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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.

Louisville Injury Attorney Jim Desmond Discusses what to do after a car wreck

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.

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.

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:

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.

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.

Louisville personal injury attorney Jim Desmond

 

  • 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:

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.   Co-host Jim Ray is a non-attorney spokesperson.

 

 

Episode 3 Kentucky No Fault Coverage

Episode 3 – No Fault Coverage in Kentucky

Jim Desmond is personal injury attorney licensed in Kentucky and Indiana.  His office is located in Louisville.  We will launch new episodes of the Kentucky Auto Accident Podcast, every 2 weeks.  This podcast is going to provide helpful information, so you have a better idea of what you should do after a car wreck.  If you’ve been in an accident, knowing whom to call is half of the battle.

Kentucky No Fault Coverage

This is often misunderstood, but it’s a valuable coverage for medical expenses and lost wages.  It’s up to $10,000 of coverage for you and your passengers.  It provides immediate coverage without having to prove which driver is at fault.  It’s called personal injury protection or PIP coverage.

Your Kentucky no fault coverage applies if you’re in a different state, because it follows you.  You’ll be required to prove medical expenses and/or lost wages.  It’s important to seek medical treatment as quickly as possible to establish a medical record.

In a collision, if you use your no fault coverage, you surrender the right to recover the expenses as part of your settlement.

Motorcycle coverage does not provide automatic no fault coverage.  You can purchase it, but it’s expensive for motorcyclists.  Pedestrian PIP covers a pedestrian you hit.  If you have an injured motorcycle passenger, he/she can recover the full amount of his/her medical bills from the at fault driver.

No fault coverage is usually for medical bills (including co-pays and deductibles) and lost wages.  You can buy more lost wage protection.  It’s generally a good idea.  It can also cover some replacement services, limited funeral expenses and some survivor benefits.

The funds are typically handled by the insurance company’s no fault adjuster. A claim number will be established. Your attorney can help you with your application.  Let your medical provider know your claim number and they will usually bill the insurance company.

Indiana’s system is called med-pay and must be purchased, prior to the collision.  It covers part of your medical bills.  Pay attention to any exclusions.  If an Indiana driver has a car wreck in Kentucky, you are generally entitled to no fault coverage.  You may still have your med-pay coverage for additional medical bills.

Attorney Jim Desmond Discusses Kentucky No Fault Coverage

This Happened This Week 

Jim Desmond settled a pain and suffering claim for a motorcycle client.  The client had limited, additional coverage.  Medicaid is helping to reduce the amount of the remaining medical bills.

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:

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.   Co-host Jim Ray is a non-attorney spokesperson.

Podcast Episode 2 – Determining Fault

Episode 2 – Determining Fault in a Kentucky Car Accident

Recorded Statements with an Insurance Adjuster

No one likes giving a recorded statement, especially when it comes to determining fault in an accident claim.  The adjusters have hundreds of open files.  Any piece of information you provide will go into the file.  If no one is disputing fault (e.g. they rear-ended you), why would you give a statement that might be used against you in the future?  The adjuster may try to claim, “It’s required under the contract.”  That’s not always the case.  If you end up giving a recorded statement, don’t minimize your injuries, answer the specific question they ask and don’t volunteer more information.  They will ask if they want additional facts.  You can always wait until you have your attorney present or at least on the phone.  He/she can help you to avoid giving too much information, especially if the adjuster didn’t ask for it.

Who’s at Fault? 

If you’ve been in a car wreck, get a police report.  While they are not admissible in court, they can be helpful during negotiations with the adjuster.  Establishing who had the right of way is a key part of the case, especially when it comes to determining fault.  If the other driver had the right of way, you may be at fault.  This could be the case any time you are merging into traffic or crossing an intersection.

What’s Comparative Fault?  Kentucky is a pure comparative fault state.  If you’re 99% at fault, you can still recover 1% of the damages.  This is typically determined by the attorneys and insurance adjusters.  Indiana is a modified comparative fault state.  If your fault is 50% or more, you probably won’t be able to win a claim for damages.  Determining the percentage of fault for each of the drivers is complicated and can seem arbitrary.

Will My Car Get Totaled or Repaired? 

Take pictures of the damage to the vehicle.  It can help.  The 70% rule.  If the repair cost is equal to 70% or more of the fair market value of the car.  The insurance company is required to total it out.  This means you may only get $1,500 for your car, even though you’ll need $8,000 to replace it.  Again, it’s based on the fair market value, not replacement cost.  Does the owner get a say in it?  The short answer is no.  You may get “loss of use” to cover a rental car, but the insurance company has requirements regarding the 70% rule.  If the car can be repaired, you will be entitled to a diminution in value claim.  Basically, the car is worth less now that it’s previously been in an accident.

What Happens if the Negligent Driver Doesn’t Accept Fault? 

If the other driver is claiming it wasn’t his/her fault, luckily, it’s not necessarily the driver who makes the determination.  Again, take pictures if you’re able.  Show the position of the cars, the damage, the debris pattern and even the license plate on the other car.  The police officer will attempt to make a police report.  The negligent driver’s insurance may or may not stand by their insured driver.  Collision/Full Coverage – You can use this part of your own policy to get your car repaired.  If the insurance company has a reasonable basis to dispute the claim, they most likely will.

It could take a lot of time to get this case settled, especially if there are injuries involved.  At least you can go ahead and get your vehicle repaired.  Going back to Episode 1 – “No Guarantee the other driver has enough insurance.”  Yes, you can make a claim against the at-fault driver, but if there’s no insurance, limited assets, and very little cash, you still may need to go back to your own policy (UM/UIM coverage).  UM is Uninsured Motorist coverage.  It can help cover your losses if the other driver doesn’t have insurance.  UIM is Under Insured Motorist coverage.  We can go against the driver’s liability insurance, possibly up to the policy limits.  Then, we could rely on your UIM coverage to cover a portion of the remaining losses.  If you are in an accident in a different state, your UM/UIM and PIP coverage follows you.

Attorney Jim Desmond Discusses Determining Fault in Kentucky Car Wrecks

This Happened This Week 

Some automobile insurance policies exclude motorcycles.  In this week’s case, Jim’s client was on a motorcycle.  A car pulled out, which forced the motorcyclist to lay down his bike.  No actual contact was made between the 2 vehicles.  His own insurance company paid the uninsured coverage (usually requiring physical contact, although it didn’t happen).  Jim hired an investigator who eventually found car.  Jim was able to determine insurance existed.  They made a claim, but were forced to give back the UM coverage proceeds.  The insurance company then attempted to blame the motorcyclist.  The coverage is now liability coverage, which was higher than the UM coverage.

Jim was able to recover more money as part of the settlement.  Unfortunately, the motorcyclist didn’t have under insured motorist coverage (UIM) so the recovery was capped at the policy limits of the liability policy.  Your motorcycle policy may have “pedestrian PIP” coverage.  This means that if your motorcycle hits someone, they can make a claim against your policy for $10,000.  This portion of your coverage is there to cover pedestrians, not you as a motorcycle driver.  Many people misunderstand this important coverage.

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.   Co-host Jim Ray is a non-attorney spokesperson.