Law Is Not Of Faith

Law Is Not Of Faith

Insurance Bad Faith Lawyers Fight Insurance Companies in Serious Injury Auto Cases to Recover Uninsured Motorist Coverage

Given that in all too many auto accident cases the seriously injured find that the negligent driver was uninsured or underinsured, many drivers are purchasing “uninsured motorist coverage.” While the numbers of uninsured drivers has gone down as the result of requirements that drivers present their insurance information along with their drivers licenses when stopped for traffic violations, more and more carry only the “statutory minimum” $15/30,000 auto liability policies. If the client has been seriously injured, the negligent driver’s $15,000 policy limit per person will be woefully inadequate, even to pay a fraction of the medical bills, let alone the client’s general damages and past and future earnings losses. In addition to provide coverage where the other party is uninsured, Uninsured Motorist, UM coverage also covers the difference between the amount of the negligent driver’s policy and the policy limits of the UM coverage.

The insurance companies providing UM coverage will sometimes pay the full amount of the claim up to the limits of their policy; however, in many cases they will employ the tactics that those in auto accidents are too familiar, making unjustified offers to settle the claim for but a fraction of the amount due, telling their policy holders that its the last offer they will make, and then refraining from calling them back for months at a time. The insurance bad faith lawyer has a number of legal mechanisms to obtain the full policy limits, and obtain payment quickly. In California, one tool includes making at “Section 998″ statutory demand for the policy limits giving the insurance company 30 days to decide whether to pay. The client wins, one way or the other. If the insurance company pays the policy limits, then the client has obtained the full benefit of his coverage and quick payment. If the insurance company fails to pay within the 30 day time period, then it has “opened up its policy.” What that means is that if the uninsured motorist policy has a $250,000 limit, after the insurance company rejects the statutory demand for its policy, now the rights of the claimant against the insurance company are not limited to $250,000. If the seriously injured clients damages, including his general damages, pain and suffering and loss of enjoyment of life damages, his past and future medical expenses and past and future earnings losses are proven up in the millions of dollars, the insurance company will be liable to pay the full measure of damages.

Furthermore, where it can be demonstrated that the insurance company engaged in malice, oppression or fraud in its dealings with the insured, the insured may file a claim for punitive damages, meaning damages above compensatory damages, damages to punish or set an example of the defendant insurer. And often times the punitive damages awarded  by the jury will be a multiple of times greater than the award of compensatory damages.

About the Author

Ray Henke, Senior Pharmaceutical and Medical Fraud Trial Lawyer, the Henke Law Group. Mr. Henke has extensive experience both in pharmaceutical product liability litigation and in drug and medical fraud lawsuits. Visit them at: http://serious-injury-attorneys.com/

Should we have works and faith? or faith only?

Some one just posted a question and delelted it. This is my response.

Personally, I always like to ask how the “grace alone” folks work the parable of the sheep and the goats into their theology:

Matthew 25:31–46:

31″But when the Son of Man comes in his glory, and all the holy angels with him, then he will sit on the throne of his glory. 32Before him all the nations will be gathered, and he will separate them one from another, as a shepherd separates the sheep from the goats. 33He will set the sheep on his right hand, but the goats on the left. 34Then the King will tell those on his right hand, ‘Come, blessed of my Father, inherit the Kingdom prepared for you from the foundation of the world; 35for I was hungry, and you gave me food to eat. I was thirsty, and you gave me drink. I was a stranger, and you took me in. 36I was naked, and you clothed me. I was sick, and you visited me. I was in prison, and you came to me.’
37″Then the righteous will answer him, saying, ‘Lord, when did we see you hungry, and feed you; or thirsty, and give you a drink? 38When did we see you as a stranger, and take you in; or naked, and clothe you? 39When did we see you sick, or in prison, and come to you?’
40″The King will answer them, ‘Most certainly I tell you, inasmuch as you did it to one of the least of these my brothers, you did it to me.’ 41Then he will say also to those on the left hand, ‘Depart from me, you cursed, into the eternal fire which is prepared for the devil and his angels; 42for I was hungry, and you didn’t give me food to eat; I was thirsty, and you gave me no drink; 43I was a stranger, and you didn’t take me in; naked, and you didn’t clothe me; sick, and in prison, and you didn’t visit me.’
44″Then they will also answer, saying, ‘Lord, when did we see you hungry, or thirsty, or a stranger, or naked, or sick, or in prison, and didn’t help you?’
45″Then he will answer them, saying, ‘Most certainly I tell you, inasmuch as you didn’t do it to one of the least of these, you didn’t do it to me.’ 46These will go away into eternal punishment, but the righteous into eternal life.”

The Law Is Not of Faith: Essays on Works and Grace in the Mosaic Covenant £10.86 …

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