ homes are well maintained and up to safety regulations. So if your landlord failed to meet these standards, and you were injured as a result, he or she may be accountable. The problem is, with something like carbon monoxide poisoning, there can be some grey area about who’s responsible.

If your exposure was caused by something like a broken furnace, pipe, or anything else a landlord is responsible for fixing or maintaining, the landlord is likely to be held accountable — especially if you notified them that there was a problem. If they refuse to fix a problem that you pointed out to them, and you end up getting hurt as a result, they will almost certainly be held accountable.

Things can start getting tricky when the carbon monoxide exposure happens because of an appliance or device that was not broken when you moved in. For example, let’s say you have a gas stove that was properly inspected right before you moved in. Everything was fine with the stove, but a few months later you accidentally damage the stove which causes it to begin leaking carbon monoxide. In this case, your landlord probably won’t be considered responsible.

The same is true if your stove was leaking due to a manufacturing problem. In this instance, you might have a case against the manufacturer instead.

North Carolina law requires that homes have carbon monoxide detectors. If your landlord did not install a carbon monoxide detector and you suffered carbon monoxide exposure, your landlord could be liable.

If you’ve suffered from carbon monoxide exposure, be sure to contact an experienced attorney to help handle your case. At Oxner + Permar, we offer a free consultation. We’ll help evaluate your case and decide your next steps.

Can I Use Social Media During My Workers’ Comp Case?

 

Can I Use Social Media During My Workers’ Comp Case?

In this day and age, we share everything online. Social media makes it so easy to connect with friends and family. Whether it’s birthday wishes or photos with friends, there are all sorts of ways to share our thoughts and feelings and keep in touch. For the most part, sharing things on social media is pretty harmless. However, this is not always the case when you’re in the middle of a workers’ compensation case.

 

What you might not consider is the fact that defense lawyers and insurance carriers may try to look you up on Facebook, Twitter, or any other social media accounts you might have. They will look for evidence that you’re not really as injured as you claim to be. This evidence could be something as simple as a photograph of you out with your friends, especially if you’re doing something physical like dancing or swimming.

 

The best policy is to simply deactivate your Facebook (or other social media) account until after your trial. At the very least you should set your social media settings to private. Don’t post pictures of things that could be incriminating. For instance, if you post vacation pictures of yourself lying out on a beach when you’re supposed to be recovering, the defense will most likely call this into question.

 

It can be hard to break the social media habit, but I promise things will be better if you take the plunge and deactivate your social media accounts until after your case has ended. Definitely better safe than sorry!

 

Don’t let something as simple as social media get you in trouble! If you’ve been injured at work, let an experienced attorney guide you through your case.

 

Is It Possible to Obtain the Insurance Policy Limits from the Negligent Driver in My Case?

Personal Injury

Is It Possible to Obtain the Insurance Policy Limits from the Negligent Driver in My Case?

Knowing insurance policy limits can be a huge advantage when dealing with a case against a negligent driver and their insurance company. However, in North Carolina, insurance companies are not required to reveal how much insurance the at-fault driver has or what their policy limits are. As such, most insurance companies won’t reveal this information, as it would give you the upper hand when it comes to negotiating a settlement and could cause them to have to pay out more.

car crash accident on street, damaged automobiles after collision in city

There is however a way to get insurance policy limits from an insurance company. North Carolina General Statute 58-3-33 allows you to request this information from an insurance company if you have been injured or incurred property damage at the fault of one of their clients. In order to receive this information, you have to send a request to the insurance company via certified mail.

 

You must:

  1. Provide medical record releases and allow the insurance company to obtain three years of prior medical records and any medical records pertaining to your injury.
  2. Consent to the mediation of the claim.
  3. Submit a copy of the accident report and a description of the accident that’s detailed enough to allow the adjuster to make a liability decision.

 

These three points must be outlined in your letter when you request the insurance coverage limits. The adjuster will have 30 days to respond with the insurance policy limits after receiving your letter.

 

Obtaining the insurance limits of the negligent driver in your case can make a huge difference in your settlement. Be sure to seek guidance from an experienced attorney if you have any questions.

Is Not Wearing a Seatbelt Considered Contributory Negligence?

Personal Injury

Is Not Wearing a Seatbelt Considered Contributory Negligence?

In North Carolina, it’s illegal to not wear a seat belt. Regardless of age, or whether you’re the driver or a passenger, everyone is required to wear a seat belt. We’ve all seen the ad campaigns and the “click it or ticket” slogan to encourage drivers to wear their seatbelts, and hopefully this isclose up seat belt in modern car a law that we all take very seriously. Seat belts save lives: they protect not just you, but other passengers in your car as well.

However, let’s say one day you forgot to put on your seatbelt. And while you were driving through an intersection, a car coming from the other direction runs the light and crashes into your car. Your car is damaged and you’ve sustained more injuries because you weren’t wearing a seat belt. The accident was in no way your fault. Apart from not wearing your seat belt, you were obeying the laws of the road. Would you still be able to claim insurance money? Or would your lack of seat belt be considered contributory negligence?

It is important to know that North Carolina rejects what is known as the “seatbelt defense.” A case in 1968 (Miller v. Miller) ruled that failure to wear a seat belt might mean that the amount paid out could be lessened because your injuries could have been less substantial had you been wearing a seat belt. Again, no matter what, please be safe on the roads, and buckle up.

Oxner + Permar encourages all drivers to wear a seatbelt. If you have any questions regarding what constitutes contributory negligence in the instance in which a driver is not wearing a seatbelt, be sure to contact an attorney.