Archives for 2020

Dealing with Bills from Motorcycle Wrecks

In a recent podcast episode, I discussed the law concerning motorcycle wrecks at length. It’s so important that I took my outline for that podcast and I elaborated on it below. I hope this information assists you and don’t hesitate to call me at 502-609-7657 if you have concerns about your motorcycle accident.

Personal Injury Law for Motorcycle Wrecks

Usually, when someone is involved in a motorcycle collision, there are high damages (e.g. medical bills and lost wages) and insurance coverage on that at-fault driver that is inadequate. One of the biggest responsibilities of a personal injury lawyer handling a motorcycle accident is addressing how the medical bills from a motorcycle wreck are going to be paid. After all, the medical bills alone may exceed the applicable insurance coverage on the at-fault driver.

Keep in mind that the job of a good personal injury lawyer is not only to maximize how much he can get you with right hand BUT ALSO and EQUALLY IMPORTANT to minimize the deductions from your personal injury settlement with his left hand (e.g. health insurance liens, attorney’s fees, unpaid medical expenses). A good personal injury attorney has both these roles. It’s most clearly evident in Motorcycle accidents. It’s one of best examples of the dual roles a good personal injury lawyer must accomplish.

Before the wreck

Make sure you get UM and UIM coverage on your motorcycle policy, not just the automobile policy. PIP coverage is not standard with motorcycle policies but it can be bought as optional PIP coverage though. Always, assume that there is an exclusion wherein your car insurance policy will not apply to motorcycle wreck. Typically, there’s an exclusion (a provision in that long insurance policy that says we won’t cover you while doing something). A common one is a coverage exclusion while you are operating a motorcycle or if the vehicle is regularly owned and operated by you, but not listed in the insurance policy. We may look at your automobile insurance policy for further insurance coverage if you were severely injuries; however, we want the automobile policy to be a fallback position.

At the Crash Scene

Motorcycle wrecks often involve EMS transportation to the Emergency Room. Plan on having your health insurance cover the medical expenses because of lack of PIP coverage on your motorcycle. Yes, your health insurance has a lien against your settlement and their subrogation claim will need to be addressed at the time your personal injury claim is settled.

If friends or family are present at the accident scene, have them get names of witnesses, take photos (of the scene, the vehicles, bruises and cuts) and look for cameras. This will help to preserve valuable pieces of evidence to be used in negotiating with the insurance adjuster and/or as evidence if the claim proceeds to a jury trial.

I will meet with a client at the Hospital or at Home

When I meet with a potential client at the hospital, our discussion usually involves a lot of speculation because I don’t know the details of all the applicable, insurance coverage. It is a little bit like a doctor warning of all possible outcomes from a surgery (i.e. because unknown liability limits.

I will get the Police Report

I use http://www.buycrash.com to download police report off the internet. One thing I immediately look at is which driver does the Officer list as the number one driver. On the police report, the at-fault driver, according to Officer’s opinion, is usually the number one driver. Remember Kentucky is a “pure comparative fault” state, so a personal injury claim may still exist even if the majority of fault is placed on the motorcycle rider.

I will contact Their Insurance Company

I will open a claim with the insurance carrier for the at-fault driver. As your injury attorney, I may have to run the license plate with the County Clerk to track down insurance on the at-fault driver. Insurance coverage can exist through the driver or owner of motor vehicle.

Final Thoughts

As you can see, dealing with medical bills from a motorcycle wreck is extremely complex. There are many factors to consider. Probably the most important factor is does your attorney have extensive experience handling motorcycle accident claims?

If you’d like to discuss your specific situation, you can call me on my cell phone at (502) 609-7657. I understand how to effectively represent victims of motorcycle collisions. I’ve been doing it for many years.

Car Wrecks Involving a Workers’ Comp Claim

Episode 7: Louisville automobile accident attorney Jim Desmond invited his friend attorney Scott Scheynost, who handles Kentucky workers’ compensation, to join him. If you are involved in a collision, while performing work-related activities, you may qualify to file a workers’ comp claim, as well as a personal injury claim.

Louisville personal injury lawyer discusses when you can also file a workers' comp claim — Attorney Jim Desmond

Scott Scheynost discusses filing a workers' comp claim for a car wreck — Attorney Scott Scheynost

Who’s Responsible for My Medical Bills?

If you’re on the job, it’s probably work-related, which means workers’ comp is primary for your medical bills and lost wages. While Kentucky no-fault coverage (PIP coverage) generally covers up to $10,000, there is no limit under Kentucky’s workers’ compensation system for your medical expenses.

Kentucky is a choice-of-provider state. This means you can select your doctor, instead of having to go to a company-select doctor. This is an extremely important because your family doctor will focus on getting you healed, while the company-doctor may have an incentive to contain costs by limiting treatment, tests and potentially urging you to return to work more quickly.

Jim Desmond can the third-party claim against the at-fault driver. Scott Scheynost can handle the comp claim. If you have injuries related to the car wreck, workers’ compensation will cover the medical treatment and lost wages. However, once you’ve recovered, the benefits will stop, unless there’s a permanent problem. The automobile accident claim will address your pain and suffering, which could be more that the amount you received via your workers’ compensation claim.

Permanent Injuries from Work-Related Car Wrecks

If there’s a permanent impairment, that will factor into both the third-party claim and additional money based on your impairment rating. The impairment rating of your permanent disability is based on a number of factors. In Kentucky, you’re also entitled to lifetime benefits as part of your workers’ comp claim. Some injured employees may also qualify for vocational rehabilitation (up to 52 weeks for books, tuition, travel and related expenses).

In Kentucky, you generally have 2 years from the date of the accident to file a claim for a car wreck. Kentucky’s workers’ comp system also has a 2-year statute of limitations, but that goes from either the date of the accident or the date of the last payment for temporary total disability benefits (TTD), whichever is later. It’s a good idea not to wait because gathering the records related to the crash, your medical records and other information can take significant time.

What if My Treatment is Denied?

The workers’ compensation adjuster/carrier can attempt to deny the treatment, but you can also use your PIP coverage to go ahead and at least part of the expense paid for, while the workers’ comp process is being either negotiated or argued before the judge. The earlier you get your claim started, the quicker you may be able to get the treatment you need.

Can I Get Fired if I File a Workers’ Comp Claim?

Kentucky has a specific law to prevent retaliation. If the employer does attempt to retaliate because you filed a workers’ comp claim, it’s important to document what they are doing, what’s changing or being threatened to change. Good communication with your attorney is an important factor in the success of your case.

What if I’m involved in a Collision, on Company Policy, before I Clock in?

If you’re injured in a company-owned parking lot or an area in which the company exerts control, you’re probably eligible to file a workers’ comp claim. Again, good communication with your attorney is important.

If you’re hit by a fellow employee in the company parking lot, Kentucky’s Exclusive Remedy Law may prevent you from suing the employee, but you are still covered under workers’ comp.

However, if you are involved in a wreck with someone who works at the same company, but it’s not work-related, or on company property, you may be able to pursue a third-party claim (e.g. a car wreck claim). This situation isn’t work-related, so Kentucky’s workers’ compensation system would not apply.

For more information about Automobile Accidents, visit https://attorneydesmond.com/.

For more information about Workers’ Compensation, visit http://www.scheynostlaw.com/.

Important Disclaimers:

The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states.

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.

Dealing with Insurance after a Car Wreck

Episode 6: Louisville automobile accident attorney Jim Desmond continues the discussion about the accident claim process. He’s going to explain important issues related to getting back to normal, after a car wreck. This discussion began in Episode 5.

Assuming you now have the police report, you’ll determine what company is actually insuring the automobile. This might take some effort. Once a claim in opened, they issue a claim number. It’s important to include that number on any communication.

It’s possible that you and the at fault driver might be covered by the same insurance carrier. You need to understand your rights. Get documentation on your car’s fair market value. They might try to low-ball the property damage claim. The police report, photographs from the accident site and other documentation will better position your claim. Be mindful of your tone when speaking to the adjuster. The reasonable person typically has a good chance of getting to a fair settlement.

Permissive Use

The doctrine that if someone gives you their keys to use their car, you should be covered by their insurance. Your own coverage is secondary. However, if you’ve been driving their car on a regular basis, without being listed as an additional insured, the insurance company may be able to fight the claim.

What if I Don’t Want to Handle the Case Myself?

Some people don’t want to do all of the legwork after a car wreck. As an attorney, Jim Desmond is happy to handle the details on your behalf. It’s helpful, however, for the client to have a general understanding of the process. By getting an attorney involved earlier, some of the process can be made more efficient because attorneys file these claims all the time.

Kentucky is a pure comparative fault state. If the other side successfully argues you are partially at fault, they now have a claim against you. Even if the reason you were in the accident is 85% the other person’s fault, you may still be on the hook for 15% of the damages. It’s not about what actually happened. It’s about what either party can actually prove, after a car wreck.

Determining who had the right of way is a key factor in establishing which driver is at fault. Many collisions occur when pulling into traffic, turning left across on-coming traffic or some other action causing a rear-end collision. People instinctively develop a presumption of what caused the wreck. This is why the accident-site photos, police reports and other details discussed in Episode 5 are so important.

This Happened This Week

What happens if your daughter or son is driving your car out of state and has a wreck? The laws of the state in which the car wreck occurred will take priority. However, the insurance coverage you have from your own state will travel with the car. For instance, even if the other state doesn’t have a no-fault system, your Kentucky no-fault benefits will still apply. It’s a good idea to make sure your child is listed as an insured driver. It may make sense to name your child on your policy, even if he/she only lives with you part of the time.

For more information, visit https://attorneydesmond.com/.

Important Disclaimers:

While this podcast addresses what to do after a car wreck, the information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states.

Episode 5: What to Do after a Car Wreck

Episode 5: When a car accident happens, the insurance coverage in place is what matters. You can’t add coverage after the wreck. Therefore, be proactive and understand what type of accident coverage you have and what you might need. Now let’s discuss what to do after a car wreck in Kentucky.

What do you do after the collision happens?

Don’t immediately call your attorney. First, seek medical attention to make sure you and your passengers are alright. Your Kentucky automobile accident claim will often include medical records, so get checked out by a medical professional.

Next, if you can safely do it, take photographs of the damage to the cars, the placement of the cars and request your police report. The photos and the report can help in negotiating your case with the insurance adjuster. Even though the report is not admissible in court, most automobile accident cases settle before they actually make it to trial. So, the details contained in the report can provide important details and “proof.”

It’s extremely helpful to get the name, phone number and address of any witnesses. You need to keep a copy of this, because that information might not be added to the police report.

You can contact your insurance company to open a no-fault claim, also called a PIP claim. However, don’t guess in responding to their questions and definitely don’t minimize the extent of your injuries. They’ll provide your claim number, the name of the adjuster and his/her phone number.

If the other person is at fault, you’ll contact their insurance company. That company is called the liability carrier. Again, be sure to get the claim number, adjuster’s name and his/her phone number. Understand, the liability carrier isn’t going to pay for medical bills until the case is ultimately settled.

Property Damage Questions

What to do after a car wreck also includes getting your vehicle repaired. Is the car a total loss? If the repair would cost 70-75% of the vehicle’s fair market value, the insurance company has total the vehicle. Understand this is the fair market value, not the replacement value.

Insurance and body shops are allowed to use “used” parts in the repair. A good body shop manager might be able to speak with the insurance adjuster to explain why certain situations may require new parts.

Some damage may be concealed and not noticed, until the repair is underway. These are called supplemental repairs. The body shop will often contact the adjuster and explain why the repair just became more expensive

This Happened This Week:

A Health Insurance Lien is a right to collect against a settlement. An insurance company can attempt to collect reimbursement for the bills they paid out of the settlement awarded to the victim. In this situation, the insurance company sent notification to the injured party 6 months after the case had been settled.

Jim was able to work with the no fault claim adjuster to get the bill paid. Having an attorney involved will make the process easier and will help to protect your interests.

Resources to Get Your Police Report

Option #1: www.BuyCrash.com – You can use your accident report number. There is a nominal fee for this service.

Option #2: Louisville Metro Police at 701 West Ormsby can also provide you with a copy of the report. Again, a nominal fee is involved. Visit this site for additional information: https://louisville-police.org/189/Get-a-Police-Report.

Important Disclaimers:

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.

Episode 4 UM/UIM Coverage

Uninsured Motorist (UM) and Under Insured Motorist (UIM) Coverage. In today’s episode, Louisville personal injury attorney Jim Desmond discusses UM/UIM Coverage. Uninsured Motorist and/or Under Insured Motorist coverage is generally used for pain and suffering claims and uncompensated medical expenses.

Your uninsured motorist coverage and under insured motorist coverage must be in place before the collision occurs. Bodily injury coverage refers to the amount your policy will pay for the other person, not you.

You can have coverage as a named insured and others may be covered under resident relative concept. UM/UIM coverage can apply to resident relatives.

Jim Desmond discusses various situations, including a bus accident requiring multiple claimants to file against a single driver. He explains how UM/UIM coverage can be an added layer of protection. If there are multiple injured parties, the attorneys will work to help decide how the coverage will be divided among the victims.

If you are hesitant to file a claim in an automobile accident, it begins as a personal injury claim, not a lawsuit. You’re trying to recover from the at-fault driver via negotiations. If you can’t reach an acceptable settlement, your attorney can file a lawsuit. In most cases though, you’re going after the insurance company that is covering the at-fault driver.

This Happened This Week

The no-fault carrier has a lien against the case for the amount it paid. If you can figure out the policy limits of the at-fault driver, your attorney can petition the at-fault driver’s insurance company pay the victim directly. This may avoid having the no-fault carrier recover the lien. It’s complicated, but your attorney understands whether it’s possible in your case.

Need to Hire an Attorney for Your Auto Accident Case?

You can contact Jim Desmond at www.AttorneyDesmond.com. His cell phone is (502) 609-7657. Follow the links on his website to his Facebook page, where you’ll be able to follow him and keep up to date with new information about personal injury law in Kentucky and Indiana.

Important Disclaimers:

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.

Year: 2020

Archives for 2020