Latest / Ask the Lawyer / 08/14/2025 Ask the Lawyer with Tom Peyton

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08/14/2025 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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  Speaker 1: Unlock your dream property with Meex Realty Group, where rich
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  Speaker 1: residential or commercial. We've got Charleston to Huntington covered. Your
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  Speaker 1: key to exceptional real estate experience is start here Meeks
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  Speaker 1: Realty Group Contact us at Meeks dot us.
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  Speaker 2: The views and opinions expressed on this program do not
• 0:18
  Speaker 2: necessarily reflect the views and opinions of five eight wchs
• 0:22
  Speaker 2: it's employees or WVRC Media O Courts.
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  Speaker 3: Oh created equal. When nass come here to Kapony.
• 0:37
  Speaker 2: Can rock, you can put the power of Paton on
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  Speaker 2: your side. This morning, Tom Peyton in studio with us
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  Speaker 2: three zero four three four five fifty eight fifty eight
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  Speaker 2: three zero four three four five fifty eight fifty eight
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  Speaker 2: four Ask the lawyer with Tom Payton from the Paton
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  Speaker 2: Law Firm online, Payton Lawfirm dot com. P E Y
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  Speaker 2: T O N. Tom. Good morning. How are you doing
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  Speaker 2: this morning?
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  Speaker 3: I'm doing great.
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  Speaker 2: How are you del I'm doing very well. It's uh,
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  Speaker 2: it's a uh. We've taken a step back from the
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  Speaker 2: temperatures a little bit, so we're not getting you know,
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  Speaker 2: the ninety fives anyway.
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  Speaker 3: Well, I heard you doing traffic this morning.
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  Speaker 2: I'm doing a little bit of everything.
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  Speaker 3: Yeah, you didn't have the I thought you just had
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  Speaker 3: like a pre recording of the Who's the person that
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  Speaker 3: usually does traffic.
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  Speaker 2: Uh, Chapel usually Iran.
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  Speaker 3: Yeah, okay, she just has I think a uh it's
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  Speaker 3: just a sound bite about exit fifty Virginia Street.
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  Speaker 2: Xcent fifty right, that's yeah. Yeah, I figure that people
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  Speaker 2: know if I just say congestion, that that's what it is.
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  Speaker 3: But maybe should do traffic more. There was hardly any
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  Speaker 3: traffic this morning.
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  Speaker 2: I had to fill in this morning because there's a
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  Speaker 2: special event going on with the station that Chapel works for,
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  Speaker 2: and she had to and she had to dial in
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  Speaker 2: on that this morning. So I was doing traffic this morning.
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  Speaker 2: I actually forgot it.
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  Speaker 3: And Virginia Street exit was smooth.
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  Speaker 2: It was the most uneventful traffic I've ever done. There
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  Speaker 2: was nothing going on. I like that. That makes it
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  Speaker 2: a lot easier.
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  Speaker 3: Are you in charge the rest of the day at traffing?
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  Speaker 2: Well, let's see, no, Ryan will be back this afternoon. Tray.
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  Speaker 3: Yeah, that's a yeah, that's a morning thing, I guess afternoon, Yeah,
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  Speaker 3: exactly exactly. Anyway, he did an excellent job and to
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  Speaker 3: the extent that has any control on the track. It was, hey, plus.
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  Speaker 2: Give me credit, man to take you give me credit
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  Speaker 2: for something. I'll take your credit for something.
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  Speaker 4: Though.
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  Speaker 2: That's not so bad.
• 2:13
  Speaker 3: Glad to be here today. I heard was it the
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  Speaker 3: Also on Tuesday, I was traveling to Spencer and Roon
• 2:23
  Speaker 3: County had of hearing at nine am up there and
• 2:25
  Speaker 3: so I got a chance to listen to the show.
• 2:29
  Speaker 3: They asked the expert show and also I think Tuesday
• 2:34
  Speaker 3: was the that was the fortieth forty. Now that's Metro News.
• 2:39
  Speaker 3: What about five eighty w c each.
• 2:41
  Speaker 2: We will be celebrating our one hundredth anniversary in twenty
• 2:44
  Speaker 2: twenty seven. November of twenty twenty seven will be our
• 2:46
  Speaker 2: one hundredth anniversary.
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  Speaker 3: All right, good, Well, we've been here at least the
• 2:50
  Speaker 3: majority of the time dev Metro News has been around,
• 2:53
  Speaker 3: because we've been doing the show since maybe end of
• 2:58
  Speaker 3: ninety eight, beginning of ninety nine and every Thursday. But
• 3:03
  Speaker 3: I did want to, you know, take a moment because
• 3:05
  Speaker 3: I know a lot of it's been good to us.
• 3:10
  Speaker 3: So we wouldn't be here doing advertising and our course,
• 3:13
  Speaker 3: we like doing the show. Every Thursday because we like
• 3:16
  Speaker 3: to talk, probably and and it gives me a break
• 3:19
  Speaker 3: from the office. I like coming out here and coming
• 3:22
  Speaker 3: to hint in town in the morning and answering folks
• 3:24
  Speaker 3: questions when I have time without having to do a
• 3:27
  Speaker 3: lot of things all at once to distract you. But uh, uh,
• 3:32
  Speaker 3: you know, so we've been doing it twenty five going on.
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  Speaker 3: What we've been doing a twenty six years, I guess
• 3:39
  Speaker 3: every Thursday, but but I just wanted to echo what
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  Speaker 3: was really said on Tuesday. It's it's really is about
• 3:46
  Speaker 3: the people, you know. And we've we've of course, we've
• 3:49
  Speaker 3: we've done some work with Matriny He's not just locally.
• 3:53
  Speaker 3: We're kind of we have not as much lately, but
• 3:55
  Speaker 3: we have kind of been the uh unofficial uh legal
• 4:00
  Speaker 3: angle opinion for Hoppy would have us on from time
• 4:03
  Speaker 3: to time, and then we did the pretty much every
• 4:10
  Speaker 3: day during the Blankenship trial, either Dad or I attended
• 4:13
  Speaker 3: for some period of the trial, and then we would
• 4:14
  Speaker 3: pop out during statewide and get on the horn with
• 4:21
  Speaker 3: Hoppy and do a little update on what was going
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  Speaker 3: on with the trial, which was interesting, although yeah, it
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  Speaker 3: was a long trial and not all what was really
• 4:32
  Speaker 3: exciting in the long run, right, Well, I just wanted
• 4:34
  Speaker 3: to comminate, you know, everybody, the longevity of staff is important.
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  Speaker 3: Everybody treats us well around here. It's professional. So I just
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  Speaker 3: wanted to echo what was said really on Tuesday and
• 4:45
  Speaker 3: compliment everybody at WV Metro News for doing a great
• 4:50
  Speaker 3: job over the years. And I guess we're just the
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  Speaker 3: five eighty station for this show, but we've done a
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  Speaker 3: lot of work here and there over the years with
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  Speaker 3: statewide and it's been good to us. We wouldn't still
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  Speaker 3: be here doing it twenty some years later, so hopefully
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  Speaker 3: we'll keep it going.
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  Speaker 2: Yeah, we actually appreciate it. And on five ad B
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  Speaker 2: in the flagship for Metro News, it's alure's a lot
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  Speaker 2: of crossover there, so there's definitely a lot of stuff
• 5:12
  Speaker 2: that's been there. And just briefly, Metro News is something
• 5:15
  Speaker 2: that's a bit of a unicorn. I've lived in I
• 5:18
  Speaker 2: don't know, five different states, different regions across the United States.
• 5:22
  Speaker 2: Say what network that's that's locally owned is very rare.
• 5:26
  Speaker 2: It was very rare even twenty years ago. It's even
• 5:27
  Speaker 2: more rare today. You know there these are it's West
• 5:30
  Speaker 2: Virginia News being brought to you by West Virginians from
• 5:33
  Speaker 2: equipment that was purchased not in West Virginia, but by
• 5:35
  Speaker 2: West Virginians. The end of the whole thing is basically
• 5:37
  Speaker 2: a small business run out of West Virginia, and that's
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  Speaker 2: very unusual in the media space.
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  Speaker 3: Yeah, and the long term guys that have been are based
• 5:44
  Speaker 3: in Charleston, like Chris Lawrence, and we also sponsored his
• 5:49
  Speaker 3: Western Outdoors show at least here on this channel every
• 5:53
  Speaker 3: Saturday morning, which we we love doing that because that's
• 5:55
  Speaker 3: right up our alley there, hunting and fishing. And I
• 6:00
  Speaker 3: don't know when and then Jeff Jenkins, I just don't
• 6:03
  Speaker 3: know when they sleep, because Chris is here in the
• 6:05
  Speaker 3: morning when we get here. Jeff's here in the morning
• 6:06
  Speaker 3: when we get here. And when it gets into football
• 6:09
  Speaker 3: and basketball season, you'll hear those same guys doing play
• 6:12
  Speaker 3: by play on the either the streaming broadcast now or
• 6:16
  Speaker 3: the of course the radio broadcast for the high school
• 6:18
  Speaker 3: sports and those go late.
• 6:20
  Speaker 2: That's true, man.
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  Speaker 3: They they must have a hyperbaric chamber back here to
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  Speaker 3: let you go in and get rejuvenated in an hour
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  Speaker 3: or something.
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  Speaker 2: Massive. Respect, there's no doubt about that.
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  Speaker 3: Yeah, they're they're pros, they're good. But we're glad to
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  Speaker 3: be a part of it and glad to be here today.
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  Speaker 3: I also listening to the the news this morning. We
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  Speaker 3: had Paul Hardesty on the who's the president of the
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  Speaker 3: state Board of Education. Yes, yeah, and so he was
• 6:47
  Speaker 3: a I guess he gave a little talk at the
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  Speaker 3: beginning of their meeting. Was here yesterday or the day before.
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  Speaker 3: But we have an interesting you know, you have the
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  Speaker 3: we talked about a little bit and a few weeks
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  Speaker 3: ago this if you recall that there was some it
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  Speaker 3: was a bill in a session in the legislative session
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  Speaker 3: trying to which would have provided had various forms, but
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  Speaker 3: it would have provided exemptions to the mandatory additional exemptions
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  Speaker 3: to the mandatory immunization for children to attend public schools.
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  Speaker 3: And as the law stood going into the session and
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  Speaker 3: I read it, but there's a medical exemption. It requires
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  Speaker 3: like a real licensed professional. I mean, some people have
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  Speaker 3: allergies or other issues that make they know immunizations will
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  Speaker 3: give them a side effect that's unsafe, and so they
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  Speaker 3: can get an exemption. And then of course, going through
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  Speaker 3: the legislature or bills that would allow religious exemptions or
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  Speaker 3: philosophical exemptions, which essentially means if you don't want to
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  Speaker 3: get vaccinated or your parents don't want you to, because three, four, five,
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  Speaker 3: six year olds don't make their own decisions, obviously, then
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  Speaker 3: you get out of the mandatory vaccination. So governing and
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  Speaker 3: so that bill didn't pass, It didn't pass at all
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  Speaker 3: in any form. And surely after the session, Governor Morsey decided, well,
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  Speaker 3: that's I'm in an executive order saying that there's a
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  Speaker 3: there's a separate statute that's general about religious freedom that
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  Speaker 3: was passed maybe two three years ago, does not address
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  Speaker 3: specific anything about vaccines specifically, as I recall, but he
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  Speaker 3: decided to interpret that or his administration that that means
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  Speaker 3: that there's a religious exemption under that law, or that
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  Speaker 3: law provides an individual the right to opt out of
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  Speaker 3: mandatory imanizations based on religious reasons. And and but the
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  Speaker 3: law is still in the books, it's more specific about
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  Speaker 3: mandatory organizations and and so you had a conflict there.
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  Speaker 3: And so initially I think the maybe the executive director
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  Speaker 3: of the State Board of Education sent out a memos.
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  Speaker 2: You know, we.
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  Speaker 3: Despite what the governor's executive order says, we're going by
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  Speaker 3: the specific law that addresses this issue. And then all
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  Speaker 3: it was all kinds of grandstanding I think by the
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  Speaker 3: Governor's office, and then that memo was rescinded. But then
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  Speaker 3: ultimately I think the State Board of Education is took
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  Speaker 3: the position that the more specific law applies versus Governor
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  Speaker 3: Morris's interpretation of the executive order. Well, here come the lawsuits,
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  Speaker 3: of course, to settle it, which is, I suppose you
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  Speaker 3: have a conflict in the in the statutes there, and
• 9:55
  Speaker 3: so someone found a laws so I think in the
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  Speaker 3: Circuit Court of Raleigh County, and then there was an
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  Speaker 3: injunction order entered, meaning you basically preliminarily ruling in favor
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  Speaker 3: of the parent who didn't want their child to be
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  Speaker 3: immunized based on religious reasons. And so that's that's in
• 10:14
  Speaker 3: place right now, but it's being appealed and it's going
• 10:20
  Speaker 3: to go through the court system, and then we'll have
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  Speaker 3: an answer. I mean, that's how you get answers to
• 10:26
  Speaker 3: legal questions. They filter up and then once our Western
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  Speaker 3: Supreme Court of Appeals decides that that's going to be
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  Speaker 3: the law of the land in West Virginia, and we'll
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  Speaker 3: we'll know here before too long what the law is.
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  Speaker 3: But well, it was interesting going back to Paul Hartesty,
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  Speaker 3: you made a little statement because of course Governor Morsey,
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  Speaker 3: with his modus operandi, began name calling as a part
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  Speaker 3: of the process, which is I think over and over
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  Speaker 3: again calling State Board of Education unelected bureaucrats, which of
• 10:56
  Speaker 3: course they aren't elected. I don't know what their bureau
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  Speaker 3: And it was certainly a derogatory, uh label for the
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  Speaker 3: members of the State Board of Education. So Paul Hardsty
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  Speaker 3: I give him a lot of credit for this. He's
• 11:13
  Speaker 3: made a statement at the beginning, like you know, where
• 11:15
  Speaker 3: he takes offense to to that he's a public servant.
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  Speaker 3: He doesn't have to be on the State Board of Education.
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  Speaker 3: I'm sure he's he's done well professionally, otherwise I can't
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  Speaker 3: be an easy job. And I kind of labeled him
• 11:30
  Speaker 3: as the grown up in the room because we're gonna
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  Speaker 3: he said, we're gonna abide by whatever the court's decide,
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  Speaker 3: but we don't need to be calling each other names
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  Speaker 3: and derogatory terms. And I just thought that was refreshing
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  Speaker 3: to hear, and and it's gonna filter through the court system.
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  Speaker 3: And he said, you know, whatever, the decision is by
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  Speaker 3: the highest court that governs our state. State Board of
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  Speaker 3: Education is going to abide by it, and that's it.
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  Speaker 3: But it was refreshing to hear somebody push back a
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  Speaker 3: little bit on thiss. What I have noticed over the
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  Speaker 3: last ten years of this childish behavior from politicians and
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  Speaker 3: I don't know, baby, in this day of mass information
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  Speaker 3: that appeals to people just turns me off. And of
• 12:14
  Speaker 3: course we've gotten conditioned to it now. I mean ten
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  Speaker 3: years ago it would have been headlines. Some of the
• 12:20
  Speaker 3: things that these politicians say that are just absolutely childish
• 12:23
  Speaker 3: and unprofessional. And I think labeling public servants who you
• 12:29
  Speaker 3: know are perhaps taking a pay cut to do that job,
• 12:34
  Speaker 3: might be are well qualified to do that job, which
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  Speaker 3: is who you want, and they aren't. They aren't. They
• 12:39
  Speaker 3: are unelected, but they are appointed by at least nominated
• 12:44
  Speaker 3: by the governor and then confirmed by the I think
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  Speaker 3: the Senate, or at least.
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  Speaker 2: Which is how we work in a representative democracy. You
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  Speaker 2: have appointments and different things like that. Not everything is
• 12:52
  Speaker 2: a straight election. My suggestion to the governor would be,
• 12:56
  Speaker 2: if he thinks that voting is the answer for everything,
• 12:58
  Speaker 2: then we should just vote on all of his initiatives.
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  Speaker 2: Let's see how they go. Yeah, but you can't, I know,
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  Speaker 2: that's what I'm saying. I mean, not everything could be allowed.
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  Speaker 3: That they Politicians generally want things to be voted on
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  Speaker 3: that they think will pass, and then they don't leave
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  Speaker 3: it to the voters for things that they think they
• 13:14
  Speaker 3: know better than everybody else. And there's something to that
• 13:17
  Speaker 3: because you know, we all of us non politicians that
• 13:21
  Speaker 3: are working every day and trying to make a living.
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  Speaker 3: You know, you don't there's technical issues. There are a
• 13:25
  Speaker 3: lot of things that everybody can't research and know about,
• 13:29
  Speaker 3: and so you have to rely and trust your elected
• 13:31
  Speaker 3: officials to take into account the reliable information and make
• 13:36
  Speaker 3: good informed decisions. I don't know that we see a
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  Speaker 3: whole lot, but you know that's the point, is that
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  Speaker 3: the State Board of Education should be, to the extent
• 13:45
  Speaker 3: possible a political And of course that devetails into what
• 13:51
  Speaker 3: the legislature did this session, which is, you know, require
• 13:54
  Speaker 3: that was a reference, let the people vote on it.
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  Speaker 3: And there's a referendum a few years ago to it
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  Speaker 3: men the state constitution to allow the legislature to have
• 14:03
  Speaker 3: oversight over the rules and regulations passed by the State
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  Speaker 3: Board of Education, and that failed, the voters turned it down.
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  Speaker 3: So then what did the legislature do. Wait a couple
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  Speaker 3: of years, and then they just passed a statute and
• 14:16
  Speaker 3: said exactly the same thing that they couldn't alter in
• 14:18
  Speaker 3: the constitution. So now we got that one's going up
• 14:20
  Speaker 3: to the to the court too, because the legislature has,
• 14:26
  Speaker 3: I guess to me, attempted some kind of warped interpretation
• 14:32
  Speaker 3: of the constitution, which it's in the constitution. I don't
• 14:36
  Speaker 3: have the language in front of me that you know,
• 14:37
  Speaker 3: essentially gives the details of the governing the public school
• 14:41
  Speaker 3: system to State Board of Education. Now it does say
• 14:44
  Speaker 3: the legislature's overall responsible generally for it, like allocating funds,
• 14:50
  Speaker 3: things like that. But so that one's filtering through the
• 14:53
  Speaker 3: system too, And I'm sure maybe Governor Morsey will use
• 14:56
  Speaker 3: that same label to criticize the State Board of Education,
• 15:00
  Speaker 3: although he would have to also be, by implication, criticizing
• 15:03
  Speaker 3: the voters who voted down the legislature overseeing we're approving
• 15:10
  Speaker 3: the regulations or rules enacted by the State Board of Education.
• 15:14
  Speaker 3: And the whole point is that you you know, these
• 15:18
  Speaker 3: folks are to have some expertise, and they're not be
• 15:21
  Speaker 3: worrying about are they going to get elected next year
• 15:24
  Speaker 3: or the year after, and then making decisions about kids
• 15:26
  Speaker 3: education based on how it will affect constituents or how
• 15:31
  Speaker 3: they can spin it in the public so they can
• 15:33
  Speaker 3: maybe even go to a higher office somewhere else. So
• 15:36
  Speaker 3: I thought that was refreshing to hear the actual sand
• 15:38
  Speaker 3: Bite was playing. Paul Hardesty was playing playing this morning,
• 15:43
  Speaker 3: and it was good. He I think he should run
• 15:47
  Speaker 3: for governor. He's probably too smart for that. But anyway,
• 15:52
  Speaker 3: so we're and then listening Tuesday as well, you had
• 15:56
  Speaker 3: I was listening to asked the expert, and we had
• 15:59
  Speaker 3: you had Is it Don Wilson with UH Capital Insurance Group, Yeah,
• 16:03
  Speaker 3: Capital Insurance Group, which she was good. And you know,
• 16:05
  Speaker 3: I was listening to him explain some aspects of automobile
• 16:08
  Speaker 3: insurance which I have interested in, and he was he
• 16:11
  Speaker 3: was accurate. I thought, But it's kind of good for
• 16:15
  Speaker 3: everybody to have a little refresher from time to time,
• 16:17
  Speaker 3: and because a lot of people are buying insurance on
• 16:20
  Speaker 3: the internet now and or you know, at least calling
• 16:25
  Speaker 3: in or online, and and the old days of visiting
• 16:29
  Speaker 3: your local insurance agent are still still available, and I
• 16:32
  Speaker 3: encourage that go find a local agent like Don Wilson
• 16:36
  Speaker 3: he was talking about. He's an independent agent, so he
• 16:38
  Speaker 3: can take in your situation and then he can, you know,
• 16:43
  Speaker 3: seek coverage from various insurance company. He's not a captive agent.
• 16:47
  Speaker 3: I don't know that there's a whole lot of cap
• 16:49
  Speaker 3: I think state farm or captive agents. So if you
• 16:51
  Speaker 3: go to a state and state Farm has a lot
• 16:52
  Speaker 3: of lines of coverage, so I'm not criticizing that, But
• 16:55
  Speaker 3: when you go to a state farm agent, I think
• 16:57
  Speaker 3: you're I think you're limited to state farm insurance products.
• 17:01
  Speaker 3: But if you go I know, like nationwide agents, at
• 17:03
  Speaker 3: least have a friend who Shenandin and Nitro. He I
• 17:07
  Speaker 3: know he can market to other uh. Even though he's
• 17:10
  Speaker 3: got the nationwide flag at his office and has for
• 17:14
  Speaker 3: probably decades. UH, he does have the ability to market
• 17:17
  Speaker 3: to other insurance carriers and select insurance. But it's always good,
• 17:22
  Speaker 3: I think to go in person and have an agent
• 17:25
  Speaker 3: spend some time with you, tell them your situation. And
• 17:28
  Speaker 3: of course there are salespeople in a way, but well
• 17:31
  Speaker 3: they are salespeople. I mean, if you have a claim,
• 17:33
  Speaker 3: you can report it through them, but then you'll notice
• 17:36
  Speaker 3: frustration sometimes even with your agent. My experience is they
• 17:40
  Speaker 3: generally want the claims paid because they're the ones on
• 17:42
  Speaker 3: the front lines dealing with your customer. But it's out
• 17:44
  Speaker 3: of their hands really once, once there's a claims made,
• 17:47
  Speaker 3: it goes to a different different uh, different agency or
• 17:51
  Speaker 3: a part of the company the adjusting underwriting. It's not
• 17:55
  Speaker 3: it's out of underwriting and into adjusting at that point.
• 17:57
  Speaker 3: But for insurance coverage, you know, it's interesting to hear
• 18:00
  Speaker 3: talk about you know, we used to be twenty forty
• 18:03
  Speaker 3: ten where her automobile insurance limits and that he was explaining,
• 18:07
  Speaker 3: So twenty forty ten was changed probably ten years ago
• 18:12
  Speaker 3: to twenty five fifty twenty five. What's that mean? So
• 18:17
  Speaker 3: that's the minimum limits of insurance coverage you must have
• 18:20
  Speaker 3: to own and operate a vehicle on the road in
• 18:24
  Speaker 3: West Virginia and the twenty five thousand and this is
• 18:27
  Speaker 3: to protect you generally, at least the liability portion is
• 18:33
  Speaker 3: to protect you and your family or anybody you give
• 18:36
  Speaker 3: permission to or has permission to operate your vehicle. They're
• 18:38
  Speaker 3: covered by your pulse that covers your vehicle. Like if
• 18:41
  Speaker 3: I said, yeah, you can drive my car around there
• 18:44
  Speaker 3: and go pick up a pop or something, and then
• 18:46
  Speaker 3: you rear in somebody, My coverage will apply first because
• 18:51
  Speaker 3: it's on the vehicle, even though I had wasn't at fault,
• 18:54
  Speaker 3: un list, I knew you had a problem, and let
• 18:56
  Speaker 3: you drive my car. You're drunk, and I say, go
• 18:58
  Speaker 3: drive around the corner, and then that there's probably fault
• 19:00
  Speaker 3: on me. But you're a good safe driver. He just
• 19:04
  Speaker 3: had an accident, So my coverage would kick in. Now,
• 19:07
  Speaker 3: if you hurt a person and then we get sued
• 19:12
  Speaker 3: and I only have the twenty five minimum limits, that's
• 19:17
  Speaker 3: all there is under my insurance to cover that person's damages,
• 19:20
  Speaker 3: And so it can be things like medical bills, loss wages,
• 19:23
  Speaker 3: pain and suffering. And if the person you hit, you know,
• 19:32
  Speaker 3: has two hundred thousand dollars in medical bills, is disabled
• 19:35
  Speaker 3: for a period of time, you know they're they're desperate
• 19:38
  Speaker 3: at that point. They need help because they're they and
• 19:41
  Speaker 3: their family are probably in financial crisis and dealing with
• 19:44
  Speaker 3: a tough situation. And say, all right, well let's see
• 19:46
  Speaker 3: what mister Peyton has for insurance. Well, he's only got
• 19:49
  Speaker 3: twenty five thousand dollars in coverage. Oh, well, the insurance
• 19:55
  Speaker 3: company will only pay that twenty five thousand dollars if
• 20:00
  Speaker 3: the person that's hurt one signs of release letting me
• 20:04
  Speaker 3: off the hook. Like they have to accept the twenty
• 20:06
  Speaker 3: five thousand dollars and go away as far as I'm concerned.
• 20:10
  Speaker 3: So if you have, if that person is seriously injured,
• 20:15
  Speaker 3: and me, I have some assets, and then that person's
• 20:24
  Speaker 3: going to get a lawyer or they should because they're
• 20:27
  Speaker 3: at a life changing event. And if they're hurt that bad,
• 20:33
  Speaker 3: they're not going to accept twenty five thousand dollars and
• 20:36
  Speaker 3: go away. Like I said, no, no, no, we're not going
• 20:38
  Speaker 3: to take that twenty five thousand dollars. We're just going
• 20:40
  Speaker 3: to sue. And then well, unless mister Peyton wants to
• 20:45
  Speaker 3: put in some of his impersonal money. Hey, if he'll
• 20:48
  Speaker 3: pay us an extra five hundred thousand dollars himself, then
• 20:50
  Speaker 3: we'll sign a release. Otherwise you get in a lawsuit
• 20:54
  Speaker 3: and that's where you're asked. Sets are exposed, and people
• 21:02
  Speaker 3: talk about trust and titling things, other people's names and
• 21:05
  Speaker 3: stuff that that works. Sometimes not very often when somebody's
• 21:11
  Speaker 3: hurt really bad, because if they have a lawyer knows
• 21:14
  Speaker 3: what they're doing for the injured person, and they're hurt
• 21:17
  Speaker 3: really bad, they're not going to leave any stone unturned.
• 21:21
  Speaker 3: So they're gonna foul lawsuit where they have the power
• 21:25
  Speaker 3: subpoena and they can make you come in and answer
• 21:27
  Speaker 3: questions about your assets and things like that. And if
• 21:29
  Speaker 3: you've got to trust or some don some weird things
• 21:31
  Speaker 3: to try and put your assets in another person's name
• 21:35
  Speaker 3: in the face of that kind of claim, then they're
• 21:37
  Speaker 3: going to find find that money and it's just going
• 21:39
  Speaker 3: to be problem unless file bankruptcy. You're exposed. Then Now
• 21:45
  Speaker 3: I will say that in West Virginia, your autobile insurance
• 21:48
  Speaker 3: company has a duty to defend you no matter what
• 21:51
  Speaker 3: until they pay that twenty five grand out which they
• 21:53
  Speaker 3: can't pay unless the hurt person signs a release. You'll
• 21:57
  Speaker 3: always have a lawyer to defend you because they have to.
• 22:01
  Speaker 3: Even if the cost to have a lawyer to defend
• 22:05
  Speaker 3: you is two hundred thousand dollars, the insurance carrier still
• 22:10
  Speaker 3: has to pay that despite the fact you only have
• 22:12
  Speaker 3: twenty five thousand dollars in coverage. Yeah, so you will
• 22:14
  Speaker 3: get a lawyer to defend you. But as soon as
• 22:17
  Speaker 3: my insurance company pays that twenty five grand, that lawyer's out.
• 22:23
  Speaker 3: So if you if you lose your case and there's
• 22:25
  Speaker 3: a judgment for two million dollars against me, then my
• 22:28
  Speaker 3: insurance company will pay that twenty five grand against that judgment.
• 22:31
  Speaker 3: And then they're they're done. And then here we go
• 22:34
  Speaker 3: with collection efforts where your wages could be garnished, your
• 22:38
  Speaker 3: bank accounts could be attached, all of your land could
• 22:41
  Speaker 3: have loans placed on it. So that's the minimum twenty
• 22:47
  Speaker 3: five thousand dollars, which I think Dom was saying he
• 22:50
  Speaker 3: doesn't even he starts with one hundred right with his
• 22:53
  Speaker 3: which I think is a good good practice. I mean,
• 22:56
  Speaker 3: if somebody says, no, I just want absolute cheap, obviously,
• 23:00
  Speaker 3: adjusting your coverage limits will adjust your premiums, you'd be
• 23:06
  Speaker 3: surprised it's not that much more to get some extra
• 23:09
  Speaker 3: coverage coverage. But that's where you hear the twenty five
• 23:11
  Speaker 3: thousand dollars. Then fifty is the middle number. That's the
• 23:15
  Speaker 3: minimum that means per accident. So same scenario I just
• 23:20
  Speaker 3: set forth there, except let's say there were four people
• 23:23
  Speaker 3: in that vehicle that were rear ended and they were
• 23:26
  Speaker 3: all hurt, then no one person can get more than
• 23:31
  Speaker 3: twenty five thousand dollars because that's the per person limit.
• 23:35
  Speaker 3: But everybody in that vehicle that was hurt combined, your
• 23:40
  Speaker 3: insurance company won't pay more than fifty for any of them.
• 23:43
  Speaker 3: So let's say I had five people in the vehicle
• 23:45
  Speaker 3: and they're all hurt equally, or they agree to divide it,
• 23:49
  Speaker 3: there's only fifty thousand dollars to spread between all five
• 23:52
  Speaker 3: of those people to in granting game in grand. Then
• 23:54
  Speaker 3: the final twenty five is the property damage. So that's
• 23:58
  Speaker 3: in that same scenario, obviously you've totaled or damaged their car.
• 24:03
  Speaker 3: Let's say it's total and it's a electric commer or
• 24:07
  Speaker 3: something who knows, but you know car you at eighty
• 24:11
  Speaker 3: nine thousand dollars. Car today is not uncommon on the road,
• 24:15
  Speaker 3: and so if you have the minimums, there's only twenty
• 24:19
  Speaker 3: five thousand dollars there to pay to fix that vehicle
• 24:24
  Speaker 3: or to replace that vehicle, and they can just say no,
• 24:27
  Speaker 3: and here comes the lawsuit again for the very same reason.
• 24:30
  Speaker 3: So I agree with Don that if you you check
• 24:35
  Speaker 3: out the prices and talk to your local agent about it,
• 24:38
  Speaker 3: But really starting at one hundred three hundred hundred is
• 24:44
  Speaker 3: is the lowest safe limit I think in West Virginia.
• 24:46
  Speaker 3: It depends on your on your on your finances obviously,
• 24:53
  Speaker 3: that's you know, everybody hopes that scenario won't happen to
• 24:56
  Speaker 3: them and if it, if it doesn't, you're fine. And
• 24:58
  Speaker 3: that's why it's kind of hard to prioritize paying extra
• 25:04
  Speaker 3: for a little extra coverage because you just don't know
• 25:06
  Speaker 3: when you're going to be in a wreck and well,
• 25:08
  Speaker 3: never happened. It's that's right, and so it's now you
• 25:14
  Speaker 3: can protect yourself in West Virginia. So every it's also
• 25:19
  Speaker 3: mandatory that everyone had uninsured motorist coverage, so you have
• 25:26
  Speaker 3: to have that at least at the minimum levels as well.
• 25:29
  Speaker 3: That way, if I did not have coverage on my
• 25:33
  Speaker 3: vehicle and I hit someone and they had a policy,
• 25:41
  Speaker 3: that's uninsured coverage, so that their own insurance company would
• 25:44
  Speaker 3: essentially step into my insurance company's shoes, so to speak,
• 25:47
  Speaker 3: and then pay that claim out the twenty five grand
• 25:52
  Speaker 3: or whatever limits you have, so you can you can
• 25:54
  Speaker 3: protect yourself from uninsured drivers by increasing those uninsured motorist
• 25:59
  Speaker 3: limits that we have. Some it is it responsible and
• 26:02
  Speaker 3: doesn't have insurance, hits you or your family. You still
• 26:06
  Speaker 3: have coverage for that, and it's the same minimum requirements
• 26:10
  Speaker 3: that you have for regular liability insurance. So and there's
• 26:15
  Speaker 3: my clients end up having uninsured motorists claims. Are frustrated because, well,
• 26:18
  Speaker 3: how is this person getting off scot free that that
• 26:22
  Speaker 3: didn't have insurance and was just negligent and wouldn't respond.
• 26:25
  Speaker 3: We tried to call them and ask them about it.
• 26:28
  Speaker 3: There are consequences for uninsured drivers. There's a most insurance
• 26:32
  Speaker 3: companies when they pay an uninsured claim will also report
• 26:36
  Speaker 3: that driver who didn't have insurance to DMV and there's
• 26:40
  Speaker 3: a licensed suspension aspect of the law. Your insurance company
• 26:47
  Speaker 3: also has the ability to two weird legal words subrogation.
• 26:54
  Speaker 3: But essentially, if your insurance company pays you uninsured motorists
• 26:58
  Speaker 3: coverage of say one hundred dollars, they can step into
• 27:02
  Speaker 3: your shoes, so to speak, and then go after the
• 27:05
  Speaker 3: person that did not have insurance to get their money back.
• 27:09
  Speaker 3: And that it happens more than you would think they
• 27:12
  Speaker 3: You know, you and I probably wouldn't spend the money
• 27:16
  Speaker 3: to do that because the the amount of time we'd
• 27:19
  Speaker 3: put into it. There's no you might win a judgment,
• 27:23
  Speaker 3: but the chance of actually getting money out of somebody
• 27:26
  Speaker 3: that was uninsured, didn't even have insurance.
• 27:29
  Speaker 2: Probably uninsured for a reason.
• 27:30
  Speaker 3: Yeah, I mean, it's your odds aren't great. But when
• 27:33
  Speaker 3: you have really big insurance companies, it's kind of a
• 27:36
  Speaker 3: cost of doing business. And they I've seen them kind
• 27:39
  Speaker 3: of package those claims together and then they certain law
• 27:41
  Speaker 3: firms will do that collection work for them. So you know,
• 27:45
  Speaker 3: it doesn't really make my clients feel that much better
• 27:47
  Speaker 3: when they have to go under their own insurance policy
• 27:50
  Speaker 3: because other person didn't have insurance. But there are consequences too,
• 27:54
  Speaker 3: And first of all, they can also be cited for
• 27:56
  Speaker 3: failure to have insurance. A lot of times officers don't
• 27:59
  Speaker 3: know that because they might be given an insurance card
• 28:01
  Speaker 3: at the scene of the wreck, but they don't I
• 28:05
  Speaker 3: don't think they have a good way to verify there's
• 28:07
  Speaker 3: actually coverage when they're out there on the road. Meaning
• 28:11
  Speaker 3: you could get a month to month insurance policy to
• 28:14
  Speaker 3: get your registration and not pay the premium, and you
• 28:16
  Speaker 3: still got a card in your proof of insurance card
• 28:19
  Speaker 3: in your in your glove box that indicates you're covered,
• 28:23
  Speaker 3: but in fact you aren't because you haven't paid your premiums.
• 28:28
  Speaker 3: You need to take a little break.
• 28:29
  Speaker 2: Yeah, well we'll take a break. We're gonna take a break.
• 28:31
  Speaker 2: When we come back, we still have plenty more we
• 28:32
  Speaker 2: want to talk about. This is an interesting discussion as
• 28:34
  Speaker 2: far as with insurance goes. I know that from personal experience.
• 28:38
  Speaker 2: I've known people that's had complete losses of their vehicle
• 28:41
  Speaker 2: and they owed some money on it and it caused
• 28:43
  Speaker 2: them financial difficulties. To some agree if it didn't work out,
• 28:46
  Speaker 2: but it didn't ruin them. I've known people absolutely ruined
• 28:49
  Speaker 2: by not having enough coverage for liability for I know
• 28:53
  Speaker 2: people a ruined for that.
• 28:55
  Speaker 3: It can put folks in bankruptcy. And I've had cases
• 28:57
  Speaker 3: where I know they have some assets, not enough injury,
• 29:01
  Speaker 3: not enough coverage, and we've gone after him personally, and
• 29:05
  Speaker 3: then sometimes they just get forced into bankruptcy. But you know,
• 29:09
  Speaker 3: I don't think anybody really likes to sue other people,
• 29:11
  Speaker 3: and nobody really likes to be sued I've ever found.
• 29:14
  Speaker 3: But you know, you get in an automobile accident where
• 29:18
  Speaker 3: you're the you're the primary wage joarner, and you've got
• 29:20
  Speaker 3: a family. I mean, it's you don't have a choice
• 29:24
  Speaker 3: really right at that point.
• 29:25
  Speaker 2: And that's and I was going to bring that up
• 29:26
  Speaker 2: as we go to the break you mentioned. We've been
• 29:28
  Speaker 2: talking about protecting yourself but also from people that might
• 29:31
  Speaker 2: be contracting your services. Don't be uh, don't be misled
• 29:35
  Speaker 2: by somebody saying my maximum coverage is fifty thousand dollars
• 29:38
  Speaker 2: or whatever it might be, and so your capped at
• 29:40
  Speaker 2: fifty thousand dollars. If you have damages to exceed that,
• 29:43
  Speaker 2: don't think that you don't have other recourse. You could
• 29:45
  Speaker 2: contact a lawger and that's an you can.
• 29:48
  Speaker 3: There's a Western of Code section that it's it's a
• 29:51
  Speaker 3: little technical, but once you come to us and hire us,
• 29:53
  Speaker 3: we send those letters out right off the bat, and
• 29:56
  Speaker 3: it requires that autobile insurance company to send me either
• 30:00
  Speaker 3: entire policy or a certified declarations page. If you hear
• 30:04
  Speaker 3: the word deck page, that just that's the page that
• 30:06
  Speaker 3: lists that person's coverage amounts. So that's the first thing
• 30:09
  Speaker 3: we do is verify, make them send us official information
• 30:13
  Speaker 3: of what amount of coverage is there. And it's it's
• 30:17
  Speaker 3: it's a little technical, so you don't have to have
• 30:18
  Speaker 3: a lawyer to get that information out of the other
• 30:20
  Speaker 3: insurance company, but most folks that aren't attorneys have have
• 30:24
  Speaker 3: trouble doing it because the insurance company won't give it
• 30:26
  Speaker 3: to you unless you comply with these specific technical requirements
• 30:29
  Speaker 3: in westernion code.
• 30:31
  Speaker 2: Yeah, it's a good information and a good way to
• 30:33
  Speaker 2: tap into that information and give us a call this morning.
• 30:36
  Speaker 2: We do have a text message that came in. We'll
• 30:37
  Speaker 2: get to that as soon as we get back from
• 30:38
  Speaker 2: the three zero four three eight nine, So listener, thank
• 30:41
  Speaker 2: you for that. We'll get to that as soon as
• 30:42
  Speaker 2: we get back. You can text in a question as well.
• 30:43
  Speaker 2: If you have one threes aer A four nine three
• 30:45
  Speaker 2: five five zero zero eight threes or four nine three
• 30:47
  Speaker 2: five five zero zero eight, you can also give us
• 30:49
  Speaker 2: a call. We'll have a few minutes when we come back.
• 30:51
  Speaker 2: Three zero four three four five fifty eight fifty eight
• 30:53
  Speaker 2: three zero four three four five fifty eight fifty eight.
• 30:55
  Speaker 2: You're asking him to ask the lawyer with Tom Payton
• 30:56
  Speaker 2: from the Payton Law Firm Online, Paton Lawfirm dot com
• 30:59
  Speaker 2: and Nitro West Virginia more details when we come back.
• 31:01
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• 31:04
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• 32:47
  Speaker 2: You're listening to the voice of Charleston Bob ad Hs
• 32:51
  Speaker 2: and this is asked the lawyer Tom Payton is here
• 32:53
  Speaker 2: this morning from the Pathon Law Firm on line. Paythonlawfirm
• 32:55
  Speaker 2: dot com. Pathon Lawfirm dot com you can find out
• 32:58
  Speaker 2: more information. Located in t West Virginia. We got a
• 33:01
  Speaker 2: text message of right before we went to the break,
• 33:02
  Speaker 2: so we want to make sure we get to this.
• 33:04
  Speaker 2: This is from the three zero four three eight nine.
• 33:06
  Speaker 2: Good morning. Could Tom briefly touch on umbrella policies and
• 33:09
  Speaker 2: this comes from Joe.
• 33:10
  Speaker 3: Yeah, so that's a good question to an umbrella policy.
• 33:14
  Speaker 3: If you hear that that is a policy that you
• 33:17
  Speaker 3: can purchase oftentimes to the same autobill ensure that provides
• 33:22
  Speaker 3: your primary coverage, but that's like an excess policy. So
• 33:26
  Speaker 3: for example, and you always have to have a certain
• 33:28
  Speaker 3: amount of underlying coverage, so you might have two hundred
• 33:31
  Speaker 3: and fifty five hundred, one hundred or I don't know
• 33:35
  Speaker 3: that you need more than one hundred in property damage
• 33:37
  Speaker 3: for regular policies, but or two fifty five hundred two
• 33:42
  Speaker 3: fifty set your personal per accident and then property damage.
• 33:47
  Speaker 3: Then on top of that, you can purchase what's called
• 33:50
  Speaker 3: an umbrella policy. It's kind of a catch all policy,
• 33:54
  Speaker 3: and it usually covers most types of liability as certainly
• 33:57
  Speaker 3: automobile for sure, and so that normally would be about
• 34:02
  Speaker 3: a million, would be a million dollars. So you if
• 34:04
  Speaker 3: you buy an umbrella policy, then you have your underlying coverage,
• 34:09
  Speaker 3: which if one person's hurt, that's two hundred and fifty
• 34:11
  Speaker 3: thousand dollars, and then you have an umbrella policy that's
• 34:15
  Speaker 3: a separate policy that stacks on top of that. So
• 34:18
  Speaker 3: you would have one point twenty five million dollars in
• 34:20
  Speaker 3: liability coverage. And I honestly think, I mean you rely
• 34:23
  Speaker 3: on your insurance local insurance agents to analyze your situation.
• 34:27
  Speaker 3: Depends on what kind of assets you have your risk tolerance.
• 34:30
  Speaker 3: But I think in West Virginia, for personal insurance, if
• 34:34
  Speaker 3: you've got that umbrella, you've got to feel safe that
• 34:38
  Speaker 3: you're you're pretty well protected by insurance. And that's the
• 34:43
  Speaker 3: way to versus doing the trying to put things in
• 34:46
  Speaker 3: trust and shielding your assets. Somehow, a lot of those
• 34:50
  Speaker 3: mechanisms don't work, if I mean, they just don't work.
• 34:54
  Speaker 3: They'll be pierced and they'll get access to that those
• 34:56
  Speaker 3: assets anyway if somebody's hurt. So if you, if you
• 34:59
  Speaker 3: have concerned about risk, get an umbrella policy. And I
• 35:03
  Speaker 3: think on auto the average West Virginia, if you can
• 35:08
  Speaker 3: afford it, if you can get that million plus the
• 35:10
  Speaker 3: underlying two point fifty, that's that's sufficient liability coverage for
• 35:13
  Speaker 3: you to feel comfortable and safe that if you were
• 35:16
  Speaker 3: a family member or somebody with permission causes a wreck
• 35:20
  Speaker 3: that hurts somebody really bad, you can feel pretty safe
• 35:24
  Speaker 3: that you know your insurance will take care of that
• 35:27
  Speaker 3: claim for you and you won't be sued for your
• 35:31
  Speaker 3: personal assets or forced into bankruptcy or something like that.
• 35:33
  Speaker 3: So it's an umbrella policy just stocks on top of
• 35:35
  Speaker 3: your other policy, and it's it's a good idea to
• 35:38
  Speaker 3: have them. So, hey, before we go, Dad's coming back
• 35:42
  Speaker 3: from his fishing trip this week, so he might be
• 35:44
  Speaker 3: here the next two weeks.
• 35:45
  Speaker 2: I don't know.
• 35:45
  Speaker 3: We'll see how it plays out. So I wanted to
• 35:47
  Speaker 3: lay out my not near football. There we go. Okay,
• 35:51
  Speaker 3: we got an exciting seat. It's hard got.
• 35:54
  Speaker 2: About ok because we got all new players, right, that's right,
• 35:58
  Speaker 2: and it's a rotten round two.
• 36:00
  Speaker 3: That's right, and I'm I'm excited about it. So we
• 36:04
  Speaker 3: started off. We started off with Robert Morrison Morgantown. I'm
• 36:07
  Speaker 3: gonna Dad and I'll probably up for that game just
• 36:09
  Speaker 3: to see the new new folks. That's a win. And
• 36:12
  Speaker 3: we play at Ohio. I'm gonna plan to go to
• 36:14
  Speaker 3: that one too, and drive an hour, hour and fifteen
• 36:16
  Speaker 3: minutes to get there. Tickets are sold out, we'll get
• 36:18
  Speaker 3: them through w I think. But that's a win for
• 36:21
  Speaker 3: the Mountaineers. Then we got Pit at home in Morgantown.
• 36:24
  Speaker 3: I won't be there. I got a step by graduated Florida,
• 36:27
  Speaker 3: so we're going to the Florida LSU game. My son's
• 36:29
  Speaker 3: last semesters down there, so I'm gonna miss the Pit game.
• 36:32
  Speaker 3: But I'm marking it down as a win. There'll be
• 36:34
  Speaker 3: plenty of fans there. I think it'll be a charged
• 36:36
  Speaker 3: up attitude. I like going in with rich Rodriguez with
• 36:38
  Speaker 3: his attitude in that game, so I.
• 36:39
  Speaker 2: Think might want to be this time.
• 36:42
  Speaker 3: He might jump on the field and tackle somebody if
• 36:45
  Speaker 3: it's going bad. Uh. Then we play at Kansas. Kansas
• 36:48
  Speaker 3: been better the last few years, but I think we
• 36:50
  Speaker 3: get a win there. Utadd home win, b y U
• 36:53
  Speaker 3: away loss, UCF win, TCU win, Houston win, Colorado win,
• 36:59
  Speaker 3: ASU in Texas Tech at the end. I think we
• 37:02
  Speaker 3: tend to play bad at the end of the season
• 37:03
  Speaker 3: under Rich Rod and ASU is pretty good. So I'm
• 37:06
  Speaker 3: good to mark those down and losses. So somewhat predicting
• 37:10
  Speaker 3: with my heart, but I've picked nine and three.
• 37:11
  Speaker 2: Whoa nine in three. I like it.
• 37:14
  Speaker 3: That still probably only puts us somewhere between four and
• 37:17
  Speaker 3: six and the commerce, but much better than they predict
• 37:19
  Speaker 3: quick question.
• 37:20
  Speaker 2: Would you prefer to lose to pit and play for
• 37:22
  Speaker 2: the conference championship or beat.
• 37:25
  Speaker 3: Pitt conference championship?
• 37:28
  Speaker 2: Yeah, that was a question today we have I think
• 37:30
  Speaker 2: it'll go the other way, yeah, and we won't play
• 37:34
  Speaker 2: for the conference Championship, Peyton Law Firm Online, Peyton Lawfirm
• 37:37
  Speaker 2: dot com seven five five fifty five fifty six three
• 37:39
  Speaker 2: zero four seven five five fifty five fifty six see
• 37:41
  Speaker 2: if back here next week. You're a Harvey Tom. Thanks
• 37:43
  Speaker 2: a lot. Thanks, have a great day everyone on five
• 37:45
  Speaker 2: at e w CCHS. I'll see him two seconds fin
• 37:49
  Speaker 2: whs aminty six point five that Charleston one zero four
• 37:52
  Speaker 2: point five Cross Lanes WVRC Media Station. We're proud to
• 37:58
  Speaker 2: live here too,