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Motorcycle Accident: Does a Helmet Help My Case?

We hear the question a lot.  “If I am injured in a motorcycle accident without wearing a helmet, can I still recover for my injuries, medical bills, and lost wages?  The answer depends on where the motorcycle accident happened. In Kansas, the law does not require motorcyclists to wear a helmet.  Therefore, no comparative fault can be assessed against the rider if the accident happened in Kansas. Still, it is wise to wear a helmet. Even though a Kansas jury cannot assess fault for failing to wear a helmet, it is not uncommon for members of the jury to carry some prejudice against a rider who chose not to wear a helmet.  This may cause the jury to have a lesser opinion of your claimed injuries and the resulting damages. Missouri law does require motorcyclists to wear a helmet. Therefore, if the motorcycle accident occurs in Missouri and the rider suffers injuries related to head trauma, the defendant can argue that the plaintiff was partially at fault for causing his or her own injuries and damages by not wearing a helmet.  A helmet-less rider that suffers traumatic brain injury, concussion, or other injury to his head as a result of the negligence or inattention of another driver may still be able to recover damages from that driver, including payment for medical expenses, but his/her total recovery could be reduced (sometimes significantly) by the percentage of fault assessed to the motorcyclist as a result of failing to wear their helmet. This is called “comparative fault.”  On the other hand, if the injuries were unrelated to the head, such as a fractured leg or a herniated spinal disc, then it is unlikely that any comparative fault would be assessed for failure to wear a helmet.

Appeals: Kansas Supreme Court

Next in Morefield Speicher Bachman’s series on law for non-lawyers, is a discussion about appeals in Kansas.  This article will look at what the appellate courts do and the differences between the two levels of appellate courts. On March 9, 2016, Kansas residents will get the opportunity to attend a session of the Kansas Supreme Court at historic Topeka High School.  The Court will hear oral arguments in several cases followed by an informal reception to meet the public.  For more information about the special Kansas Supreme Court evening session at Topeka High School, visit the Court’s website.  This is a great opportunity for students with an interest in the law and for the general public to see the Kansas Supreme Court in action. How Do Cases Get to the Kansas Supreme Court? There are two levels of appellate courts in Kansas – the Court of Appeals and the Supreme Court. Despite what many people think, the parties to a lawsuit do not have the ability to appeal every decision made by a lower court. After a trial, if one of the parties believes that the District Court made an error of law that affected the outcome of the case, that party can file an appeal in the Kansas Court of Appeals. The appealing party files a document called a Notice of Appeal. Each party then files a brief explaining their position in the case to the Court of Appeals.  After the briefs have been filed, the Court of Appeals schedules an oral argument, usually before a panel of three judges. At the oral argument, each party typically has 15 minutes to present their case although the Court will permit up to 30 minutes per side in special cases. In most cases, the appellate judges will pepper the lawyers with questions about the case and about the law. This process allows the Court to clarify the positions of the parties and to explore the ramifications of any decision they make. The Kansas Court of Appeals hears most appeals from the trial courts with the exception of certain cases involving certain constitutional questions or questions relating to certain major felonies. The parties in a case that has been tried in the trial court have a right to appeal errors of law to the Kansas Court of Appeals.  The Kansas Supreme Court has jurisdiction over appeals involving the death sentence, cases where a statute was declared unconstitutional, and discretionary review of cases that were decided by the Court of Appeals. The parties to a civil case do not have a right to have their case heard by the Kansas Supreme Court, even if they are unhappy with the outcome at the Court of Appeals.  The parties can request review by the Supreme Court, but the Supreme Court determines which cases it will hear.

Mediation and Alternative Dispute Resolution

This is the third article in our “Law for Non-Lawyers” series. If you are involved in a lawsuit, you should ask your lawyers about mediation or alternative dispute resolution. Alternative dispute resolution (“ADR”) refers to any method of resolving a claim that is an alternative to trial. ADR includes mediation, arbitration, summary jury trial and conciliation. Mediation is the most common ADR method. Mediation is used in cases involving construction issues, business disputes, personal injury, auto accident, wrongful death, and virtually any other type of issue. Although judges sometimes order parties to mediate, settlement during mediation is voluntary. In mediation, the parties decide whether to resolve their case out of court and, if so, how to resolve the case.  This is one of the great advantages of mediation over trial. Mediation is a formal settlement discussion that is guided and managed by a mediator.  Mediators are sometimes referred to as “neutrals” because they don’t work for either party. The mediator is typically chosen by agreement of the parties and their attorneys. Most mediators are retired judges or experienced trial lawyers. Before the mediation, each lawyer typically sends a summary of his or her client’s legal position to the mediator and sometimes talks with the mediator about the case. At this stage, the attorneys are helping the mediator understand the facts and law that control the case. In some cases, the parties decide to exchange the mediation case summaries with each other. The mediation usually begins with a joint session with the mediator. The mediator will explain the process to the parties and have them sign a confidentiality agreement. Statements made by the parties in mediation cannot be used against them if the case goes to trial. Likewise, the mediator cannot be compelled to testify at trial about anything he or she learned in the mediation process. At many mediations, the lawyers will then make opening statements explaining their client’s side of the dispute. The purpose of the opening statement is to let the other side know enough about the case to be willing to settle. In cases where the parties’ emotions are expected to run high, the mediator may encourage the attorneys to skip the opening statement to avoid increasing the tension and reducing the willingness of the parties to settle. The next stage includes caucus sessions. The mediator will put each of the parties in a separate room with their lawyer.  The mediator will then meet with each side privately. What happens during the caucus sessions will depend in part on the mediator’s mediation style. Some mediators use a facilitative style and others use an evaluative style. In facilitative mediation, the mediator asks questions of the parties, tries to discern what their ultimate interests are and tries to help the parties find and analyze options for resolving their disputes. In the facilitative model, the mediator does not push the parties to reach a resolution, but is more of a guide. The mediator will take settlement proposals back and forth between the parties. In evaluative mediation, the mediator asks questions of the parties, analyzes the law, and tries to help the parties see the weaknesses in their positions. The evaluative mediator encourages settlement by helping the parties objectively understand the weaknesses of their case. The mediator helps each party determine its “Best Alternative To a Negotiated Agreement” or “BATNA” for short. The BATNA is the best you can do if the other party refuses to negotiate or tells you to jump in a lake. Knowing the BATNA can help a party weigh the risk of walking away from the mediation against benefit of the amount offered or demanded by the other party. In the greater Kansas City area, the evaluative model is more common in most business and personal injury mediations. Although less common, the facilitative model is useful when the parties need to resolve more issues than just the payment of money. For example, in a slander case it may be particularly important to the victim to have the other party publicly apologize or publicly retract their slanderous statement. The victim may be willing to accept less money if his or her reputation can be restored. Most good mediators have the ability to use either model of mediation depending on what is most appropriate for the case. If you will be mediating your case, tell your lawyer about anything other than money that could affect your interest in settlement. Your lawyer needs that information to select the most appropriate mediator for your case and to effectively represent you in the process. At Morefield Speicher Bachman, LC, our lawyers have extensive experience representing clients in mediation. Richard Morefield is a trained mediator with experience mediating a variety of business and other issues. He welcomes the opportunity to serve as a mediator in both business and personal injury cases. He is on the approved mediator panel for the United States District Court for the Western District of Missouri. If you have questions about mediation or need a trained mediator, don’t hesitate to contact our firm.

Hearsay Evidence: Legal Basics for Non-Lawyers

If you have ever watched a legal thriller or read a John Grisham novel, you have heard attorneys or judges use the word “hearsay”. If you are involved in a lawsuit, it is helpful to have a basic understanding of this legal term. Hearsay is a type of statement that is typically not allowed as evidence in court. In legal terms, hearsay is an out of court statement used to prove the truth of the matter asserted. See, Federal Rule of Evidence (FRE) 801. For example, if we need to prove that John was at the post office on Monday, we can’t have Susan testify that John told her he was at the post office on Monday. Witnesses are only allowed to testify about what they have personally seen, experienced, or heard. The reason for this rule is that it is unfair to the other party if they can’t cross-examine John about his whereabouts. An out of court statement is simply something that a person said when they were not in court. There are several types of out of court statements that look like hearsay, but are still admissible. For example, when a witness makes a sudden exclamation out of surprise or fear or excitement, this can come into evidence. When certain requirements are met, business records may be admissible. Prior sworn testimony can be admitted into evidence. If you are the person who sued someone (“the plaintiff”) or if you have been sued (“the defendant”), it is essential for you to remember that the statements you make out of court are NOT hearsay. If you talk about something related to your lawsuit out of court, other people can testify about what you said. Under the law, this is called an admission of a party. Similarly, anything your opponent says out of court is an admission that may come into evidence. There are many nuances to the rule against hearsay that a skilled trial lawyer can use to get hearsay into evidence or keep it out. If your lawyer knows about out of court statements that hurt your case, your lawyer may be able to keep them out of evidence. The most important takeaway is to keep your lawyer informed about everything you have said about your case to other people. You should not discuss your case with anyone outside of your legal team. Also, inform your lawyer about everything you have heard anyone else say about the facts of your case. If you are our client and have questions about hearsay, one of our experienced trial lawyers would be glad to answer your questions.

After a car accident, should I give a statement to the other driver’s insurer?

When you are injured in a car, truck, or motorcycle accident caused by someone else’s negligence you will likely be asked by the at-fault driver’s insurance company to make a statement about the wreck and your injuries. If you have hired an attorney to represent you, you should make your attorney aware that you have been asked to give a statement. If you do not have an attorney, the decision to give a recorded statement to any insurance representative should be made with careful consideration.  You are not required to give your recorded statement, and there are many factors to consider, such as:  who is taking the statement, what information is the person trying to discover, and what benefit will you receive from allowing your statement to be recorded. If you make the decision to give your recorded statement, it may be wise to schedule a specific appointment time so that you can avoid distractions, and be completely focused on what questions are being asked.  Then, before this appointment, it is often a good idea to write out everything you remember about what happened in the accident.  It is important to take plenty of time to make your best recollection, and then convey that recollection as clearly, briefly, and accurately as possible. If you are asked about injuries you suffered as a result of the accident, describe your symptoms in detail. Do not list your diagnoses. You are not your doctor and you likely have not reviewed all of your medical records. If you respond by trying to remember the different diagnoses your doctor may have discussed with you, you may end up leaving something out or misstating the injury or treatment. To give the most complete answer, state your physical symptoms. For example, instead of saying “I have a back strain” you might say “I have sharp stabbing pains, and a burning sensation, in my back and neck every day.” or “I have difficulty turning my head without pain.” If you decide to give a recorded statement, and you are unsure about any question you are asked, don’t hesitate to ask the insurance adjuster to rephrase their question so that you clearly understand what they are asking. Also, if you become uncomfortable with any questions, politely notify them that you are going to respectfully decline to answer that question. Finally, if you decide to give a recorded statement, be sure to first get their agreement on the recording to send you a full and complete copy of your statement after it’s completed.

When Should You Call a Car Accident Attorney?

After suffering injuries in a car accident caused by somebody else’s negligence, most people are focused on getting the medical treatment they need to recover. This is especially true in instances of catastrophic injuries such as broken bones, traumatic brain injury, and spinal cord injuries. Your first thought probably isn’t “I wonder if I should call an attorney?” Even after the healing has begun, you may still not think about contacting an attorney right away especially if things seem to be rolling along with the at-fault driver’s insurance company. Here are some things to consider when deciding whether to call a car accident attorney sooner rather than later. The at-fault driver’s insurance company is not there to serve you. An insurance claims adjuster’s job is to gather information about any potential personal injury claims, and then to use that information to minimize the value of your claim for damages against the at-fault driver and their insurance company. They’re not bad people. It’s just their job. Knowing what to say, and what not to say, could be the pivotal factor in whether you make a recovery for your damages. The insurance company will likely want to take your statement about how the car accident occurred, the nature and extent of your injuries, etc. Again, they are just doing their job. However, what you say regarding the accident or your injuries could be later misconstrued, and used against you in favor of the insurance company. It is critical to know and understand what documents and information will be necessary to prove the value of your damages claim. Unfortunately, significant pieces of evidence, like photographs of the wrecked vehicles, photographs of the injuries, and a first-hand account of ways the injuries have impacted your day-to-day activities, can be lost or diminished if not gathered immediately after the wreck. Kansas and Missouri both have specific time limits on when and where you must bring a claim for personal injury. This is called the Statute of Limitations. Generally, you must bring a claim (i.e. file your lawsuit) within two (2) years from the date of an auto accident in Kansas, and within five (5) years in Missouri. There are exceptions when the injured party is a minor. An experienced personal injury lawyer will be able to explain the process, and help you determine where and when you would need to file a lawsuit to protect your rights. Many car accident attorneys in and around Kansas City, including Morefield Speicher Bachman, LC, offer a free initial consultation to discuss whether hiring an attorney is right for you. At that price, everyone can afford to buy some peace of mind.

Missouri Lien Law 201

From the Court of Appeals of Missouri, Eastern District, came a case of “first impression,” on 2 different issues concerning mechanic’s liens in Missouri. The case is Midwest Floor Co. v. Micelli Development Co., 304 S.W.3d 243 (Mo. Ct. App. E.D. 2009), for those who care to find and read the entire case. Various plaintiffs and defendants from the lower court decision were not parties to the case reviewed by the Court of Appeals, which was between Kelpe Contracting, who had filed a mechanic’s lien against property of some home owners (the Preckels) and their builder (Miceli). The holdings were both contractor friendly. And while neither holding may be a surprise to constructors, they are worth reviewing to remind us all that nothing should be taken for granted when it comes to lien laws. The facts of the case are that in May 2006 Kelpe Contracting was hired by Miceli, a developer, to stabilize a steep slope so that a rear entry garage could be constructed on a new home being built for sale by Miceli. The contract was set for $116,650. The work was started by Kelpe, but Kelpe could not locate stable ground and work temporarily halted to assess the situation and design. On September 21, 2006 Kelpe offered a second proposal in the amount of $45,894 related to a retaining wall to accommodate the rear entry garage. One day later, on September 22, 2006, the Preckels purchased the property and filed their deed. When Kelpe was not paid for the work done under either proposal, a lien was filed by Kelpe against the property, which then owned by the Preckels. Kelpe filed and won summary judgment, and the Preckels appealed. The basis of the Preckel’s appeal was two fold. First, they contended the lien was fatally defective because it contained “non-lienable items.” They correctly cited RSMo § 429.101, which states that a mechanic’s lien is only available for a person who “shall do or perform any work or labor upon the land.” Their argument was that Kelpe had subcontracted the work and, therefore, did not themselves perform work or labor upon the land. Amazingly, this was the first time this angle had ever been brought up to the court for interpretation. Thankfully the Court held Kelpe did in fact perform the work by furnishing labor through subcontractors and that to accept the Preckel’s interpretation of the lien law would deny Kelpe security for the labor it had furnished (through subcontractors). The Court held lien claimants may include the work performed by subcontractors in their mechanic’s liens. Whew…that’s great to know considering the hundreds, if not thousands, of liens that have been filed over the years by general contractors for work performed many times, if not most of the time, by subcontractors! Had the Court found otherwise, there would most certainly have been an immediate move in the Missouri legislature to amend the lien laws to correct what would have been the new interpretation of Missouri’s lien laws. There would have been numerous invalid liens in the pipeline, potentially leading to just as many claims of legal malpractice. So it’s easy to see why the holding of this case was just as important to construction lawyers as it was to the constructors. Thank you Court of Appeals! The second holding from the Court concerns the timing of the lien statement. The Preckels argued that there were two contracts for the work performed by Kelpe and, as a result, Kelpe was required to file two separate liens on the property instead of just the one that was filed. The Preckels argued the first work was abandoned before the second work began, so Kelpe should have filed a lien on the first work within 6 months from the last day on phase 1, and then another lien should have been filed on the retaining wall work within 6 months after the last day worked on phase 2. Again the Court of Appeals came through with a logical (and correct in the eyes of constructors everywhere) holding. First know this, if there are been two distinct, unrelated contracts, the Court may well have sided with the home owners; however, ultimately the court held that the work performed by Kelpe under both contracts was “necessary to accomplish one goal.” The Court found the work was never abandoned, just temporarily stopped to formulate plans to overcome unforeseen obstacles. The important thing from the holding is the “necessary to accomplish one goal.” That made the single lien for both contracts appropriate and enforceable in the eyes of the Court. Because both contracts were performed to “accomplish one goal,” the timing of the lien was tied to the last day worked on the second contract, and the lien was timely filed. This is but another example of how mechanic’s lien laws are like an onion…just when you think you know how to read and interpret the statutes, you have to peel back another layer and go deeper into the cases to find how the courts have interpreted those very statutes. Mechanic lien laws vary from state to state…so the very best advice and counsel I can leave you with is to always consult with a well-qualified, experienced construction lawyer that is familiar with the laws in the state where the project is located.

Meet Morefield Speicher Bachman, LC’s Newest Paralegal

Morefield Speicher Bachman, LC is pleased to welcome paralegal Aimee Burton to the MSB family.  Aimee received her Associate of Arts degree from Coastal Carolina Community College.   She gained valuable paralegal experience while volunteering for a criminal defense attorney in North Carolina before moving back to Overland Park, Kansas.  She joined Morefield Speicher Bachman, LC in September 2015 and has already proven herself to be a valuable addition to the firm.

Law for Non-Lawyers: Can I Recover Damages If I Was Partly At Fault?

In negligence cases, one of the first issues a personal injury lawyer considers is who was at fault.  In non-legal terms, negligence cases are those in which the injured person (the plaintiff) claims that someone else (the defendant) was not careful enough and this lack of care resulted in an injury to the plaintiff. In most Kansas and Missouri negligence cases, the judge or the jury will compare the fault of the plaintiff and the defendant (the party who was sued). Lawyers and judges use the term “comparative fault” to describe this process.  At the end of a case that goes to trial, the judge or the jury will determine what portion of the fault belongs to each party. For example, consider a typical intersection collision. Let’s assume that John Smith was driving north on State Line Road through the intersection with 103rd Street.  Assume that Sally Jones was driving east on 103rd Street where it intersects with State Line Road.  The two drivers collide somewhere in the middle.  If John Smith ran a red light, the wreck is probably 100% his responsibility.  On the other hand, if Sally Jones was driving 95 miles per hour towards State Line Road, and John had a green light, the wreck is probably 100% her responsibility.  But, what if Sally was driving too fast and John was making a left turn, but started his turn after the light had turned red?  In that case, the jury or judge will have to determine what percentage of the fault belongs to John and what percentage belongs to Sally. How the judge or jury divides the fault will have a big impact on how much the defendant has to pay.  Let’s assume that everyone agrees John suffered $100,000.00 in harms and losses from the wreck and that Sally has no losses.  If John is 100% responsible, he recovers nothing. Sally only has to pay for her percentage of fault.  If Sally is 100% responsible, Sally must pay the full $100,000.00.  If Sally is only 60% at fault, she only has to pay $60,000.00 (60% of the $100,000.00 in losses to John). Can John recover money from Sally if John and Sally are equally at fault?  The answer depends on whether the collision happened on the Missouri side or the Kansas side of the state line.  In our example, the accident takes place close to the Missouri and Kansas border. If the collision happened in Missouri, John would still recover 50% or $50,000.00.  Missouri uses a system called pure comparative fault.  Everyone is responsible for their own negligence no matter how significant or insignificant their fault is. In fact, if John was 90% at fault and Sally was only 10% at fault, Sally would have to pay John $10,000.00 (10% of the $100,000.00 in losses to John). If the collision happened in Kansas, the outcome could be very different. Kansas uses a system called modified comparative fault. Under the Kansas system, an injured person can only recover from the other party if the injured person is less than 50% at fault. If John is 50% or more at fault in our example, he loses his lawsuit. Although many of the laws in Missouri and Kansas are very similar, there are many differences that can significantly affect the value of a case. If you have been involved in an accident and talk with an attorney, he or she will need to know where the accident happened and how it happened. If John and Sally were each 50% at fault and the accident happened in Jackson County, Missouri, John’s case would be worth $50,000.00. If the accident happened in Johnson County, Kansas, just to the west of the Missouri-Kansas border, the case would be worth nothing. If you are thinking about hiring an attorney, you need to know whether the attorney is licensed in Kansas, Missouri or both states and you need to be sure the attorney regularly handles cases in the state where your injury occurred.

Do I have Enough Auto Insurance?

If you’re like many people, there are probably three things you think about when it comes to auto insurance: 1) Do I have the state required minimum coverage? 2) Will I be able to recover the cost of my car? 3) How much is it going to cost me per month? Unfortunately, if you carry only the required minimum coverage you may not have enough insurance to cover your medical treatment, lost wages, and other damages that could result if you’re in a car, truck, or motorcycle crash. What most people don’t realize is that you can better protect yourself, your passengers, and other drivers on the road often at a cost of only a few more dollars a month. This leads to the question, “How much insurance do I really need?” To answer that question, we need to look at the purpose of auto insurance. Obviously, auto insurance protects other people from mistakes you make behind the wheel of your vehicle. But, auto insurance also protects you and your family. Auto insurance protects your assets in the event you are sued. If you have enough insurance to cover any damages you cause, the injured party will have no reason to go after your personal assets or garnish your wages or bank accounts. Auto insurance can also protect you in the event that you are injured by someone who either doesn’t have insurance or doesn’t have enough insurance. The following a brief description of some of the different types of auto insurance coverage available: Liability Coverage – Both Kansas and Missouri require drivers to carry $25,000/$50,000 bodily injury liability coverage. That coverage breaks down to $25,000 per person maximum, with a total recovery per accident (in the case of multiple injured parties) of $50,000.00. This helps pays the costs of injury damages suffered by another individual if you cause a car accident. If you have ever had the misfortune of spending time in a hospital, you know that $25,000.00 doesn’t go very far. This is why we generally recommend that people carry more than the minimum limits. Uninsured Motorist Coverage – Both Kansas and Missouri require drivers and vehicle owners to carry $25,000/$50,000 uninsured motorist coverage. As the name implies, this provides you with insurance coverage in the event you suffer injuries in an accident caused by the negligence of an uninsured driver. As mentioned above, $25,000.00 doesn’t go very far when there are serious injuries. We recommend people carry more than the minimum limits here as well. Under-insured Motorist Coverage – Kansas requires drivers and vehicle owners to carry under-insured vehicle coverage at the same level as the Uninsured Motorist Coverage. This coverage is optional in Missouri. This coverage is similar to uninsured motorist coverage, but it kicks in if you are injured by someone who has insurance, but their insurance is not sufficient to cover your losses. We recommend people carry under-insured motorist coverage to protect against other drivers who carry only low liability limits on their personal policy. PIP (Personal Injury Protection) – PIP insurance is required in Kansas, and provides minimal coverage for injuries, lost wages, and other damages you suffer in an automobile collision regardless of who is at fault for the accident. The minimum required for medical costs is $4,500, and $900 per month for 1 year for disability and loss of income. Missouri drivers and vehicle owners have a similar coverage available called Medical Payments Coverage, often referred to as MedPay. Unlike Kansas, this coverage is optional in Missouri. How can having or not having all of these coverage types affect you? Here are a few examples that will help illustrate the importance of adequate insurance coverage. Example #1 – John Doe is riding his motorcycle in Independence, MO when he is rear-ended by a car driven by Jane Smith. John suffers a broken arm, concussion, and a neck injury. As a result of the crash, John incurs economic damages (medical expenses including ambulance transport, emergency room treatment, inpatient hospital care, surgery, and physical therapy, and lost wages) in excess of $75,000.00. Jane Smith is a Missouri resident and carries liability insurance at the state minimum of $25,000.00. This amount does not begin to cover John’s economic damages and also does not provide any recovery for the pain and suffering John has, and will continue to endure. IF John carried under-insured motorist coverage in the amount of $100,000, his insurance would pick up where Jane Doe’s left off, meaning John could potentially recover $25,000 from Jane Doe’s liability policy, and $75,000 from his under-insured policy for a total recovery of $100,000. $100,000 may seem like a lot of money, but in John’s case this wouldn’t cover all of past and future damages. In this example, John probably needed $200,000.00 or more of underinsured motorist coverage to cover all of his losses. Unfortunately, John did not elect the optional under-insured motorist coverage and he either needs to hope that Jane Doe has a large bank account or he needs to count on the assistance of friends, family or the government to recover from his loss. Example #2 – John Doe lives in Overland Park, Kansas and runs a red light in Kansas City, Kansas causing a three car intersection collision that destroys all three cars and sends both of the other drivers to the hospital. If John has minimum limits, he will have two individuals trying to recover his insurance limits and then looking to John, his bank account and his other assets to pay the rest of the damages. If John has $500,000 in insurance coverage, his insurance company may be able to take care of all of the damages without John’s personal assets being exposed to attachment. When purchasing insurance, you should ask yourself the following questions: How much liability coverage do I need to protect others and to protect my assets in case I make a mistake and hurt someone while I am driving? How much uninsured/under-insured motorist coverage do