Motorcycle Accidents Archives

Medical Freedom for Victims: Your Right to Choose Your Doctor

To be clear, no-fault insurance, or med-pay coverage, does not require you to go a specific doctor or get pre-authorization. Rather, the Kentucky Motor Vehicle Reparations Act says that if the treatment is reasonable and related to the injuries sustained in the car wreck, the PIP carrier, a.k.a. the no-fault insurance company, owes coverage for that medical bill. You can treat with whichever doctor you want.

Treat with whichever doctor you want when it comes to PIP or no-fault insurance coverage

Don’t Let People Play Games with You

When it comes to personal injury protection coverage (“PIP), there are not any pre-authorizations or medical providers in or out of a network. Rather, a no-fault carrier has you sign a PIP application which is essentially, a fancy medical authorization. This authorization allows them to obtain your medical records and bills, to review them and to determine if they are related to the injuries sustained in the car wreck. Why is this important? Because you can go wherever you want, to whichever doctor or chiropractor you choose, to treat for your injuries.

I just spoke to a new client. In short, one of the big firms told him that he was going to be referred to a chiropractor, even after he said he was not comfortable with a chiropractor. Look, I have nothing against chiropractors but who he decides to obtain medical treatment from is the client’s choice, not the choice of any personal injury lawyer.

It’s All About You

My job as a personal injury lawyer is to advise my client of what I believe the best decision would be. It’s not to make that decision for him/her. I give out the name of chiropractors and/or medical doctors during the course of handling the client’s injury claim. However, I do so because either those doctors are easy to work or because they will work with me on reducing their charges, if necessary, to maximize a client’s recovery. Nevertheless, I make it clear to all my clients, and I have said this in front of doctors:

“You are my client, not this medical provider! While I appreciate that this medical provider may have given you my name, my legal duties run to you. If you are not happy with their facility or if the treatment is not helping you, let me know. We will find you another doctor, or chiropractor, and I will still be your lawyer.”

I consider some of the doctors or chiropractors that I have worked with to be good friends and I have even traveled with them. Nevertheless, my client has the absolute right to choose where he or she wants to receive medical treatment. My job, as a good personal injury lawyer, is to make sure those charges will be paid and/or reduced out of any personal injury settlement that might be reached.

Click here to listed to my podcast episode about PIP (“no-fault”) insurance coverage.

Need More Information?

If you have questions about your automobile accident, call my cell at (502) 609-7657. As an attorney, I handle motor vehicle accident claims in Kentucky and Indiana. You deserve to speak directly with an attorney; not a paralegal or case manager. My principal office is located in Louisville, Kentucky.

This is an adverstisement.

Motorcycles and COVID-19

Episode 12: On today’s episode, Jim Desmond discusses motorcycles and COVID-19. Right now, in the world, people are struggling with let’s face it, Cabin Fever. With nice weather happening, motorcycle riders are taking full advantage. The biggest concern is now there may be drivers with no insurance or less insurance coverage than before due to lack of working or even lack of driving. When people are not driving, there comes a point of “Why am I paying for insurance that I’m not using?”

The problem with driving a motorcycle is that if there were an accident, the damage will be much greater than if you were hit in a car. It is important to protect yourself by having a policy set in place in case you were to get hit. Motorcycle coverages are treated differently and viewed differently because Kentucky has a no-fault policy. That means motorcycles will not be automatically covered.

There are 3 coverages that protect you as an operator of a motor vehicle. The first is no-fault coverage, which means your medical bills are covered by the vehicle you’re in for up to $10,000 immediately. This could also be loss of wages and other elements. The second is uninsured, which means your company may act like they insured that other driver. Then there is under insured coverage, which means there isn’t enough insurance available via the at-fault drivers’ coverage.

Uninsured or Underinsured coverage on any automobile or motorcycle policy you have on at least $100,000 per person will give your lawyers the tools they need to work with. You should always prepare for the worse case-scenario. There have been many times where the coverage will not match the damage. Most people had to learn the hard way. This is especially true when we consider the unfortunate relationship between motorcycles and COVID-19.

On a motorcycle, no-fault (or PIP coverage) is not automatic. In fact, they penalize motorcyclist. You will have to use your health insurance to get everything covered. The law goes on to say that the motorcyclist driver cannot recover the first $10,000 of their medical bills they treat them as if they are uninsured. The passenger cannot recover the no-fault coverage, but they can have their medical bills covered.

If you ride a motorcycle, you cannot assume any aspect of your automobile insurance will apply. There are often exclusions that may be hard to find on the contract regarding whether the coverage also applies to motorcycles.

If you or a loved one is in a motorcycle accident, it’s important to document everything. Get the contact information of witnesses and take pictures of the accident and maybe even your wounds. If there is a surveillance camera, it is important to try to get the tape. You have 3 claims you can make in a car wreck/motorcycle accident: property damage, medical bills, and pain and suffering.

Remember the key risk between motorcycles and COVID-19 isn’t that you’re going to get sick. It’s that the other drivers on the road may have reduced or cancelled their car insurance in an effort to save money. You are now at a much higher risk of getting stuck with significant medical bills.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.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.

Beware of TV Advertising Lawyers: Why You Shouldn’t Trust Them!

Jim Desmond discusses television advertising attorneys

Why do I balk about using a big, law firm to handle your personal injury claim? It is all about customer service and knowing the details of your injury claim.

I worked at a big, television advertising law firm for over four years. Guess what? First, those firms have an attitude of arrogance. Why? Because your single, personal injury claim is not going to make or break them. If things don’t work out with your car wreck, they will just move on to the next one.

Second, when you are handling a bunch of cases at once, it is hard to concentrate on the details of a personal injury claim. The problem being that you know what really drives the value of a personal injury claim, the details of that claim!

For example, I am presently handling the injury claim of someone severely injured in a motorcycle wreck. All indications are to date that the medical bills alone will far exceed the liability coverage on the at-fault driver and the underinsured motorist coverage available on the motorcycle’s insurance policy. Nevertheless, there is a chance that the at-fault vehicle was owned by a car dealership at the time of the motorcycle accident and therefore, this insurance of that car dealership may apply. This is hugely important as it MAY increase the possible personal injury settlement by over 10 times since now, there may be enough insurance coverage to cover my client’s injury claim.

Why do I think the car dealership might have to provide insurance coverage? Because I took the time to run the title of the at-fault vehicle and despite several times being told there were no such documents, I obtained copies of the title history which shows that the car dealership owned the at-fault vehicle on the day of the motorcycle wreck. In other words, having the time and commitment to really focus on the facts of this one motorcycle wreck might substantially increase my client’s personal injury settlement.

To give you another example, I had a phone call last year that I want to share with you because it made me mad! Not because the caller did anything wrong but because the injured victim was given incompetent advice about car accidents from two different law firms that spend a whole lot of money on television advertising every year.

The potential client was in a severe car wreck that resulted in surgery. Because of the COVID virus shutdowns, she was unemployed and had let her car insurance lapse, prior to the car wreck. Due to this lack of insurance and the fact that Kentucky is a no-fault state, she was INCORRECTLY told by two big law firms, that advertise on television, that she did not have a personal injury claim even though she was not at fault for the car wreck. Wrong! We settled that claim for more than the state minimum of $25,000 and because we used the client’s health insurance to pay her medical bills, since there was not any no-fault coverage to pay those medical bills, the client still walked away with about 60% of the total settlement; even after deductions for attorney’s fee and case costs.

To say it again, and as illustrated by the above-discussed personal injury claim, the fact that Kentucky is a no-fault state means that the insurance company for the vehicle you are in, regardless of the fact that this is not the at-fault vehicle, covers the first $10,000 of your medical bills and lost wages. That’s it! It does not mean you don’t have a personal injury claim.

If your car, was not insured, you cannot recover the first $10,000 of your medical bills and lost wages. So, if you have a surgery bill for $50,000, you can only recover $40,000 of that surgery bill from the at-fault driver’s insurance if your vehicle was not insured. Big whoop! You still have a claim for $40,000 in medical bills AND your claim for pain and suffering.

I established Desmond Law Office 15 years ago and from day one, I only handled car and motorcycle wrecks. I think I have done this long enough to figure out a way to get around the penalty for being uninsured. However, if you go with a big firm and only speak to a “case manager” and not your injury lawyer, good luck with getting around such a penalty. After, as discussed above, one of my clients was given bad information by two television attorneys and had she listened to that advice, the recovery on her personal injury claim would have been $0.

Further, I want to say something about the big law firms. As many of my injured clients know, I spent a large part of my career working for a television advertiser; so I am speaking from experience. These firms bring in a large number of personal injury claims every year by spending over $1,000,000 a year on television advertising.

If you allow a big firm to handle your personal injury claim, you are a little fish in their big pond. When the case does not have enough value or the client becomes too high maintenance, they often let the case go and move on to another personal injury claim, generated from their large advertising budget.

Whether it is my firm or another law firm, let the attorney handle your car wreck where your case is going to be the big fish in their little pond. From over 25 years of practicing law, I promise you that you will get more bang for your buck with this small guy. After all, can you reach your injury attorney on his cell phone? All of my clients can!

Unlike the television advertising lawyers, I am not going to tell you that every pile of dog poop is worth money. I will, however, make sure that you know what your legal rights are so you can make an informed decision about the damage to your car, your medical treatment and your personal injury claim!

I am still working during this lockdown. I will come to you if you can’t come to me and I always wear a mask. If you have been injured in a car accident or a motorcycle wreck, quit listening to the nonsense and empty promises made by the TV advertising lawyers. Instead, call me directly on my cell phone and get immediate answers to your problems. It is really that simple.

All the best and stay safe during this crisis.

Kentucky Motorcycle Accident Lawsuit

Episode 10: Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents. This episode continues the discussion on motorcycle accidents from Episode 9. He’ll now discuss issues related to filing a Kentucky motorcycle accident lawsuit.

What Are the Next Steps at the Hospital?

If you don’t have health insurance, ask to speak with the financial counselors at the hospital. They may be able to help you find sources of coverage. It’s important that you’re able to treated. More importantly, you’ll be able to get the negotiated rates between the hospital and the insurance company.

Jim Desmond will begin looking for any/all sources of insurance coverage, including underinsured or uninsured motorist coverage to help his clients. Motorcycle wrecks usually involve extensive injuries, so the medical bills and lost wages are going to be substantial.

Motorcycle wreck cases test the experience and knowledge of most attorneys. Attorneys want to protect their clients from overwhelming financial burdens, even when the collision wasn’t their fault.

When a Lawsuit Needs to be Filed

Ideally, your case will be negotiated to a fair settlement. If that can’t be reached, it may be necessary to file a lawsuit. This is going to extend the timeline of getting your case resolved and financial reimbursement.

As the lawsuit proceeds, the process of discovery will begin. The depositions will then be scheduled. A mediation is usually scheduled. It’s another chance for the two sides to reach a settlement.

Statute of Limitations

In Kentucky, you have 2 years from the date of the accident, or 2 years from the date of the last no-fault payment (i.e. PIP) to file your lawsuit. If you miss go beyond this window of time, you can’t file. With a motorcycle accident, there is often no PIP coverage involved, so the extra time may not be available to file the lawsuit. For this reason, you need to make sure you understand the timeline.

Policy Limit Offers with Motorcycle Accidents

If you have a carrier offering the policy limits for the at-fault driver, it may cause trouble for you when pursuing the underinsured claim. There are important processes that must be followed. Again, it’s another reason you should hire an attorney.

What Happens if They Appeal the Verdict?

Again, a trial will significantly increase the time it will take to get your case resolved. An insurance company has the right to withhold any payments until the case is resolved. Even if the verdict has been rendered, if the other side decides to appeal the decision, additional time has just been added to the timeline. It’s a risk inherent in taking a case to trial.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

Important Disclaimers:

Motorcycle Accidents and Insurance Issues

Episode 9: Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents. This episode focuses on why these cases are complicated and what motorcyclists can do before they take their bikes out of the garage for spring and summer.

The risks to a motorcyclist is significantly higher because the likelihood that the injuries will be far more serious. The medical bills and related expenses can be overwhelming. An attorney needs to quickly determine any and all available sources of insurance coverage. It’s extremely important for motorcyclists to understand motorcycle accidents and insurance coverage.

Kentucky has a state minimum level of insurance of $25,000. This may be only be a fraction of the actual expenses. It’s extremely important for a motorcyclist to carry a significant amount of Uninsured Motorist and Under Insured Motorist coverage (UM/UIM). These coverages are there to protect the motorcyclist, in the event the at-fault driver either doesn’t have insurance or doesn’t have enough insurance. UM/UIM will add to the available funds to help the injured motorcyclist.

Your motorcycle isn’t adequately covered by your standard automobile insurance policy. Unlike Kentucky automobile insurance, no-fault coverage on your motorcycle doesn’t exist unless you specifically purchase it. A standard car insurance policy provides no-fault coverage (also called personal injury protection or PIP coverage). This lack of coverage creates another financial gap for motorcyclist. PIP coverage is generally $10,000. Without specific PIP coverage, the motorcyclist may be unable to recover the first $10,000 of medical expenses. For injured motorcyclists, this can be a difficult conversation about motorcycle accidents and insurance.

Pedestrian PIP only covers a pedestrian the who may be hit by a motorcyclist. It does not apply to the motorcyclist.

If a motorcycle wreck has occurred, it’s important that the evidence is preserved. Pictures are extremely important. It’s important to photograph cuts and bruises that may heal by the time the case goes to trial. The location of the vehicles is significant in reconstructing what may have occurred at the time of the collision. The victim may not be able to take the photos, but family members may be able to, if they arrive at the scene.

It’s important to remember to download the photos from your cell phone to a laptop or other storage device. Phones can be damaged or lost. The important photos could be lost.

It’s incredibly important to avoid posting statements and/or photos to social media while your case is being handled. It’s very easy to make comments which could later be taken out of context. This often can be extremely damaging to an injured victim’s case. This includes the family and friends of the injured motorcyclist.

Get the Police Report

This important document will list the people involved and their insurance companies. It also often indicates which driver appears to be at fault. The website www.BuyCrash.com is a trusted, easy resource. It’s very inexpensive and can be done quickly. The information on the report is helpful when opening the motorcycle accident claim.

Your own health insurance may need to be used to cover your medical expenses, especially if you didn’t purchase the additional PIP coverage as part of your motorcycle insurance. The advantage to using your healthcare is that you are able to get medical treatment even before the case is resolved. If your health insurance pays your medical bills, they have the right to file a lien against any settlement or jury verdict you recover from the at-fault driver. Medicare and Medicaid have the same rights to attach a lien to your settlement or verdict.

Jim Desmond will continue this discussion about motorcycle accidents and insurance issues in Episode 10, launching in 2 weeks.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

Important Disclaimers:

Category: Motorcycle Accidents