Attorney Jim Desmond

Experience the Desmond Difference

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Understanding the Three Claims After a Car Accident

Note: To recover on the claim for damages to the care, And the claim for Pain & Suffering, you must show Negligence on the at-fault driver. The elements of a Negligence claim are:A legal duty, Breach of that duty, Causation Damages

1. Car Damage Claim

Possible Scenarios

Total Loss

  • Fair Market Value Insurance Pays What the Car Was Worth at the Time of the Wreck.
  • If Cost of Repair is 75% or More of FMV, They Must Total the Car.
  • Loss of Use Claim Is Available but Limited to Reasonable Loss – A Couple of Weeks at Best

Can Be Repaired

  • You Choose Your Body Shop. Body Shop Manager Should Provide the Insurance Company Photos and Estimate
  • Body Shop Manager Should Resolve Disputes Regarding Estimate and What Insurance Will Pay.
  • Loss of Use Claim for Rental until Repair is Done.
  • Diminution in Value Claim Car Is Fixed but Worth Less Because of Wreck.

2. Kentucky No-Fault Claim

Medical Bills & Expenses: Kentucky Is a No-Fault State. Oversimplified, This Essentially Means You Immediately Have $10,000 of Medical Expense Coverage from the Vehicle You Are Occupying at the Time of The Wreck.

Possible Scenarios

Insured Car

  • Comes from the Car You Were Riding in at the Time Of the Wreck.
  • No Insurance on the Car, You Can Use Your Own Car Insurance To Serve as the No-Fault Carrier OR Use the Kentucky Assigned Claims Plan As the No-Fault Carrier.

Uninsured Car Owned by You

  • You Cannot Recover the First $10,000 of Medical Bills.
  • You Still Have a Pain & Suffering Claim.
  • Car Damage Claim is Unaffected.

3. Personal Injury Claim

Possible Scenarios

At Fault Driver is Insured

  • When Client is Done Treating, File Claim against Insurance Company for Pain & Suffering Including Medical Bills, Lost Wages and Future Damages.

At Fault Driver is Uninsured

  • Pain & Suffering Claim Is Made against Client’s Own Insurance through Uninsured Motorist Coverage.
  • Client’s Insurance Carrier, i.e. the Uninsured Motorist Carrier, Will Ultimately Sue The Uninsured Motorist to Recover All Amounts They Have Paid (i.e. Medical Bills, Car Repairs, Pain & Suffering, Etc.).