Latest / WCHS Network Podcasts / 10/16/2025 Ask the Lawyer with Tom Peyton

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10/16/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

0:00
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Speaker 2: The views and opinions expressed on this program do not
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Speaker 2: necessarily reflect the views and opinions of five eight WCCHS,
0:22
Speaker 2: It's employees or WVRC Media, Oh.
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Speaker 3: Court, Oh Creation Equal, We're mass come here and to Kate.
0:37
Speaker 4: Can Rocks Cops.
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Speaker 5: You don't have to fight the law this morning. You
0:45
Speaker 5: can put the power of Paton on your side. Tom
0:47
Speaker 5: Pathon's in the studio with us this morning, and you
0:49
Speaker 5: can give us a call. Control the conversation. You need
0:52
Speaker 5: to have some help with the law. Three zero four
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Speaker 5: three four five fifty eight fifty eight three zero four
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Speaker 5: three four five fifty eight fifty eight. Pathon Law Firm,
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Speaker 5: Pey to you in Peytonlawfirm dot com. Tom, Good morning,
1:02
Speaker 5: how you doing this morning?
1:02
Speaker 2: Doing great?
1:03
Speaker 3: Yeah?
1:03
Speaker 6: You can give us a call or send a I
1:06
Speaker 6: guess is there a text line this morning?
1:07
Speaker 5: Yeah? Sure, Yeah, we can have a text line as well.
1:09
Speaker 5: Three zero four nine three five five zeros zero eight
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Speaker 5: threes are a four nine three five five years zero
1:13
Speaker 5: eight two good ways that you can get ahold of
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Speaker 5: us this morning and give us a call at three
1:16
Speaker 5: four five fifty eight fifty eight, or give us a
1:17
Speaker 5: text as well, and we'll get your questions to Tom
1:20
Speaker 5: where you can ask him anything in the legal profession
1:23
Speaker 5: that you care.
1:24
Speaker 2: To talk about.
1:24
Speaker 6: You don't have to fight the law. You can put
1:26
Speaker 6: the law on your side and hire us and we'll
1:28
Speaker 6: take care of it for you. So yeah, nice morning today, crisp.
1:32
Speaker 7: Cool.
1:32
Speaker 6: Traffic wasn't best So I heard you do traffic this morning.
1:35
Speaker 6: Excellent job.
1:36
Speaker 2: Well, thank you.
1:38
Speaker 6: Oh I think you play a repeat record. Congestion at
1:40
Speaker 6: the Vision Street.
1:41
Speaker 5: Actually that's pretty much it. If there's no accidents. It's
1:44
Speaker 5: like things are sleepy. Things are sleepy, slate, things are sleeping.
1:46
Speaker 5: Then about seven thirty nine. Congestion downtown Charleston, that's right,
1:49
Speaker 5: and it's just it's tough this morning. Actually, someone's coming
1:52
Speaker 5: right up over the mountains and you gotta be you
1:54
Speaker 5: gotta be diligent, you gotta be careful. And that's I
1:58
Speaker 5: don't know how many times there's a real end accident
2:00
Speaker 5: on workday mornings coming on I sixty four got to be.
2:05
Speaker 6: Many times a week. A lot of our autombile accdent
2:08
Speaker 6: cases are I don't say a lot, because we do
2:13
Speaker 6: all over the state in Ohio, but we've got a
2:17
Speaker 6: few that involve your enders on the where it piles
2:19
Speaker 6: up there for the Virginia Street accent. You know, if
2:23
Speaker 6: it's icy, if it's sunny, you've got a duty to
2:26
Speaker 6: control your vehicle and make sure you go slow enough.
2:29
Speaker 6: Or if you just can't drive in it, don't drive
2:31
Speaker 6: in it. But you know, it's not a criminal matter
2:34
Speaker 6: if you're rear in somebody, but it's certainly almost universally
2:38
Speaker 6: if you fail, and there are exceptions I can think
2:43
Speaker 6: of some right now, but almost universally, if you fail
2:46
Speaker 6: to maintain control when you rear in another person, it's
2:48
Speaker 6: going to be hundred percent of your fault, which opens
2:50
Speaker 6: up for your assurance insurance for that you should. Of course,
2:55
Speaker 6: we have cases where folks don't have automobile insurance that
2:58
Speaker 6: you know. We of course represent the other side, the
3:01
Speaker 6: victims who have injuries and medical bills and lost wages
3:05
Speaker 6: and sometimes long term problems and if your responseibut there
3:12
Speaker 6: And we've talked about insurance a little bit, but you know,
3:15
Speaker 6: one of the things people overlook and it's frustrates you
3:18
Speaker 6: when you know, at least it frustrates my client. I
3:20
Speaker 6: haven't been the victim of a person that lacked insurance
3:25
Speaker 6: driving an automobile that hit my car, but uh, it's
3:28
Speaker 6: frustrating when somebody does that and doesn't have insurance because
3:31
Speaker 6: your your instinct is, well, it should be their fault
3:33
Speaker 6: and they should pay for it, and that's and they should.
3:38
Speaker 2: The problem is reality is that when you.
3:43
Speaker 6: Can't work, you don't have any wage replacement, you've got
3:48
Speaker 6: medical bills piling up, and you have a person who
3:52
Speaker 6: wasn't responsible enough to maintain their automobile insurance. And they
3:55
Speaker 6: can have a certificate of insurance, but you know, you
3:57
Speaker 6: can pay different. I think you can do month to
4:00
Speaker 6: month premiums for liability insurance. So you go and get
4:03
Speaker 6: your registration and then quit paying. And then uh, sometimes
4:08
Speaker 6: even the registration card from the officer checks that will
4:10
Speaker 6: look like it's valid insurance. And then many times they
4:13
Speaker 6: find out, well, no, they didn't pay their premium, their
4:15
Speaker 6: policy lapse and they didn't have insurance coverage, so you know,
4:19
Speaker 6: ultimately that person is responsible. But our client's concerned is
4:23
Speaker 6: how do I get through this pressing time for an
4:27
Speaker 6: injury that that you know wasn't any fault of my own,
4:30
Speaker 6: in fact with somebody else's fault. And there's some some
4:34
Speaker 6: ways you do that. Uninsured motorists coverage. Now, if you're
4:39
Speaker 6: responsible enough to have auto bill insurance, which we all
4:41
Speaker 6: should be if you're operating a vehicle on the public roads,
4:45
Speaker 6: and then that's mandatory in West Virginia, So you have
4:50
Speaker 6: to have twenty five thousand dollars in liability coverage in
4:55
Speaker 6: West Virginia. So that's the that's the minimums. So if
4:58
Speaker 6: you go and buy covers and see out for the minimums,
5:01
Speaker 6: then your agent will sell you a automobile insurance policy
5:06
Speaker 6: that provides twenty five thousand dollars if you hit another person,
5:09
Speaker 6: and fifty thousand dollars if more than one swift there's
5:12
Speaker 6: a driver and a passenger and you rear end them,
5:15
Speaker 6: and there's fifty thousand dollars total and cover.
5:17
Speaker 2: That's the minimum.
5:18
Speaker 6: That is, it should be reserved for folks who just
5:22
Speaker 6: can't afford more than that. Because what it does is
5:25
Speaker 6: exposes you. If somebody gets hurt really bad, you know,
5:29
Speaker 6: long term injury, can't work disabled. But it's likely they're
5:34
Speaker 6: not going to accept twenty five thousand dollars and just
5:37
Speaker 6: release you from any further liability. So then your personal
5:39
Speaker 6: assets are exposed. You can be forced into bankruptcy and
5:42
Speaker 6: things like that. But those of us that are responsible
5:44
Speaker 6: to and get insurance, you're going to have uninsured motors
5:47
Speaker 6: coverage on your own policy. And it seems counterintuitive, why
5:50
Speaker 6: would my own insurance pay for an accent that somebody
5:52
Speaker 6: else calls, But that's mandatory in Western you for that
5:55
Speaker 6: very issue. And so even in this scenario I just
5:59
Speaker 6: ran through, if you go to your agency, I want minimums,
6:02
Speaker 6: you're still going to be required to get uninsured motorist
6:06
Speaker 6: coverage on top of that liability coverage. That way, if
6:10
Speaker 6: a motor sits you that doesn't have any insurance at all,
6:14
Speaker 6: basically your insurance company kind of steps in their shoes
6:17
Speaker 6: and the uninsured motorist realm and then you have that
6:22
Speaker 6: whatever amount of coverage you bought will cover your claim.
6:28
Speaker 6: Basically as if your insurance company was the insurer for
6:31
Speaker 6: the person who caused the accident. That makes sense, So
6:35
Speaker 6: as long as you have now then there's another situation
6:40
Speaker 6: that's but say you did only have twenty five thousand
6:42
Speaker 6: dollars of insurance and.
6:43
Speaker 2: You hit me, and I've got a her needed disc in.
6:50
Speaker 6: My back because I got rear ended and the weight
6:53
Speaker 6: of a vehicle so strong it jerked my back, and
6:55
Speaker 6: now I've got a harneyed disc.
6:56
Speaker 2: Got to have surgery. Can't work well if you only have.
7:02
Speaker 6: Twenty five thousand dollars in coverage, that's not going to
7:04
Speaker 6: go very far by the time you start getting medical
7:06
Speaker 6: bills in lost wages calculated. I then can protect myself
7:12
Speaker 6: with underinsured motorists coverage, and that in West Virginia's coverage,
7:17
Speaker 6: that would essentially it's what they call stack, or it's
7:21
Speaker 6: not really stacking, but it adds on or is an
7:23
Speaker 6: excess coverage to the liability coverage that the person who
7:27
Speaker 6: caused the accent has. So you have twenty five thousand
7:30
Speaker 6: dollars insurance and you were in me liability then, as
7:35
Speaker 6: opposed to me just taking twenty five thousand.
7:37
Speaker 2: Dollars and going away.
7:40
Speaker 6: Hopefully I've purchased underinsured motors coverage. So let's say I
7:43
Speaker 6: have one hundred thousand dollars of underinsured motorist coverage. Then
7:48
Speaker 6: I would have that on top of the twenty five
7:50
Speaker 6: thousand dollars that you had because you were under insured.
7:54
Speaker 6: You didn't You don't know you're under insured until an
7:56
Speaker 6: accent happens because it depends on the damages and how
8:00
Speaker 6: bad the person is hurt. But in this scenario, there
8:04
Speaker 6: would be an extra one hundred thousand dollars to go
8:05
Speaker 6: on top of the twenty five that you had, So
8:07
Speaker 6: there'll be one hundred and twenty five thousand dollars there.
8:10
Speaker 6: And I really encourage folks, you know, as supposed to
8:14
Speaker 6: going online, and you know, insurance companies promise they can
8:18
Speaker 6: get your your rate down. A lot of times it's
8:20
Speaker 6: because they're restricting your coverage. But if you have that
8:24
Speaker 6: concern and it's insurance is one of those things you
8:29
Speaker 6: can pay premiums all your life and never have a
8:31
Speaker 6: claim and never use it. But you get in that
8:34
Speaker 6: situation and you're really glad that you have it. I
8:37
Speaker 6: have so many clients that, and under insured is not mandatory,
8:40
Speaker 6: So uninsured somebody hits you without any insurance. If you
8:45
Speaker 6: have auto insurance basically on any car that you own,
8:48
Speaker 6: no matter which one you're driving, that uninsured is going
8:52
Speaker 6: to kick in and you have to purchase that premiums low,
8:55
Speaker 6: but it's mandatory. Under Insured is not mandatory, it's optional.
8:58
Speaker 6: Now your agent or the insurance carrier, you're supposed to
9:03
Speaker 6: give you the option to purchase it every time you
9:06
Speaker 6: buy new insurance. So they're supposed to lay out different
9:12
Speaker 6: levels of under insured motorist coverage and then the premium
9:15
Speaker 6: that it will cost.
9:16
Speaker 2: And then.
9:18
Speaker 6: The person purchasing that insurance if they don't want it,
9:21
Speaker 6: has to essentially make a knowing denial of the coverage
9:26
Speaker 6: if you don't want it, So you should be offered that.
9:28
Speaker 6: I think universally local agents are better at kind of
9:33
Speaker 6: explaining that to you. They are salespeople. The local agent.
9:36
Speaker 6: If you have a claim, they're not going to adjust
9:37
Speaker 6: your claim. They'll help you pass information onto the insurance carrier.
9:40
Speaker 6: But it's a good thing just to kind of think about,
9:44
Speaker 6: maybe check your policies. Something called a declarations page. Lawyers
9:48
Speaker 6: called a deck page that has your basic.
9:51
Speaker 2: Breakdown of coverages.
9:52
Speaker 6: It's not real complicated to read like the actual insurance
9:56
Speaker 6: policy is it sounds like goblegook sometimes piecing together a
10:00
Speaker 6: to see what you're actually covered for. But you can
10:04
Speaker 6: check your declarations page, and under insured motorist coverage is
10:09
Speaker 6: not that high of a premium because it just doesn't
10:13
Speaker 6: happen all that often. A lot of things have to
10:16
Speaker 6: fall in place for you to have an underinsured motorists claim.
10:18
Speaker 6: But I really strongly encourage everyone out there you don't
10:22
Speaker 6: want to rely on a person who hits you might
10:25
Speaker 6: be a drunk driver, it could be somebody driving a
10:29
Speaker 6: vehicle that it could be anything irresponsible person, and you
10:33
Speaker 6: really have to take the bull by the horns and
10:36
Speaker 6: just do things to protect yourself. If you want to
10:39
Speaker 6: be responsible, underinsured coverage is a great way to do it.
10:41
Speaker 5: It's one of the cautions of being purely a price
10:45
Speaker 5: shopper when it comes to something like insurance. You can
10:47
Speaker 5: go in one of these websites and put in you know,
10:49
Speaker 5: there's places like name what you want your monthly payment
10:52
Speaker 5: to be or whatever. Well, an insurance a company might
10:55
Speaker 5: be able to scale down your insurance to such a
10:58
Speaker 5: degree to meet whatever the dollar it is that you
11:00
Speaker 5: want to pay a month, and you save two hundred
11:02
Speaker 5: and forty dollars a year.
11:03
Speaker 2: It's twenty dollars a month.
11:05
Speaker 5: Really worth exposing yourself to some of these other things
11:08
Speaker 5: that we're talking about here, because you're getting a bare
11:09
Speaker 5: bones insurance policy. You know, if you don't have the
11:13
Speaker 5: underinsured where if you don't increase your liability insurance or
11:15
Speaker 5: even your personal protection or whatever it might be, you
11:18
Speaker 5: can leave yourself exposed on something like that. An analogy
11:20
Speaker 5: I think about is I bought my daughter a TV.
11:24
Speaker 5: Was one of these great deals that wal Mart or
11:26
Speaker 5: Sam's or somebody had last year where you got it
11:29
Speaker 5: was a modest sized TV, like a fifty inch modest anymore, right,
11:33
Speaker 5: And it was like one hundred bucks or under a
11:35
Speaker 5: hundred bucks. It was a really good deal, right, and
11:36
Speaker 5: it was a brand name and it's been fine. There
11:39
Speaker 5: hasn't been a problem with it. But recently I went
11:41
Speaker 5: to get a different gizmo to put on her TV
11:44
Speaker 5: for some stuff that we're doing for her with just
11:47
Speaker 5: all you needed was what's a very common everyday connection
11:50
Speaker 5: for it to work. And I didn't think anything about
11:52
Speaker 5: it because my TV was a year old. Of course
11:53
Speaker 5: it's going to have this connection on it, sure, except
11:55
Speaker 5: it didn't and one of the reasons it didn't, of course,
11:57
Speaker 5: because it was a bar bones model that I just
11:59
Speaker 5: went and got because was the cheapest one that I
12:00
Speaker 5: could possibly find. Didn't even think about what might I
12:03
Speaker 5: need in the future out of this television, And that
12:05
Speaker 5: applies to a lot of things. When all you're looking
12:07
Speaker 5: at is price, you might leave yourself out of some
12:09
Speaker 5: things that you need.
12:10
Speaker 6: Ask questions about you. I mean, some people have financial circumstances.
12:13
Speaker 6: I just need to get on the road, legal of course,
12:15
Speaker 6: and at least they're getting some insurance to get on
12:16
Speaker 6: the road. And then people say, what, I asked my
12:20
Speaker 6: agent for full coverage, But what does that mean? So
12:24
Speaker 6: full coverage really means to the insurance industry legal right well,
12:30
Speaker 6: and to me and I think generally in the insurance industry,
12:33
Speaker 6: full coverage means that you not only have the minimums
12:38
Speaker 6: required to get on the road, which is the twenty
12:41
Speaker 6: five thousand and fifty thousand dollars liability insurance, but comprehensive
12:45
Speaker 6: and collision coverage. So if you won't, if you have
12:47
Speaker 6: liability only then you deer runs in front of you,
12:54
Speaker 6: you run off the road on ice, you don't have
12:56
Speaker 6: any coverage to get your car. So when you it's
13:03
Speaker 6: just people expressed to me like, well I have full
13:05
Speaker 6: they're impressed or they want to impress upon me, Hey,
13:07
Speaker 6: I purchased full coverage.
13:09
Speaker 2: That should be good.
13:10
Speaker 6: That doesn't really reflect what you're underinsured motors coverage if
13:16
Speaker 6: you have it is or your limits on your liability
13:19
Speaker 6: or uninsured motors coverage. Full coverage means you've you've got
13:23
Speaker 6: comprehensive and collision with it ordinarily, so you want to
13:27
Speaker 6: even though you have quote full coverage that was sold
13:30
Speaker 6: to you, either via Internet or maybe a local agent,
13:32
Speaker 6: you want to double check and see what.
13:34
Speaker 2: Your your minimums are.
13:35
Speaker 6: I mean, it's very common to have a fifty thousand
13:38
Speaker 6: dollars liability limit and maybe one hundred per accident versus
13:41
Speaker 6: the twenty five to fifty and I don't think the
13:43
Speaker 6: premiums are significantly different there. And you can get underinsured
13:48
Speaker 6: motors coverage for very little extra premium. And there's some
13:52
Speaker 6: other coverages. There's medical payments coverage, which is important that
13:55
Speaker 6: pays your medical even if you have a single vehicle accident,
13:59
Speaker 6: it'll pay dollar for dollar your medical bills. It doesn't
14:02
Speaker 6: matter whose fault. It could be your own fault, nobody's fault,
14:06
Speaker 6: another person's fault. But it's it's really cheap coverage that
14:11
Speaker 6: they sell as a part of an automobile insurance policy
14:14
Speaker 6: that pays up to a limit dollar for dollar medical
14:17
Speaker 6: bills just right off the bat, so you're not gonna
14:19
Speaker 6: have to deal with deductibles or anything like that, and
14:21
Speaker 6: it's extremely cheap coverage. Most of my clients actually have
14:25
Speaker 6: it when they're in an automobile extent, but they have
14:28
Speaker 6: no clue they have it until they call me and
14:30
Speaker 6: we start asking about it. So in any of those
14:34
Speaker 6: snarios where an uninsured or underinsured driver hits you, what
14:41
Speaker 6: you're doing basically is, even though you're going under your
14:43
Speaker 6: own policy, you're kind of shifting the burden of collecting
14:48
Speaker 6: it or trying to collect it from that irresponsible person
14:51
Speaker 6: to your insurance company. Because when you have your claiming,
14:53
Speaker 6: it's your own insurance company, they actually have the right
14:55
Speaker 6: to go after that part, and they do. There there
14:57
Speaker 6: are they'll they'll kind of bank them up, and there
15:00
Speaker 6: are certain law firms essentially collection firms that will then
15:04
Speaker 6: you know, if my company has to pay an uninsured
15:08
Speaker 6: motors claim of twenty five thousand dollars because the person
15:11
Speaker 6: hit me was irresponsible. It's really not worth it for
15:16
Speaker 6: me to hire a lawyer to try and go after
15:18
Speaker 6: that person's personal assets because the prospects of recovery aren't
15:23
Speaker 6: great except in the rare circumstances. But your own insurance
15:25
Speaker 6: company it makes you feel any better. They can go
15:29
Speaker 6: after the person. I mean, they can afford to spend
15:32
Speaker 6: that money because it's a multi maybe billion dollar insurance company.
15:37
Speaker 6: So they have those claims kind of packaged up and
15:40
Speaker 6: we'll send them to lawyers who will then basically file
15:43
Speaker 6: lawsuits against that uninsured motors and then try and collect
15:47
Speaker 6: from them, and they can afford to do that. If
15:50
Speaker 6: you're uninsured as well and get an accident and it's discovered,
15:55
Speaker 6: then there's also a mechanism where your license can be
15:57
Speaker 6: suspended as well. So obviously everyone needs to have coverage
16:02
Speaker 6: if they're on the road, but at the same time,
16:05
Speaker 6: if you're a responsible person, you can protect yourself in
16:08
Speaker 6: that regard on multiple levels with underinsured motors coverage or
16:12
Speaker 6: maybe getting a higher limit on uninsured motors coverage. Just
16:15
Speaker 6: people don't think about that very often because you know,
16:19
Speaker 6: we do a lot of everyday work for folks, wills, deeds,
16:23
Speaker 6: things like that, because you know, just that's what people
16:26
Speaker 6: need more often. You never know when you're going to
16:28
Speaker 6: be hit by a drunk driver when you're driving to
16:31
Speaker 6: work in the morning or coming home of the evening
16:34
Speaker 6: or something like that. So it's just not something that's
16:36
Speaker 6: on the top of everybody's head. But it's a good,
16:39
Speaker 6: good thing to kind of think of. I have so
16:41
Speaker 6: many clients that unfortunately, you know, it's like, darn, I
16:45
Speaker 6: wish I had got underinsured coverage. Well, the problem, I
16:48
Speaker 6: mean it's whatever coverage you have an effect at the
16:51
Speaker 6: time of the accident applies. You can't retroactively purchase it. Obviously,
16:56
Speaker 6: you can purchase it after the fact, but it will
16:58
Speaker 6: only of course help you in incidentally happen in the future.
17:01
Speaker 6: And so and if you really go, if you can't
17:05
Speaker 6: afford it, you can't afford it. But if if you
17:07
Speaker 6: go and look at the premium difference annually, you know
17:12
Speaker 6: kind of go by you said, what's this amount per year,
17:14
Speaker 6: but that's only twenty dollars a month or ten dollars
17:17
Speaker 6: a month, You really ought to think hard about it.
17:20
Speaker 6: I always encourage folks to use local agents just because
17:25
Speaker 6: I think they're they're salespeople, but they also you get
17:28
Speaker 6: to see them. You can talk it through with them,
17:31
Speaker 6: and they can explain coverages.
17:32
Speaker 5: For example, anybody can look up the national database and say, well,
17:35
Speaker 5: there's a lot of deer injuries in West Virginia, you know,
17:37
Speaker 5: But somebody that lives here understands, well, you live where,
17:39
Speaker 5: and oh, you have to drive that route every morning.
17:41
Speaker 5: They know a little bit more about the nuance of it,
17:43
Speaker 5: just like you as a law firm knows more about
17:45
Speaker 5: the layout of the area than somebody that is just
17:47
Speaker 5: working behind an eight hundred number somewhere nationally. The thing
17:50
Speaker 5: that strikes me and I have a one person that
17:53
Speaker 5: I've known in my life that has worked through something
17:55
Speaker 5: like this, and it could be catastrophic for someone who's
17:57
Speaker 5: a victim of somebody who's either uninsured or or underinsured
18:01
Speaker 5: and they're significantly injured, and you have no recourse if
18:04
Speaker 5: the person has no job or very little job, has
18:06
Speaker 5: no income, has no family, no assets, nothing along those lines,
18:09
Speaker 5: and you're stuck with one thousands or hundreds of thousands
18:12
Speaker 5: of medical bill I knew a young lady who I
18:15
Speaker 5: hired at a job that I had in Michigan, and
18:18
Speaker 5: she wasn't quite completely unable to work, but she was
18:21
Speaker 5: very limited with the kind of jobs she could do
18:22
Speaker 5: because of an accent.
18:23
Speaker 2: She had had previous yearn exactly she was.
18:27
Speaker 5: She was in constant legal battles because she just didn't
18:32
Speaker 5: have I mean, she had people trying to help her,
18:34
Speaker 5: but there was just I mean, you can't squeeze blood
18:35
Speaker 5: out of a rock. I mean, if there's no money there,
18:37
Speaker 5: there's not much you can do. And she was constantly
18:39
Speaker 5: trying to get you know, she was trying to get
18:41
Speaker 5: this person to pay garnishments and you know they didn't
18:43
Speaker 5: have any money to pay. I mean, it was a
18:44
Speaker 5: bad situation for her, and there's there's I mean, there's
18:47
Speaker 5: really nothing you can do. I mean, if you're not protected,
18:49
Speaker 5: you have to protect yourself.
18:50
Speaker 7: You do.
18:50
Speaker 6: And if you go to a lcal agent, I mean,
18:52
Speaker 6: if they're if they're decent anyway, they're they're probably wanting
18:54
Speaker 6: to build a little rapport with you in trust and
18:56
Speaker 6: you have somebody that you trust you can talk to.
18:58
Speaker 6: Is just like going to a local lawyer. I mean,
19:00
Speaker 6: if you go on the internet and heck, I bet
19:04
Speaker 6: half the time you're working through an artificial intelligence system anyway,
19:09
Speaker 6: they aren't. What they're concerned about, in my opinion, is
19:13
Speaker 6: just getting you to switch from a different insurance company
19:15
Speaker 6: to them, So they're not concerned about longevity of the
19:19
Speaker 6: relationship or building a rapport or making sure the customers comfortable.
19:25
Speaker 6: They're just if they can get that. If you're just
19:27
Speaker 6: shopping to get a lower premium, that's all you're really
19:30
Speaker 6: going to get when you go on the internet and
19:32
Speaker 6: try and do these purchases cold without dealing with a
19:35
Speaker 6: local agent, so you go to look sort of like
19:37
Speaker 6: dealing with our office. I mean, you want to call
19:39
Speaker 6: the biggest law firm in the world and become one
19:42
Speaker 6: of a million cases and maybe have them use AI
19:48
Speaker 6: to file briefs for you and things like that, then
19:50
Speaker 6: you can do it. But if you want somebody that
19:52
Speaker 6: you trust, cares about your case, knows your situation, then
19:58
Speaker 6: that's when you call either a or some other local
20:01
Speaker 6: law firm that actually is licensed here in West Virginia
20:03
Speaker 6: and does work here. Same thing applies, i think to
20:06
Speaker 6: insurance agents and strong encouraged folks to use local agentsies
20:11
Speaker 6: so you can get better information, get somebody you trust
20:14
Speaker 6: you can call not some one eight hundred number where
20:16
Speaker 6: you have to press five different buttons to maybe get
20:19
Speaker 6: maybe to a human that might be in the United States,
20:22
Speaker 6: probably not in West Virginia. So yeah, you got to
20:26
Speaker 6: go out there and protect yourself. I'll tell you that.
20:28
Speaker 6: Other sometimes, and we don't handle a lot of these
20:32
Speaker 6: cases just because the nature of them. It's difficult. I
20:35
Speaker 6: had a one recently, actually, I just I took it on.
20:38
Speaker 6: But property damage, when your car's damage, that's sometimes what
20:45
Speaker 6: people are the most concerned about. They're difficult cases for
20:47
Speaker 6: lawyers to take when it's against another person's insurance because
20:50
Speaker 6: you don't get lawyer's fees awarded on top of it.
20:53
Speaker 6: So if Dale gets hit and you know, you want
20:56
Speaker 6: to get a repair that costs ten thousand dollars, insurance
21:00
Speaker 6: company says, no, we think you had pre existing damage,
21:03
Speaker 6: or you can get it fixed for five thousand dollars.
21:06
Speaker 6: It's difficult to hire a lawyer on I mean, we
21:09
Speaker 6: do these on contingency fee. All lawyers do that do
21:12
Speaker 6: them so that we get, you know, a percentage only
21:14
Speaker 6: if we recover something. It's very difficult when you have
21:18
Speaker 6: a repair bill because if the lawyer gets a third
21:21
Speaker 6: out of it, and you don't get your lawyer's fees
21:23
Speaker 6: on top of it, you don't end up with enough
21:25
Speaker 6: money to get you covered. So those are there's although
21:30
Speaker 6: I've I've had cases where there's somewhat rare where you
21:35
Speaker 6: can get a lawyer to help. Is if there's liability tonight.
21:38
Speaker 6: Let's say there's a dispute about whose fault it was. Well,
21:40
Speaker 6: then if the insurance company says, well, even though our
21:44
Speaker 6: insured ran the stop sign, you should have been able
21:48
Speaker 6: to maneuver around their car. Had that one recently, it's like, okay,
21:52
Speaker 6: so my client had zero because he didn't have collision coverage.
21:58
Speaker 6: He didn't have full coverage on his vehicle, so he
22:01
Speaker 6: is stuck without a vehicle, and the insurance companies saying
22:06
Speaker 6: it's at least as much his fault, and once you
22:10
Speaker 6: reach more than fifty percent at fault, you don't recover anything.
22:13
Speaker 6: And we felt loss that we won and we were
22:15
Speaker 6: able to get that person some damages that get them
22:19
Speaker 6: enough money to get their Actually it was a total
22:22
Speaker 6: loss on that one, so my client was completely out
22:24
Speaker 6: of a vehicle. But it's rare. So one of the
22:29
Speaker 6: things that also is kind of a difficult concept on
22:34
Speaker 6: the property damage room. If you have a total loss
22:37
Speaker 6: in West Virginia, the insurance company they're only allowed to
22:40
Speaker 6: use certain valuation methods.
22:43
Speaker 2: You know, you have NADA.
22:46
Speaker 6: I think it's National Automobile Dealers Association valuations. You have
22:50
Speaker 6: Kelly's Blue Book. You can go online and get a
22:53
Speaker 6: value there, and then there's one or two others that
22:55
Speaker 6: are are approved by the Western Insurance Commissioner's Office. We
23:00
Speaker 6: have a somebody hits you and your car is totaled,
23:02
Speaker 6: which is the cost of repair is seventy percent of
23:07
Speaker 6: the value of your car before the accident. It pretty
23:11
Speaker 6: much has to be totaled. You can keep it, but
23:13
Speaker 6: it's going to have a salvage title on it when
23:15
Speaker 6: you and the insurance company will duct a little bit
23:18
Speaker 6: because you're actually getting to keep the there's in essence,
23:20
Speaker 6: buying your junk car, your total car from you. When
23:24
Speaker 6: they settle and they pay you X amount of dollars,
23:25
Speaker 6: but they're only really obligated to pay you apps some
23:30
Speaker 6: exceptional circumstances. The what'll be called the fair market value
23:35
Speaker 6: of your vehicle, and they use those value approved valuation
23:37
Speaker 6: methods to figure it out. Unfortunately, what we have a
23:41
Speaker 6: lot of times are folks like, well, one, I liked
23:43
Speaker 6: my car, so this isn't fair because it's just like
23:46
Speaker 6: I'm being forced to sell it. In essence, Sometimes the
23:51
Speaker 6: bigger problem is if you go and borrow money with
23:55
Speaker 6: very little down payment or none at all, and then
23:59
Speaker 6: year car is total within maybe the first year. Oftentimes
24:04
Speaker 6: it's upside down. Yeah, which is a term of art,
24:07
Speaker 6: but means that, oh, during this time period, before I've
24:12
Speaker 6: paid my loan down any further, the balance deal on
24:14
Speaker 6: my loan exceeded the value of my car. And then
24:20
Speaker 6: you're left in a quandary because the insurance company of
24:24
Speaker 6: the person that caused the accident in West Virginia is
24:28
Speaker 6: only obligated to pay that fair market value. So you
24:31
Speaker 6: might owe twenty thousand dollars on your car loan, but
24:36
Speaker 6: you can only get fifteen thousand dollars from the insurance company,
24:40
Speaker 6: and you're stuck with that outstanding balance. There is a
24:44
Speaker 6: way to I'm not sure you can buy this through
24:47
Speaker 6: a local agent. Agent could tell you, but there's what's
24:51
Speaker 6: called gap insurance gap, and that's what covers that difference.
24:56
Speaker 6: You normally buy when you buy your vehicle. There's a
25:00
Speaker 6: decent car salesman. They'll they'll make sure you're aware of
25:04
Speaker 6: it and offer it to you. And it's very small.
25:06
Speaker 6: It's a one time premium. But that scenario you get
25:10
Speaker 6: in a rack, you got fifteen thousand dollars paid from
25:12
Speaker 6: the insurance company, but your loan's twenty That gap insurance
25:15
Speaker 6: it's technical, but in essence it will cover that extra
25:18
Speaker 6: five grand. That way, you get your free and clear
25:21
Speaker 6: right and you can go and get another vehicle. Take
25:24
Speaker 6: a break.
25:24
Speaker 5: Yeah, let's do this. Let's go ahead and take a break.
25:26
Speaker 5: We have a call of caller, hang hang on on line.
25:28
Speaker 5: I want to go and get our breakut of the way.
25:29
Speaker 5: Then we can come back and we can spend some
25:31
Speaker 5: time on your phone.
25:31
Speaker 3: Call.
25:31
Speaker 5: So a hold one if you have a call as well,
25:33
Speaker 5: and give us a call this morning three zero four,
25:34
Speaker 5: three four five fifty to fifty. If you have a question,
25:36
Speaker 5: I mean, give us a call at three zero four
25:37
Speaker 5: three four five fifty to fifty eight. You can text
25:39
Speaker 5: three zero four nine three five five zero zero eight.
25:41
Speaker 5: You're listening to ask the lawyer this morning. Tom Payton
25:44
Speaker 5: is here from the Payton Law Firm in Nitro. West Virginia.
25:46
Speaker 5: Payton Law Firm dot Com.
25:47
Speaker 2: P E Y T O N.
25:48
Speaker 5: We'll take a break, be back right after this. I'm
25:50
Speaker 5: Dale Cooper. This is asked the lawyer five eight wchs
25:53
Speaker 5: the Voice of Charleston.
25:54
Speaker 4: If you've been injured, you need a lawyer who knows
25:56
Speaker 4: West Virginia because they live in West Virginia. Tom and
26:00
Speaker 4: Harvey Payton were born and raised here. They've spent decades
26:04
Speaker 4: fighting for injury victims, and they know how to get results.
26:07
Speaker 4: At the Peyton Law Firm, you get straight talk, strong representation,
26:12
Speaker 4: and local attorneys who care. Call seven five five fifty
26:16
Speaker 4: five fifty six today or visit Peyton Law Firm dot com.
26:19
Speaker 4: The attorney's referenced in this ad are lifelong residents and
26:22
Speaker 4: are licensed to practice law in the state of West Virginia.
26:25
Speaker 8: The West Virginia Book Festival returns to the Charleston Coliseum
26:28
Speaker 8: and Convention Center on Saturday, October twenty fifth. Meet Pulitzer
26:33
Speaker 8: Prize winner and West Virginia native Jane Anne Phillips, best
26:37
Speaker 8: selling author Neil Schusterman, novelist and professor Rajiya Hasib, and
26:43
Speaker 8: historical novelist Jeff Sharah Check out, the used book sale,
26:47
Speaker 8: children's wordplay, and the festival marketplace.
26:50
Speaker 2: It's all free.
26:51
Speaker 8: More details at WV book Festival dot org.
27:10
Speaker 5: You're listening to Ask the Lawyer five AWCCHS the Voice
27:12
Speaker 5: of Charleston. I recorded that traffic report before I came
27:15
Speaker 5: down here. I do want to give an update. There
27:16
Speaker 5: is an accident in the five hundred block of mccorkay
27:19
Speaker 5: Avenue in Saint Albans. That's been a season for a
27:22
Speaker 5: little while now, just since we started the show, but
27:24
Speaker 5: it looks like it's still backing up traffic. Both lanes
27:26
Speaker 5: closed mccorkory Avenue in the five hundred block in Saint Albans,
27:30
Speaker 5: so you can expect some delays in that area. You're
27:32
Speaker 5: listening to Ask the Lawyer This Morning. Tom Payton is
27:34
Speaker 5: in the studio with This Morning. I have a phone
27:36
Speaker 5: call that's called in while we were on the break.
27:38
Speaker 5: I call it go ahead. What's your first name?
27:41
Speaker 7: If you're talking to me? Yes, sir, I didn't call
27:44
Speaker 7: in before the break. I just now called in.
27:47
Speaker 5: Oh, okay, well what's your first name?
27:49
Speaker 7: Okay? This is Jerry. And in two thousand and four
27:54
Speaker 7: I bought a brand new sports car very small between
27:58
Speaker 7: two thousand and four. In two thousand and six, that
28:02
Speaker 7: car was hit five times while parked, and everybody had
28:09
Speaker 7: the same excuse, yeah, yeah, yeah, right, I didn't see it,
28:15
Speaker 7: and I would. I started saying, if that was a
28:19
Speaker 7: you know, seventy pound child, I could maybe understand it,
28:25
Speaker 7: But you know, this was a two thousand pound car.
28:28
Speaker 7: How can you not see it? But that's beside the point.
28:31
Speaker 7: As their insurance companies paid for the damages. Some of
28:36
Speaker 7: the insurance companies gave me a I hope I've got
28:40
Speaker 7: this right, loss of value pain right. Other insurance companies
28:46
Speaker 7: would not. And of course loss of value to a
28:51
Speaker 7: person that's been damaged is very important because that damage
28:56
Speaker 7: goes on car facts and when you go to trade
29:00
Speaker 7: that car in or sell that car, and they look
29:04
Speaker 7: at car facts and say, wow, your car was hit
29:07
Speaker 7: five times, so you've automatically lost a lot of money
29:12
Speaker 7: in the trade in or the sale. So I think
29:16
Speaker 7: it's important to try to get this loss of value
29:21
Speaker 7: if your car's been damaged. But it's my understanding. There's
29:24
Speaker 7: no law that says these insurance companies must give you that,
29:30
Speaker 7: and I think they all should because a lot of
29:34
Speaker 7: people don't even think about that. When their car's damaged.
29:38
Speaker 7: They say, well, the insurance company's going to fix it.
29:41
Speaker 7: Everything's fine until they go to sell or trade the
29:46
Speaker 7: car in and they find out that that accident three
29:49
Speaker 7: years ago has lost them one thousand dollars or two
29:53
Speaker 7: thousand dollars or whatever it is. So I just wanted
29:57
Speaker 7: to bring that point up. If you have any comments.
30:00
Speaker 6: I have a comment that's an aggrievance. I hear a
30:03
Speaker 6: lot from my clients and my friend Larry Dawson that
30:07
Speaker 6: does the show sometimes. He's a car expert, certainly valuation
30:11
Speaker 6: expert on vehicles, and we've used him before on SO
30:14
Speaker 6: in West Virginia. And this is really, of course, good
30:18
Speaker 6: luck getting the legislature to modify the law.
30:20
Speaker 2: They could.
30:21
Speaker 6: I think they're already gearing up to make it more
30:25
Speaker 6: difficult on regular consumers and allow insurance companies to make
30:29
Speaker 6: more money. We'll see if they take it up the session.
30:31
Speaker 6: But diminished value you can get if somebody else hits
30:35
Speaker 6: your vehicle. So that's the difference, you know, the pre
30:39
Speaker 6: accident value verse post accident value after repair, Because no
30:44
Speaker 6: matter what type of accident you're in, if you have
30:46
Speaker 6: exactly the same vehicle. On's had some repair work done
30:50
Speaker 6: to an accident, the other one hasn't. Somebody will want
30:54
Speaker 6: to buy the non crashed vehic, non repaired vehicle every
30:58
Speaker 6: single time. The only way in which you can open
31:02
Speaker 6: the windows, so to speak, to get diminished value is
31:06
Speaker 6: if you have quote, structural damage to your car. So
31:10
Speaker 6: and some insurance companies are a little more liberal on
31:14
Speaker 6: their interpretation of those words. And that's western of Supreme
31:18
Speaker 6: Court law, common law, not in a statute. So the
31:22
Speaker 6: word structural damage is key generally in the insurance industry
31:28
Speaker 6: and claims we take where there's some diminished value claim
31:33
Speaker 6: made is when structural damage is defined in essence, if
31:37
Speaker 6: there's frame damage or you have a permanent you know,
31:41
Speaker 6: maybe symptom after the repair, some vibration, some pulling, something
31:45
Speaker 6: like that, then you can get diminished value. But you're right, Jerry,
31:50
Speaker 6: if it's a ding in a parking lot and it's
31:54
Speaker 6: a bumper or something to do with your body, the
31:56
Speaker 6: body of your vehicle, only, you really can't diminished value
32:01
Speaker 6: in West Virginia. And it's I think it's unfair because
32:04
Speaker 6: it's you know, the idea of the civil justice system
32:06
Speaker 6: is to if it's not your fault and it's somebody
32:09
Speaker 6: else's fault, just negligence. It happens, but it's frustrating when
32:12
Speaker 6: you didn't do anything wrong and somebody else wasn't paying
32:14
Speaker 6: attention you ought to be. The law can't make your
32:18
Speaker 6: health better. The law can't fix your car or magically
32:21
Speaker 6: make it what it was before the accident. But the
32:23
Speaker 6: law is intended to with money, try and make you
32:27
Speaker 6: what's called hole again, meaning put you in the place
32:29
Speaker 6: you were in the best money can do before the
32:33
Speaker 6: accident happened. And so obviously there is a loss of
32:38
Speaker 6: value of your car, but there's a gap in West
32:41
Speaker 6: Virginia law right now where you're not permitted to get
32:43
Speaker 6: that difference in value unless you have structural damage. So
32:50
Speaker 6: that's that's the So I hear Jerry's grievance there, and
32:55
Speaker 6: I agree with him one hundred percent. But you so
32:57
Speaker 6: you can get it in West Virginia, but you've got
33:00
Speaker 6: to have structural damage first, and that kind of opens
33:03
Speaker 6: the window. Then you've got to do an analysis, maybe
33:05
Speaker 6: get Larry Dawson or some other expert to say, well,
33:08
Speaker 6: here's what it's worth now versus what it was before.
33:10
Speaker 5: Thanks for your call, Jerry, appreciate you calling. And we
33:12
Speaker 5: have another caller which try to squeeze in before we
33:14
Speaker 5: have to leave the airways. Go ahead, what's your first name?
33:17
Speaker 9: See?
33:18
Speaker 5: Go ahead, Steve. What's your question for Tom?
33:22
Speaker 9: Okay? If I'm driving along and I hit a cow
33:26
Speaker 9: or any other livestock, the farmer is going to make
33:30
Speaker 9: me whole. But if I miss the cow and go
33:34
Speaker 9: around the corner and the deer jumps out and totals
33:38
Speaker 9: my car, I have whatever the insurance company is going
33:42
Speaker 9: to give me for the value minus my deductible. But
33:47
Speaker 9: I can't turn around on Department of Natural Resources and
33:52
Speaker 9: recoup whatever loss I have.
33:55
Speaker 2: That's right.
33:56
Speaker 9: So they're supposed to be controlling these them. So what
34:03
Speaker 9: recourse does the state resident have?
34:06
Speaker 6: Well, so you got to the population, sure, and that's
34:11
Speaker 6: I think probably it's you're not going to have a
34:15
Speaker 6: viable claim against the state just because it's just so expansive,
34:19
Speaker 6: you know, wilderness and things like that. Now that what
34:21
Speaker 6: you have and what you're referencing is you would have
34:23
Speaker 6: a collision or comprehensive claim on your own policy where
34:26
Speaker 6: you have a deductible if somebody else is at fault.
34:28
Speaker 2: There's no deductible. Now, we've had cases, uh.
34:32
Speaker 6: And the reason why farmers could potentially be responsible is
34:36
Speaker 6: because it's their duty to keep their cattle, you know,
34:39
Speaker 6: secured properly. Sometimes they get loose, they leave an offense
34:43
Speaker 6: isn't mended, or they leave the gate unlocked, and then
34:46
Speaker 6: you get an animal on the cow or on the
34:50
Speaker 6: red and somebody and they can do an awful lot
34:51
Speaker 6: of damage. Then you would have a liability claim, meaning
34:55
Speaker 6: it's it's somebody else's fault because it's their domesticated animal,
35:00
Speaker 6: and then you get one hundred percent of your damage
35:02
Speaker 6: is without a deductible. But I understand what you're saying. Now,
35:08
Speaker 6: maybe take that another step. If you have let's say
35:11
Speaker 6: you hit a pothole, uh, then you do have a
35:14
Speaker 6: claim against the state if the pothole causes you to wreck.
35:18
Speaker 6: The state is immune from those type of lawsuits in
35:21
Speaker 6: general courts, but you can go through what it's called
35:24
Speaker 6: the Legislative Claims Commission. Now it's kind of an administrative claim,
35:26
Speaker 6: but you can try and prove it and get full
35:28
Speaker 6: damages there. But I've not heard of one in relation
35:33
Speaker 6: to deer, unless it was a private deer heard somewhere,
35:36
Speaker 6: and it's just I think that's so expansive.
35:40
Speaker 9: It's just basically den or although they're supposed to manage
35:47
Speaker 9: the steer in terms of population, if they don't do
35:52
Speaker 9: their job, residents pay for if I as a deer
35:57
Speaker 9: destroying property left and right, and we can anything.
36:01
Speaker 6: Yeah, I think Unfortunately, you know, I think that's probably right.
36:04
Speaker 6: It's just it's a bit too expansive to try and
36:08
Speaker 6: put that type of liability on the state for a
36:12
Speaker 6: wild life Now, if they haven't secured at let's say
36:14
Speaker 6: we have a new elk herd uh and they have
36:17
Speaker 6: to quarantine them for a while, and they're in an enclosure,
36:19
Speaker 6: and the state fails to keep their enclosure in place,
36:23
Speaker 6: and say down in Logan County, I think that's where
36:24
Speaker 6: they put a lot of the elk that they ship
36:27
Speaker 6: from out of state. Then one gets out there, then
36:29
Speaker 6: it's a different scenario. I think you would potentially have
36:31
Speaker 6: a claim, but otherwise, uh no, I don't think there
36:34
Speaker 6: will be a valid claim there. Unfortunately, we're getting close
36:37
Speaker 6: to being out of time.
36:38
Speaker 3: Yeah.
36:38
Speaker 6: I want to send a quick shout out to my
36:40
Speaker 6: friend Sam Odell and he's the hurricane high school boys
36:46
Speaker 6: golf coach.
36:47
Speaker 5: Great.
36:48
Speaker 2: Both his kids play on the team.
36:50
Speaker 5: He was a great golfer himself for the yea yeah, yeah,
36:52
Speaker 5: yeah yeah. I mean he was a lot of the
36:54
Speaker 5: Prims Hall of Famer, Western Golf Association Hall of Famer.
37:01
Speaker 5: But you know, I was president of sleep Your Hollow
37:03
Speaker 5: Golf Club for a number of years and we kind
37:05
Speaker 5: of watched his two boys are on the team and
37:08
Speaker 5: another boy it works at the pro shop.
37:11
Speaker 2: There there's four.
37:14
Speaker 6: I think Davis is the last one, but I don't
37:16
Speaker 6: know if he's works. We kind of see him grow
37:18
Speaker 6: up and become young men and golfers, and they ran
37:23
Speaker 6: away with the state golf tournament yesterday in the quad eight.
37:27
Speaker 6: So I want to give him a little shout out
37:29
Speaker 6: and congratulate the Hurricane golf team for doing really well
37:31
Speaker 6: and always gives us great pride when you see these
37:34
Speaker 6: kids grow up around the golf course and develop, and
37:37
Speaker 6: good to see him do really well.
37:40
Speaker 5: That's good stuff. Once again, that's Tom Payton from the
37:42
Speaker 5: Path and Law Firm. We get the information out to
37:44
Speaker 5: you one last time. Paython Law Firm Online. It's pey
37:46
Speaker 5: t you in paythan Lawfirm dot com. You'll find him
37:48
Speaker 5: a Nitro West Virginia phone number three zero four seven
37:51
Speaker 5: five five fifty five fifty six. Threes are A four
37:53
Speaker 5: seven five five fifty five fifty six three zero four
37:56
Speaker 5: seven five five fifty five to fifty six. You can
37:58
Speaker 5: go to WHS network dot com slash podcast and find
38:01
Speaker 5: any of our past episodes that will be up on
38:04
Speaker 5: there if you want to listen to any of the archives.
38:06
Speaker 5: Every Thursday at eight twenty, either Tom or Harvey or
38:08
Speaker 5: in studio with us four Ask the Lawyer and I
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Speaker 5: guess we'll see you back here next week. Sounds good,
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Speaker 5: look forward to it. Look forward to it as well.
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Speaker 5: That's Tom Payton from the Pathon Law Firm again. Payton
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Speaker 5: Lawfirm dot com. P E y t O N seven
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Speaker 5: five five fifty five fifty six. Coming up next, Dave
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Speaker 5: Allen on the Dave Allens Show for five eighty Live.
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Speaker 5: We'll be right around the corner, followed by a talk
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Speaker 5: line with Dave Wilson and TJ and then Dave Allen
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Speaker 5: and Amanda will be back this afternoon one midday. Have
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Speaker 5: a great day, everyone listening to five adw c HS
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Speaker 5: The Voice of Charleston.
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Speaker 4: Five EDWHSA ninety six point five f M Charleston at
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Speaker 4: one four point five cross lanes that.
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Speaker 2: Sell UVRC Media station. We are proud to live here too,