Law Offices of Patrick R. Kelly - January 2023

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January 2023

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Get the Most From Your Coverage Navigating the Insurance Maze

We’d like to wish a happy new year to all of our readers out there. As you likely know, a large percentage of our cases involve automobile collisions. Last year once again reaffirmed various insurance coverage issues that give our clients fits after their car wrecks. So, I wanted to write about them here and explain a few items about auto insurance. I come to you as a lawyer in the trenches who sees these insurance issues on a routine basis, and I want you to benefit from my experiences while considering coverages for the new year. First things first, Texas law requires drivers to maintain a minimum of $30,000 liability coverage. Not only is it a good idea for your own protection to carry liability insurance, but it is also a crime to not do so. $30,000 is not that much coverage. I recommend obtaining the highest amount of liability coverage you can afford to protect your assets. Beyond liability coverage and any coverage benefits you may qualify for, it’s always best, at the very least, to have collision repair coverage up to the value of your current vehicle. I routinely recommend that my clients use their own insurance coverage after a wreck to get their car fixed. Of course, this is typically met with “Why? The wreck wasn’t my fault, and won’t this increase my insurance rates?” Let me break it down: 1) An insurance company has a heightened duty to its own insured. Therefore, one’s own insurance company should be much quicker fixing the car and using quality parts and quality repair shops. 2) If the claim is not your fault, it should be considered a “no-fault claim” that will not affect your insurance. There are exceptions to this under some insurance policy language. But if you are not at fault, your insurance company will subrogate — or be reimbursed — against the at-fault driver’s insurance policy. There is an entirely separate process insurance companies agree to abide by to make this happen. This makes the process faster, and your insurance company gets the funds paid back, including reimbursing you for any deductible paid. Finally, I want to address your own coverage for any bodily injury claim you may have. The coverages available are personal injury

protection (PIP) and uninsured/ underinsured (UM or UIM) motorist coverage. I recommend both. PIP is a benefit for your medical bills

and/or lost wages from work due to the collision. This is a “no-fault, no questions asked” type of benefit that is handy post-wreck. The minimum PIP coverage in Texas, if purchased, is $2,500. I’ve seen it as high as $20,000. The coverage is simple — bills and lost time from work are submitted to your insurance company, and they should pay the PIP to you. UM vehicle coverage covers you when the at-fault driver fails to maintain liability coverage. Let me tell you: I see this all the time. If someone illegally operates a vehicle without liability insurance and hits you, and you don’t have uninsured motorist coverage, you don’t have a personal injury claim anymore - at least not one that will ever pay. UIM covers any personal injury claim that is valued in excess of the liability coverage. For example, if you have $100,000 in medical bills and the other driver only has $50,000, they are underinsured. You would need UIM coverage in this situation. Please understand that even if you have health insurance, UM/UIM is still valuable as many hospitals and providers will refuse to bill health insurance after a car wreck — hoping for the liability insurance money. Health insurance providers will also seek reimbursement from any automobile insurance proceeds for medical bills paid under the health insurance program. This eats into any settlement you may get, so it’s beneficial to have an extra layer of coverage. I urge you to take these coverage tips to heart and give us a call to help navigate the maze of insurance layer coverages if you are ever in an automobile collision.

–Patrick R. Kelly

WE WANT YOU TO CONSIDER US YOUR LAW FIRM. While we specialize in bodily injury cases, we are happy to refer you to a firm that can help you with any legal issue that may arise. Please feel free to refer us to your friends and family for their legal needs. We look forward to helping you. Prk-Law.com | 1

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Providing Rides and Saving Lives Meet an Uber Driver Turned Hometown Hero

We all like to imagine we would do whatever it takes to help others if we witnessed a tragedy, such as a house fire or car accident. We see it all the time when watching our favorite shows and movies, but these random heroic acts rarely happen in real life. When they do, they’re awe-inspiring. One New York City man was faced with one of these harrowing situations and showed tremendous courage when he helped save lives, all while on the clock.

the building and found a woman who was hesitant about leaving. He convinced her to go and brought her to safety, and then he returned to help another man get out of the building. Once he saw firefighters on the scene, Sam returned to his vehicle and proceeded to drop his passenger off at the airport. She still made her flight, even with their impromptu stop. In a statement to “TODAY,” Uber said, “We’re incredibly grateful to have such a heroic and thoughtful member of our community in Fritz. He went above and beyond to keep his neighbors in New York safe — and still managed to get his rider to the airport on time.”

Fritz Sam works as an Uber driver in New York City. He had just picked up a passenger and was taking her to LaGuardia Airport when he noticed a hectic scene in a Brooklyn neighborhood. He soon saw flames and dark smoke emerging from a second-story window of an apartment building. He asked his passenger if he could pull over to offer help.

When talking to “TODAY,” Sam stated, “You’d be surprised what little things we do that can be impactful. Because, trust me, those little things are going to make a big difference for somebody.” It’s safe to say that very few people consider Sam’s actions a “little thing.” He acted heroically and is an inspiration to many.

He approached a group of bystanders, yelling for people to get out of the residence. As people fled the building, Sam asked if everyone was out. Someone said there were

still people inside. Without hesitation, Sam ran through

Celebrity Lawsuit Calls TikTok ‘Breeding Ground for Scams’ Are the Ads You See Real or Fake?

Imagine you’re scrolling through your social media feed when an ad pops up starring one of your favorite celebrities. Maybe it’s quarterback Tom Brady talking about his favorite brand of beer or actress Julia Roberts showing off her new shoes. You’re intrigued enough to buy the product. But when it arrives, your jaw drops. This isn’t the hottest new luxury item! It’s just a cheap knockoff of Budweiser or Jimmy Choo. How would you feel about your celebrity “friend”? According to Page Six, this exact situation happened to fans of “Real Housewives of New York City” actress and Skinnygirl founder Bethenny Frankel. A scam artist stole clips of her promoting a designer product and edited them, making it appear as if she were selling knockoff cardigans. Frankel posted her own video decrying the scammer, only to watch TikTok remove it for “abusive content.” In a last-ditch attempt to protect her reputation, she sued the platform for failing to protect her reputation and allowing users to post fake ads, calling it “a breeding ground for scams.” If you use TikTok, Instagram, or Facebook, Frankel’s story should serve as a warning: The ads you see sliding by on your smartphone screen may not be legitimate. To protect yourself from scammers, take these three steps.

1. Go to the source for celebrity endorsements. Visit the celebrity’s official social media page and/or website. Any products they’re advertising should be visible there. 2. Avoid in-app purchases. It’s easy to buy products on Instagram with a single click — but should you? To avoid scams, leave the app and visit the company’s official website to ensure you’re purchasing the real thing. 3. Look for signs of photoshopping, editing, and manipulation. Does the celebrity’s face look tacked onto another person’s body, or does their phrasing sound broken and clipped together? Is the celebrity sponsoring the ad, or is the brand just using their name (perhaps misspelled) for cachet? Look for these signs before you buy. Ultimately, when buying online, just remember to think before you click. Skepticism is a TikTok user’s best friend.

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TAKE A BREAK

In 2021, 1 in 7 Americans participated in “Dry January” — a month without alcohol. The concept of Dry January isn’t new, but since its conception in England in 2012, it has taken hold worldwide. If you’re one of the millions of people pouring out your booze after a holiday of overindulging, use these five tips to stay on track until Jan. 31 and beyond. 1. Download the ‘Try Dry’ app. Yes, there is an app for that! “Try Dry” is the official Dry January app, created by Alcohol Change UK. Users can map their Dry January successes on a calendar, watch their “dry streak” climb, and calculate the money and calories they’ve saved by avoiding alcohol. The app is available for both Apple and Android devices. 2. Look for a kava bar near you. These outposts sell nonalcoholic drinks made from the root of kava plants that helps imbibers relax without the negative side effects of booze. If you’re worried about missing out on socializing with friends, a kava bar could be a good alternative to your local watering hole. Kava bars are trending nationwide right now, so check Google to see if one is open in your city. 3. Master the mocktail. Kava isn’t your only nonalcoholic beverage alternative. If you find yourself missing fancy cocktails, check websites like FoodNetwork.com , BonAppetit.com , and TownandCountryMag.com for delicious mocktail recipes like Bobby Flay’s Chocolate Martini Mocktail, which is a booze-free mudslide. Then, invite your friends over to raise a glass. Throw in board games and food, and they won’t even miss the alcohol. 4. Scare yourself with the data. Plenty of studies out there warn about the negative side effects of drinking alcohol, including a recent study from The Lancet that found drinking reduces your lifespan. When you feel your resolve slipping, turn to the facts for reassurance you’re on the right path. 5. Partner with a friend. If you want to make a batch of mocktails or bemoan skipping your after-dinner gin and tonic, it helps to have a friend by your side! Find someone to join your Dry January crusade so you can keep each other on the right path. 5 TIPS FOR CONQUERING DRY JANUARY Finish the Month Sober and Thriving

AIR FRYER ROASTED SALMON WITH SAUTÉED BALSAMIC SPINACH

Inspired by TasteOfHome.com

Directions

Ingredients

• 3 tsp olive oil, divided • 4 salmon fillets (6 oz each) • 1 1/2 tsp reduced- sodium seafood seasoning • 1/4 tsp pepper • 1 garlic clove, sliced • Dash of crushed red pepper flakes • 10 cups fresh baby spinach (about 10 oz) • 6 small tomatoes, cut into 1/2-inch pieces • 1/2 cup balsamic vinegar

1. Preheat air fryer to 450 F. Rub 1 tsp oil over both sides of salmon, then sprinkle with seafood seasoning and pepper. In a greased air fryer basket, place salmon. 2. Cook about 10–12 minutes until fish flakes easily. 3. In a 6-qt stockpot, place remaining oil, garlic, and pepper flakes. Heat over medium-low heat for 3-4 minutes. Increase heat to medium-high. Add spinach and cook until wilted. Stir in tomatoes; heat through. 4. In a small saucepan, bring vinegar to a boil. Cook until vinegar is reduced by half, then remove from heat. 5. Arrange spinach on serving dish. Place salmon over spinach mixture and drizzle with balsamic glaze.

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6116 N. Central Expy. #1201 Dallas, TX 75206

214-682-7132 Prk-Law.com

INSIDE THIS ISSUE

Understanding the Insurance Maze

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How an Uber Driver Became a Hero The Dirty Truth About TikTok Ads

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Air Fryer Roasted Salmon With Sautéed Balsamic Spinach How to Finish Dry January Strong

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A Podcast That Will Inspire You to Make a Change

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With ‘How to Save a Planet’ Reduce Climate Anxiety

If you’re stuck in a cycle of worrying about the planet after a rough year of floods, fires, and hurricanes, we don’t blame you. Most of us have seen that 2022 was full of climate craziness, and constantly dealing with these disasters can leave us feeling overwhelmed and exhausted. Knowing where to start when tackling the issues our planet faces can be challenging, and this uncertainty leaves many people feeling more depressed than determined. But that is all about to change with the help of “How to Save a Planet,” a Spotify original podcast that shares good news on eco- friendly trends. Join Alex Blumberg and “a crew of climate nerds” (their words, not ours) as they strive to bring you the positives of our planet, along with real changes you can make in your life that will help move our climate in the right direction.

write them in the middle. That piece between all three circles is what you can do for the climate.

You might want to try a fashion detox. This challenge asks participants to avoid buying any new clothes for 10 weeks and to use that time to reflect on sustainability. The goal is to take a moment and understand the impact of clothing on the planet.

Get in touch with your local meteorologist. If you watch the local news and the meteorologist talks about climate change,

send them an email or message on social media to let them know you noticed it, appreciate it, and want them to keep it up.

To show you what we mean, we’ll share some things “How to Save a Planet” says you can do to be a climate warrior.

“How to Save a Planet” has many more tips where those came from, and after listening, you won’t feel helpless — you’ll be motivated to make a change. So head on over to Spotify, press play, and get started.

Make a Venn diagram to find your climate change superpower! On a piece of paper, draw three circles that overlap in the middle. Each circle will have its own title, and they are “What brings you joy?” “What work needs doing?” and “What are you good at?” Find similarities between all three, and

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