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Portner & Shure

Testmonials

Dear Mr.Ruby, Mr. Shure, Mrs. Horseman and Mrs. Linton: I would like to express my appreciation to your professional support and guidance during the 3 overwhelming years. I was involved in a car accident. Mr. Shure came to my home and provided assistance the day after the accident. Then, your paralegals, Sandy and Dawn assisted me on each steps and kept me updated. Mr. Ruby answered my questions and phone calls. He tried and settled my case successfully. Your team professional services is the key in the success of my case. I will recommend your firm to my friend Thanks again!

-Lisa Zhang
I got into a really bad car accident and had no clue what to do. Luckily I called Portner & Shure. Thanks to them I did not have to experience the stress of talking to the insurance company's, or the hassle of gathering additional information about my case. Portner & Shure did it all. They handled all of my medical bills, and even provided a convenient chiropractor that was amazing and made me feel like myself again. They also offered a settlement that I was very pleased with.The staff were friendly and respectful. My questions were answered promptly and in great detail. I felt like I was in good hands throughout the entire process Portner & Shure is top notch. They exceeded my expectations. I recommend this law firm to anyone who refuse to settle for less.. Thanks again Portner & Shure for making this tragic experience a stress-free process and providing a satisfying result.

Jessica Tabron, Montgomery County, MD
First of all I thank God to be alive and I thank you for helping me with my case. God bless you all. It was a great pleasure. Thanks.

Angel Regina Reyes de Hernandez
Pam Brown was the paralegal that was handling my case. She was wonderful. She was always pleasant to speak with on the phone and she always kept me updated on my case. I think her professionalism is a testament to the entire team of Portner and Shure. Thank you guys for everything. Jun Jie Liu

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VIRGINIA MEDICAL PAYMENTS PROVISIONS (Med-Pay)

Va. Code Annotated §38.2-124 (2009)

What is Virginia Med-Pay?

Medical Payments Provision or Med-Pay is part of your own insurance coverage. Virginia Code §38.2-124(b), 38.2-2201 indicates that Med-Pay is optional coverage.

Med-Pay is typically sold in increments of $1,000, $5,000, or $10,000. In the Commonwealth of Virginia you get to stack within a given policy, The Med-Pay limits for each motor vehicle on the policy. Virginia Code §38.2-2201(c). In other words, if you have two vehicles on your Nationwide policy with limits of $1,000, there is actually $2,000 of available Med-Pay coverage.

The Med-Pay policy says the carrier will pay up to the available coverage limits for reasonable medical expenses incurred for necessary treatment as a result of an injury suffered by the insured in their vehicle, or when they are an occupant in someone else’s vehicle. Virginia Code §38.2-2201(a)(1)(link). It also covers passengers hurt in the insured’s vehicle.

There is a deadline or submission of the Med-Pay claim. If you are in someone else’s vehicle when you are hurt, you must first look to the Med-Pay on that vehicle, and exhaust that coverage before going under your own insurance policy.

A Virginia case interpreting Med-Pay Benefits held that if you are driving a motorcycle, and claim Med-Pay, you are entitled to benefits. State Farm Automobile Insurance Company v. Seay, Record No. 870763, Supreme Court of Virginia, 236 Va 275.; 373 S.E. 2d 910; (1988)

OVERVIEW:
In affirming the judgment, the court held that the Va. Code Ann. §38.1.21 was incorporated by law into the insurance policy, and superseded the policy’s terms, Va. Code Ann. 38.1-343. Va. Code Ann.§38.1.21 stated that, once medical coverage was provided, it extended to an insured while in or upon a motor vehicle. In so ruling, the court noted that it had previously determined that the term “motor vehicle” was broad enough to encompass a motorcycle. Further, the court stated that, contrary to the trial court, Va. Code Ann. §38.1-380.1 did not mandate the same result, as the coverage under such statute was only available upon the specific “request” of an insured.

OUTCOME:
The court affirmed the judgment in favor of the insured in his action against the insurer for medical coverage under an automobile insurance policy.

Va. Code Ann. §38.2-124. (2009)

§ 38.2-124. Motor Vehicle

A. “Motor vehicle insurance” means insurance against:

1. Loss of or damage to motor vehicles, including trailers, semitrailers or other attachments designed for use in connection with motor vehicles, resulting from any cause, and against legal liability of the insured for loss or damage to the property of another resulting from the ownership, maintenance or use of motor vehicles and against loss, damage or expense incident to a claim of such liability; or

2. Legal liability of the insured, and liability arising under subsection A of §38.2-2206(underline) and against loss, damage, or expense incident of such liability, arising out of the death or injury of any person resulting from the ownership, maintenance or use of motor vehicles. Motor vehicle insurance does not include any class of insurance specified in §38.2-119.(underline)

B. Any policy of “motor vehicle insurance” covering legal liability of the insured under subdivision 2 of subsection A and covering liability arising out of subsection A of §38.2-2206 may include appropriate provisions obligating the insurer to pay to the covered injured person medical expense and loss of income benefits arising out of the death or injury of ay person, as set forth in subsection A of §38.2-2201(underline). Any such policy of motor vehicle insurance may include appropriate provisions obligating the insurer to pay weekly indemnity to other specific benefits to persons who are injured and specific death benefits to dependents, beneficiaries or personal representatives of persons who are killed, if the injury or death is caused by accident and sustained while in or upon, entering or alighting from, or through being struck by a motor vehicle while not occupying a motor vehicle. These provisions shall obligate the insurer to make payment regardless of any legal liability of the insured or any other person.

Va. Code Ann. §38.2-2201 (2009)

§38.2-2201. Provisions for payment of medical expense and loss of income benefits

A. Upon request of an insured, each insurer licensed in this Commonwealth issuing or delivering any policy or contract of bodily injury or property damage liability insurance covering liability arising from the ownership, maintenance or use of any motor vehicle shall provide on payment of the premium, as a minimum coverage (I) to personals occupying the insured motor vehicle; and (ii) to the named insured and, while resident of the named insured’s household, the spouse and relative of the named insured while in or upon, entering or alighting from or through being struck by a motor vehicle while not occupying a motor vehicle, the following health care and disability benefits for each accident:

1. All reasonable and necessary expenses for medical, chiropractic, hospital, dental, surgical, ambulance, prosthetic and rehabilitation services, funeral expenses, resulting from the accident and incurred withing three years after the date of the accident, up to $2,000 per person; however, if the insured does not elect to purchase such limit the insurer and insured may agree to any other limit;

2. If the person is usually engaged in a remunerative occupation, an amount equal to the loss of income incurred after the accident resulting from injuries received in the accident up to $100 per week during the period from the first workday lost as a result of the accident up to the date the person is able to return to his usual occupation. However, the period shall not extend beyond one year from the date of the accident; and

3. An expense described in subdivision 1 shall be deemed to have been incurred:

a. If the insured is directly responsible for payment of the expense;

b. If the expense is paid by (I) a health care insurer pursuant to a negotiated contract with the health care provider or (ii) Medicaid or Medicare, where the actual payment with reference to the medical bill rendered by the provider is less than or equal to the provider’s usual and customary fee, in the amount of the actual payment; however, if the insured is required to make a payment in addition to the actual payment by the health care insured or Medicaid or Medicare, the amount shall be increased by the payment made by the insured;

c. If no medical bill is rendered or specific charge made by a health care provider to the insured, an insurer, or any other person, in the amount of the usual and customary fee charged in that community for the service rendered.

B. The insured has the option of purchasing either or both of the coverages set forth in subdivisions 1 and 2 of subsection A of this section. Either or both of the coverages, as well as any other medical expense or loss of income coverage under any policy of automobile liability insurance, shall be payable to the covered injured person notwithstanding the failure or refusal of the named insured or other person entitled to the coverage to give notice to the insurer of an accident as soon as practicable under the terms of the policy, except where the failure or refusal prejudices the insurer in establishing the validity of the claim.

C. In any policy of personal automobile insurance in which the insured has purchased coverage under subsection A of this section, every insurer providing such coverage arising from the ownership, maintenance or use of no more than four motor vehicles shall be liable to pay up to the maximum policy limit available on every motor vehicle insured under that coverage if the health care or disability expenses and costs mentioned in subsection A of this section exceed the limits coverage for any one motor vehicle so insured.

Accident Lawyers in Maryland, Virginia & Washington DC

For over fifteen years the attorneys at Portner & Shure have been representing victims injured in automobile accidents. You may request a free consultation with our personal injury accident lawyers in Maryland, Virginia & Washington D.C., to make sure you get the benefits you are entitled to.

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