If I have been injured in a car accident what should I do?

How do I get my medical bills paid?

What if the driver of the other vehicle does not have insurance?

Why can't I just deal with the insurance company?

How much does it cost for a title search?

Do I have to have a title search or title insurance?

Can I do my own Will?

What happens if someone dies without a will?

Do all estates have to be probated?

If I have been injured in a car accident what should I do? (Top)

The first thing you should do is seek appropriate medical care. Your first and foremost concern should be your health. You should notify the police of the incident and also your own auto insurance carrier, even if you were not at fault.

How do I get my medical bills paid? (Top)

The answer to this question varies from case to case. There are a number of options. If you have health insurance you can submit your bills to the health insurance company. The health insurer may not pay the bill if it decides someone else is at fault. If it does pay, most health insurance policies require you to pay them back if you recover from the person who hurt you. Because of certain provisions in Maine law you may not have to pay back 100% of what the insurance carrier paid.

Medical payment insurance under the auto insurance policy in question may also be responsible. This coverage is generally limited and again if it is paid by the medical payment insurance carrier you may have to pay them back if you receive money from the individual or company that hurt you.

This can be a complicated area and you should seek the advice of an attorney who concentrates in this area of the law.

What if the driver of the other vehicle does not have insurance?   (Top)

Just because there is no insurance that does not mean you cannot recover from the person who injured you. If they were negligent you generally have the right to recover directly from them. In addition every Maine insurance policy has to include an "uninsured motorist" insurance provision. This is a type of insurance that allows your own insurance policy to pay you if the other driver in the accident was at fault and did not have car insurance.

What policy of insurance applies and to what extent is a complicated area of the law and you should seek the assistance of a lawyer with experience in this area of the law.

Why can't I just deal with the insurance company?   (Top)

If another is at fault in the accident, you can deal with that person's insurance company yourself. But you must remember it is the insurance adjuster's role to pay you as little as possible to resolve your claim. Insurance carriers are for profit businesses and generally have their own interests, not yours, in mind. You must also remember that the adjuster you deal with will generally be very experienced in these matters whereas you probably have never dealt with this type of situation before. Again it would be wise to consult an experienced personal injury attorney.

How much does it cost for a title search?   (Top)

If you or a previous owner has had a title search performed in the past, an update to that title can cost as little as $125. A full title search ranges from $450 upwards depending on the difficulty of the search.

Do I have to have a title search or title insurance?   (Top)

If you are borrowing money from a bank to purchase property, or are mortgaging a piece of property you already own, the bank will require a title search and title insurance which protects the bank. You may also purchase your own title insurance policy for a one-time additional fee that depends on the value of the property being insured.

If no bank is involved, you as a purchaser must make the decision of whether or not to have a title search done. The pitfall of not having the title searched is that other people may have a right to own, use, or foreclose on the property you are buying. The law will not protect you from these claims because you have the ability to discover them prior to purchasing the property.

If you plan on obtaining financing in the future in order to improve the property, a title search will be required at that time. If there are problems with your title, you will not be able to obtain financing and may have a very difficult time reselling the property.

A title search is highly recommended both to inform you of what you are buying and to avoid problems in the future. It is worth the one-time fee for title insurance once you have had the title searched in case any problems do arise in the future. Title insurance provides a legal defense if anyone claims to have an interest in your property, and it also covers you for any loss you incur if such a claim succeeds.

Can I do my own Will?   (Top)

If you are 18 years old and competent the answer is technically yes. However there are a number of reasons for you to consult an attorney in this regard. Just some of the things to consider are:

1) Will the property or assets I want to pass to a beneficiary in my will actually go to them? For example property held in joint tenancy will generally pass to the surviving joint tenant. A pension, IRA or life insurance policy will generally pass to the specific named beneficiary;

2) What if the individual I devise the property to under my will dies before I do? Should I provide for this contingency?

3) What if my children are minors, who should I name as guardian?

4) If my children are minors should I set up a trust for them until they reach a certain age. If so who should be trustee? What if a child dies before the trust terminates, to whom will his or her share pass?

Outside the technical requirements of witnessing, the number of witnesses, etc. the above are just a few of the questions you must consider. It is clearly in your best interest to consult an experienced attorney in regards to how you want your estate to pass.

What happens if I die without a will?   (Top)

If you die without a will and have estate assets which must be probated, the assets will pass in accordance with the portion of Maine law known as the Uniform Probate Code. They very well may not pass to the person or persons of your choice.

Do all estates have to be probated?   (Top)

If your assets are all held in joint tenancy or if you have a specific beneficiary on particular forms of assets such as life insurance, pension, or IRA's, there may be no estate to probate. You should seek the advice of experienced counsel and discuss how your assets are held and how you wish to pass these assets upon your death. Proper estate planning can assist you in avoiding probate.