Attorney Jim Desmond

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Category: Podcast

Navigating Post-Crash Procedures: Episode 16 Insights

Episode 16:  Louisville car wreck attorney Jim Desmond explains what happens after your car wreck.  It can be a time of confusion and stress.  Jim will do his best to lay out the steps and help you to understand the process of dealing with issues related to your automobile accident.

Click Here to Watch the Video of This Episode

You Can Help Your Claim

If you’re not severely injured and if it’s safe to do so, Jim recommends taking photos of the car accident scene.  If witnesses are present, take pictures of their licenses to make it possible to follow up with them.  Document the location and position of the cars on the road.  Also, take pictures of any skid marks.

All of this is valuable evidence that can be used to explain what happened at the time of the collision.  Understand that this evidence can fade away or disappear.  A series of photos helps to preserve that evidence for your insurance claim and any potential lawsuit.

Jim often checks to see if any cameras, such as security cameras or Ring cameras, are located near the crash site.  If they recorded footage just prior to or at the time of the collision, that information is also important evidence to support your claim.

Remember, it’s not what you think happened; it’s what you can prove.  Stories can change.  Memories can get confused.  Witnesses forget details.  Pictures preserve facts.

Seek Medical Treatment

If your car is significantly damaged, go to the hospital to get checked out.  Ask them to note in the records that you were involved in a car wreck.  You could have injuries that aren’t immediately noticeable.  Adrenaline can mask the extent of the injuries.

Let the medical providers examine you and possibly run necessary tests.  Yes, it may take a while, but again, the medical records are evidence.

Covering the Cost of Your Medical Treatment

Kentucky is a no-fault state.  This means the insurance company for the vehicle you were in at the time of the collision covers your medical bills for the first $10,000 in medical expenses and/or lost wages.  There are a few other items it can cover, but it’s primarily there to enable you to get medical treatment, immediately.  It doesn’t matter who was at fault.  That’s why it’s called no-fault coverage (sometimes referred to as PIP coverage).

If you have health insurance, there are circumstances in which you may want to use your own insurance to get necessary treatment, while the claim is being handled.  Your attorney may be able to negotiate the actual final cost of those medical bills, which can leave your $10,000 in no-fault (PIP) coverage to be used for additional medical expenses.  It’s a way to stretch the available insurance money to help you.

Jim Desmond often explains handling a case involves getting the most for the damages, on behalf of the client, but also preserving as much of those funds for the client.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.  Better yet, call Jim on his cell phone at (502) 609-7657.  That’s actually his preferred way to hear from people who have been involved in a collision.  He may be able to begin working on getting the police report and other important information to help start your claim more quickly.

Meet Face-to-Face with Jim Desmond

Jim actually prefers to meet face-to-face with his clients.  You want to hire an attorney whom you can trust.  That personal interaction helps you to get to know Jim and have a better sense of how he’s going to work with you.

If necessary, yes, your claim can be handled electronically via email or video calls, but a car wreck is a serious issue.  Jim wants to make sure you get the answers and the time you need to make a good decision regarding this situation.

Jim explains the biggest complaint attorneys receive is all about communication.  Jim tries to avoid this by ensuring you have his cell and can contact him when you have questions or need information.   In your first meeting, he’ll lay out a game plan so you’ll have a better understanding of the process and the steps involved to resolve your case.  You’ll get solid information and have the proper expectations about your auto accident claim.

Make Your Claim Easier to Resolve

Jim comments that you should send him any information you receive, such as medical bills.  Send him a quick text about your treatment status or especially when you go to a new medical provider, such as a doctor, chiropractor, or physical therapist.  This can enable him to quickly update your case and to make sure the medical records are gathered to support your claim.  This is especially important when the case is ready to resolve.  It takes time to track down missing medical bills or other invoices related to your claim.  Having that information in a timely fashion makes your claim easier to resolve.

Jim often provides self-addressed stamped envelopes so you can easily send him the information, as soon as it arrives.

Contact Jim Desmond as Early as Possible in the Process

It’s always easier to start from scratch and build the case from the outset.  If you wait several weeks or months to contact an attorney, a lot has already happened and it will take time to figure out all of the moving pieces.  When you contact Jim as early as possible in the process, you have a better chance of making sure you get the case off to a fast and proper start.

Attorney Fees

Jim explains attorney fees in car wreck cases are not set in stone.  Attorneys can charge whatever they want.  Jim charges 33.3% of the amount he recovers, for settling a claim pre-litigation.  If it has to go to trial, his fee increases to 40% because of the additional work that’s required for trial.

Jim works on a contingency fee basis, meaning you don’t owe him anything unless he recovers money for you.  He’s been doing that for 20 years.

A Different Way of Practicing Law

Jim also puts in writing that he won’t take more as an attorney fee than what the client keeps as part of the net settlement for any claim that settles in pre-litigation.  Basically, if medical bills eat up a large portion of the settlement, he won’t take a larger fee than what the client puts in his/her pocket.  Jim will lower his fee to keep this promise.

Jim competes against the big TV advertisers by delivering excellent service and making sure he’s personally involved with each client’s case.  You’re going to work directly with attorney Jim Desmond, not a case worker or paralegal.

It’s the right thing to do.

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

Episode 15: How to Stay Out of a Car Wreck

Episode 15:  Louisville car wreck attorney Jim Desmond is going to provide practical tips and advice on how to stay out of a car wreck.  Handling automobile accidents and motorcycle wrecks has been his primary focus for 30 years.  He understands why collisions often happen.  Today, he’ll try to help you actually avoid needing the help of a personal injury attorney.

Click Here to Watch the Video of This Episode

“Hopefully, I Won’t See You Again”

When you consider the serious accidents and injuries involved in the cases Jim Desmond handles, you can understand why he might say this to a client.  No one wants to be involved in an accident.  For many, the injuries can lead to life-changing issues.

Working the Puzzle

Jim approaches car wreck claims as you would with a puzzle.  There are many different pieces involved in getting the claim resolved.  It takes patience and commitment to gather each of those pieces.  Examples of the various pieces often include:

  • Getting your car fixed
  • Does the at-fault driver have insurance?
  • Is there uninsured coverage (UM) available?
  • Is there underinsured coverage (UIM) available?
  • How much insurance does the other driver have?
  • What’s the best way to get your medical bills paid?

Jim understands how complicated this process is.  It’s one of the main reasons he focuses on car wrecks and motorcycle accidents.  You have to understand the law and how various insurance policies come into play, based on the situation of each particular case.

Unfortunately, in this area of law, the worse you’re hurt, often the higher the value of the claim.  The problem is, no one wants to be significantly injured in a car wreck.

Driving Is a Team Sport

Jim explains that drivers sometimes assume they only have to worry about their own actions and everything will go fine.  In reality, when you hit the road, it’s more like playing a game of football.  You have to keep an eye on all of the other drivers (i.e. the other players on the field).

Safe drivers need to have a game plan.  Which route are you going to take?  Which will you avoid?  To stay out of a car wreck, it’s vitally important that you are aware of what’s going on around you.  You have to react differently depending on what the other people around you are doing.

It’s Not Just about the Rules of the Road

Jim knows you have to understand the rules of the road, but there’s more to safe driving than that.  You need to be prepared to safely avoid the hazards you’re going to encounter while you’re driving.

When you see a bad driver, a bus, a large truck, or U-Haul, get away from it.  You’re in the danger zone.  You need to either speed up to get around the driver or slow down to enable enough space so you can react accordingly.  Anticipate problems and do your best to minimize the risk to you, your passengers, and your vehicle.

Give It the Gas

There are some situations in which your safety may be the more important factor.  If you have to speed up to safely pass a bad driver, use your turn signal and do it.  Better to risk a ticket than the injuries and hassles involved in a car wreck claim.

If you’re making a left-hand turn, you already know you don’t have the right of way.  You’re crossing a lane that’s traveling in the opposite direction.  Give it the gas and get across the lane as quickly, and safely, as possible.

When you’re making a slow turn, Jim explains that you’re in a hazardous position.  It’s not up to the oncoming driver.  You’ve got to get out of the way.  Go!

Kentucky is a pure, comparative fault state.  If a portion of the fault can be attributed to either or both drivers, the judge can limit liability based on what percent of the accident was caused by each driver.  Even if you claim the other driver was speeding, if you turned in front of that driver, some of the blame will be attributed to your action or inaction.  Speed is often a minor factor in the overall decision of fault.

Dealing with the Traffic Light

At an intersection, just because you have the green light, doesn’t mean you can ignore what the other drivers are doing.  Someone may run the red light for a variety of reasons.  Be aware of what’s going on around you.

What happens if both drivers recall they each had a green light, at the time of the accident?  It’s possible that the fault might be split 50-50, especially if there are no witnesses or cameras in the area.

Pedestrians Can Also be at Fault

There are safe ways and areas for pedestrians to cross the road.  Just because they are on the road, doesn’t mean a collision would be 100% the fault of the driver.  You can’t simply decide to cross a highway on foot and expect all of the traffic to stop.  Comparative fault can also apply to pedestrians.

If you’re crossing the road, make sure drivers see you and understand your intentions.  That’s why it’s best to cross at designated crosswalks and when the light indicates you can cross.  Still, be aware of your surroundings.

Don’t Stop in the Middle of the Road

Jim comments on the issues you can cause, even when you’re trying to be courteous.  Before you stop to let another driver cross, consider what the other drivers around you are expecting to happen.  If the light is green and traffic is moving, is it really a good idea to stop to let another car cross the lane?  The drivers behind you aren’t expecting a sudden stop.  This could lead to a collision or multiple collisions.  This entire episode is about how to stay out of a car wreck.

Look Over Your Shoulder

When you’re turning or merging, you need to check your side-view mirrors but also remember to physically look to ensure the lane is clear.  It’s possible another driver is in your blind spot, or that you’re in the other driver’s blind spot.

Don’t Drive in a Wolf Pack

Jim discussed how you often see groups of drivers together on a highway.  This presents a danger.  If one of those drivers in that wolf pack needs to react to something, where are they going?  They’re probably going to have to swerve into the adjacent lane.  If you’re riding beside him/her, you’re in the danger zone.  You should give it some gas and get ahead of the wolf pack, or slow down so you’re not driving as part of it.  You’ll have more options should you encounter debris in the road, an animal darting into traffic, or another driver doing something unexpectedly.

Parking Lots are a Free-for-All

It’s surprising to learn how many collisions occur in parking lots.  People simply ignore common rules when it comes to parking lots.  There are many distractions while you’re searching for an open spot, or backing out of your spot.  People suddenly stop to let someone out of the car.  Pedestrians walk in front or behind cars.  It’s a mess.  You have to take additional caution and be patient.

Remember to go slowly and turn your head instead of simply relying on the mirrors.

Don’t Drive on the Left Lane

The rule is simply that you should keep right, except to pass another vehicle.  Don’t drive in the left lane.  Don’t ride beside someone, because they may not see you and neither of you will have room to maneuver around a hazard.  At the same time, you’re not law enforcement.  It’s not your job to make sure the other drivers slow down.  By driving in the right lane, other drivers have the opportunity to get around you if they’re going faster.  Let them do it.  It’s just one more way to help you to stay out of a car wreck.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.  Better yet, call Jim on his cell phone at (502) 609-7657.

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

Essential Legal Insights: Key Car Wreck Questions Answered

Episode 14: On today’s episode, Jim Desmond continues the discussion from his previous episode.  He’ll answer Frequently Asked Questions from clients. So many people are either confused by the legal system or simply don’t understand how it works. Today’s discussion will hopefully help you to better understand issues related to auto accidents.

Click here to listen to the previous episode (Episode 13).

Does Texting and Driving Matter in an Auto Accident Case?

Jim explains that the core issue is “fault.”  Kentucky is a pure comparative fault state.  The damages can be divided between the drivers, depending upon how much of the fault can be attributed to each of the drivers.  Indiana is a modified comparative fault state.  In Indiana, you can’t be more at fault than the other driver (i.e. 51%) in order to be able to receive compensation for your damages.

If it can be proved that one of the drivers was texting at the time of the collision, this can go directly to the issue of fault.

Should I Hire an Attorney?

Jim talks about what could happen if you don’t.  He uses the example of selling your home without a realtor.  Yes, you can do it, but the realtor may be able to do it quicker and with better results.  The law is very complicated.  Your claim may involve senior adjusters who are very skilled at negotiating to minimize what the insurance company ultimately pays you.

Find an attorney you’ll be able to work with directly.  You also want an attorney who deals specifically with your type of case.  A divorce attorney may know that area of law, but it doesn’t mean he/she is prepared to effectively handle a car wreck case.

What Is the Kentucky State Minimum Amount of Insurance?

The state minimum was established in the 1970s.  Unfortunately, it hasn’t been raised since then.  The cost of medical treatment, the cost of repairing your car and many other expenses have significantly increased, since the 1970s.  This presents a problem for people who are in an accident due to the other driver’s negligence.  The at-fault driver is driving legally as long as they have the state minimum amount of insurance ($25,000).  The minimum for property damage coverage is $10,000.

How Can I Avoid Getting Stuck with the Expenses if the Other Driver Only Has Minimum Coverage?

Jim always recommends you carry a significant amount of Under Insured Motorist Coverage (UIM).  This portion of your automobile coverage can be used to cover expenses, once the at-fault driver’s insurance has been used up.  UIM coverage is for your bodily injury, but doesn’t apply to property damage.

If the at-fault driver is driving without insurance, your Uninsured Motorist Coverage (UM) can be used to help cover your damages.

Yes, both are policies you are paying for.  However, remember, these coverages are extremely important when the at-fault driver either doesn’t have enough insurance, or doesn’t have any insurance at all.

Jim explains that Kentucky has a statute the states your insurance rates won’t go up because you used your UIM or UM coverage.  Remember, you weren’t the at-fault driver.  You’re simply trying to get your expenses covered.  Additionally, you’re paying for these policies, so why should your insurance company punish you for something you’re paying them to cover?

Can I Get Around the Fact that I Signed the Release?

In a personal injury case, the release is a document that is signed by the injured person, at the end of the case.  The release itself prevents any further financial responsibility for the insurance company related to the case.  Once the release is signed, the case is done.

If something else happens, such as a problem related to a surgery or other issue, the insurance company cannot be held responsible to pay for the medical expenses.  Remember, you released them from future liability.

This can be extremely problematic if you accepted a quick settlement offer from the insurance company.  In that situation, it’s possible you haven’t competed your medical treatment.  There are many complications that may still develop, as a result of the injuries you sustained in the collision.  Once that release is signed, the insurance company is legally off the hook.

Should I Sign the Paperwork the Insurance Company Sent Me?

Jim explains that you need to be careful.  You might not understand or realize what you’re signing.  If the company is your insurance company, it may be okay to sign.  It could be a medical authorization giving them permission to request your medical records.  If it’s a property damage only release, it may be okay to sign.  Again, it would be a good idea to have an attorney represent you so that you don’t accidentally give away your rights.

Be Careful of What You’re Including and/or Excluding in the Release

The release should include the phrase, “exclusive of the no-fault lien.”  You want to make the no-fault carrier (PIP carrier) has to deal with the issue separately.  Kentucky is a no-fault state which means you and your passengers typically each have an automatic $10,000 available to cover medical expenses and lost wages.  You don’t want to accidently forfeit those funds because you signed a legal document you didn’t fully understand.

Jim Desmond is very willing to work with people to review the documents to ensure they fully understand what’s going on.  This is why he provides his cell phone (502) 609-7659.

What Happens if I Got Sued, but Never Received a Summons?

This is a fairly common issue, believe it or not.  Generally speaking, a subpoena is served to a witness and a summons is served to someone being sued.  A summons is usually sent by certified mail or delivered by the sheriff.  It will normally include the official complaint.

Most people don’t realize a summons normally doesn’t include a court date or something to sign.  You have to file a written answer in the proper court as a response to the complaint.  It’s best to have an attorney handle this for you.  If you fail to properly file a response, the other party can move for a default judgement.

In a default judgement, the other party argues that you failed to properly respond, since everything in my complaint is true, the judge should simply rule in their favor.  If the judge grants the judgement, the other party now has the ability to collect against you.

If there’s a default judgement against you, they can get your driver’s license revoked, potentially have your wages garnished or other measures.  If you hire an attorney, you may have to deal with attorney fees to fight the default judgement.

If you’re in an accident and you have insurance, you should contact your insurance company and ask them to open a claim.  You’ll want to be sure they assign defense counsel to represent you.

If I Have 2 Years to File an Injury Claim from a Car Wreck, Can I Wait A few Months to Contact a Lawyer?

The short answer is you shouldn’t wait.  The 2-year period refers to the statute of limitations.  This is the period during which you can file a claim.  If you go beyond that specific period of time, you are barred from filing a claim.  Kentucky and Indiana have different statues regarding when the time ends.  In Kentucky, it may be extended beyond 2 years from the date of the collision.

It’s important to understand you’re building your claim from day one.  Your medical records and other evidence are important factors.  The longer you wait to seek medical treatment, the easier it will be for the insurance adjuster to successfully blame some other issue for your injuries.  Maybe you seek treatment, but then don’t continue with the prescribed treatment, it may be used to minimize the extent of your injuries from the automobile accident.

In serious accidents, your attorney may need to hire an accident reconstruction expert to document and recreate what happened.  Evidence can fade away, get lost or simply be forgotten.

The longer you wait to hire a lawyer, the more difficult it will be for him/her.  This is why preserving evidence is so important at the accident scene.  If you’re able to take pictures of skid marks, the position of the cars or other facts, a photograph becomes valuable evidence.  The same goes for cuts, bruises or other injury-related pictures.

Doesn’t the Police Report Provide the Evidence I’ll Need?

Actually, no.  The police officer probably wasn’t a witness to the collision. The officer will fill out a report based on the stories each person provides.  The officer may include other comments about what was found at the scene.  Legally speaking, the police report is hearsay.  However, this is a factor in your auto accident claim.

Can Back Child Support Affect an Automobile Accident Claim?

In Kentucky, while you have a personal injury claim, the Child Support Division will have a lien against your case.  They will often exempt medical expenses and attorney fees, but the can assert a right to maximum amount of your settlement required to satisfy the back child support.  There’s really nothing your attorney can do to prevent this from happening.  However, you attorney may be able to negotiate some room for extenuating circumstances.

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.

In-Depth Legal FAQs: Comprehensive Answers to Car Wreck Queries

Episode 13: On today’s episode, Jim Desmond answers Frequently Asked Questions. Let’s face it, it is hard to understand the law if you aren’t a lawyer and even if you are one, it can still be challenging to work through all of the issues involved in car wrecks. Today we will be answering questions and hopefully be able to help you to better understand when auto accidents.

Car Wreck Attorney Jim Desmond

Do I have a personal injury claim if I do not have car insurance?

The answer is yes. This happens to be one of the biggest things that people mess up. In Kentucky, if you don’t have car insurance, you cannot recover the first $10,000 of your medical bills. In Indiana, there is not a penalty. If the other driver is at fault and insured, then you still have a personal injury claim. If you are unsure or turned away from other law firms, it’s important to keep trying. It is very important to try to be insured because then you won’t be penalized and there’s a possibility to make an underinsured claim, which says basically that your damages are more than what you may be recovering from the at-fault driver.

Why do I have to use my car insurance for the medical bills if I was not the one who caused the wreck?

In Kentucky, the idea is that you should not have to show fault or liability on a driver to get your medical treatment. If you get in a car accident, no matter how it happens, you are immediately entitled to $10,000 in medical expense coverage, which is called no-fault insurance. It’s not just your medical expenses covered, it also can apply to loss wages and loss of services and this even goes for the passengers of the car. It doesn’t mean you can’t recover the $10,000 back, you just have to pay it up front. The reason that Kentucky has that is because in exchange for that right, we give up the right to recover the first $10,000 in medical bills. It’s good because you have money there that can help you if you were to get hurt. The first question when it comes to car accidents is who is insured and for how much?

How do I get my car fixed after a car wreck?

You have two ways to get your car fixed. The first is when you are in an accident, police will usually arrive and take the drivers’ insurance and stories. After that, you wait for your police report, because that gives you the other driver’s information. This allows your attorney to contact the other driver’s insurance company to start a claim. Unless the person who hit you takes responsibility, the insurance company is allowed to investigate the case. The issue if they don’t take responsibility, is your car will just sit there. The second is if you have collision coverage on your car, you can use that. The downside of this is you lose your deductible. Later, you can get this back if the other driver is at fault.

How do I get the rental car extended?

If your car is fixable and at a repair shop, it won’t be that hard to get it extended because the body shop should be staying in touch with the insurance and keeping them updated. When the car is a total loss, they will owe you fair market value. This can be hard because you may have put a lot of money into the car to keep it driving, but they will see it as it is. Sometimes you can argue for more, but there’s really no way around it. When your car is totaled, the insurance company will limit how long you will get to use a rental car for, the average is usually 10-14 days from the day of the accident.

If you’re in an accident and the other insurance is not accepting fault right away, what should the driver do?

You should open the claim and talk to a lawyer. Many times, they will send investigators out and look at the area.  Sometimes, we’re lucky enough to find cameras which may have recorded the accident. Another important thing is to get the witnesses’ information and don’t rely on the police officer. Sometimes people’s numbers change, or numbers can be wrong, so it is important to have those contacts. If you are waiting for the other driver to accept fault, they do have a reasonable amount of time to go through everything with their insurance and to investigate. Usually the more information you have, the faster it will be.

Why would I involve my health insurance if the other side hasn’t paid my medical bills yet?

The first thing to understand is that the other side won’t pay anything until they pay for everything at once. They do this so they won’t be making multiple payments. The other insurance adjuster will try to dispute everything and try to see if your injuries could be from preexisting issues. Usually, before you are seen, they will want to use your medical insurance for co-pays, which you’ll have to pay to get treated. One key step is to reserve the no-fault coverage, because that $10,000 can be used to pay things like co-pays or deductibles.

Are attorney fees negotiable?

Yes. There is no law that requires an attorney to ask for a certain amount for personal injury cases. The standard for a car wreck case is 1/3 of what you recover and 40% if it goes to a lawsuit. Most injury lawyers use contingency fees, which means the client owes nothing unless something is recovered. It costs 1/3 because some cases can take more than a year to resolve.

Will I make more money going to court rather than settling a few months in?

If you go to trial, it’s like walking into a casino because you are trying to convince 12 people that your claim is worth so much money. On the other side, the defense is saying your claim is not worth that much. A lot of people think suing will get you more money, but that’s not always the case. It really depends on the value of the case. Court costs also become extremely expensive and very timely.

For more information about Louisville Car Wreck 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.

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?”

Louisville personal injury lawyer discusses the risk of motorcycles and COVID-19

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.