Attorney Jim Desmond

Experience the Desmond Difference

desmond law logo e1638986956938 768x573

Tag: Automobile Insurance

You are here: Home / Archives for Automobile Insurance

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.

How Do I Get My Car Fixed After a Wreck?

how do I get my car fixed after a wreck?For a moment, put aside the stereotypes you have about car wrecks, attorneys who advertise on TV and insurance companies. Ask yourself this one question, “How do I get my car fixed after a wreck that was not my fault?”  If you think the answer is that the guy who caused the car accident is responsible for all of your damages, nothing could be farther from the truth.  

Very simply, a key concept in motor vehicle law is understanding that even if it is just about the damage to your car and the corresponding repair bill, there is nothing in personal injury law that guarantees you the other guy will or has the ability to pay back all of the damages he caused.  You’re at risk of asking, “How do I get my car fixed after a wreck?”

In Kentucky, a driver can lawfully insure a car for as little as $10,000 in regard to property damage claims.  This means if you drive a $70,000 Mercedes and are hit by a guy insured by Safe Auto, a company that specializes in selling the minimum amount of insurance legally allowed, Safe Auto is not going to be paying for the repairs to your car.  From a quick internet search, it looks like the average selling price of a new car is approximately $35,000.  Do you see the problem?

Kentucky law does not require the driver of an automobile to be able to pay all the damages he causes from a car wreck.

It is that simple!  Sorry, but this is an indisputable fact that every politician in Frankfort would have to agree with and so far, we are just talking about the damage to your car and not your medical expenses. 

The inescapable conclusion is that while it may not be fair or equitable, you have to have, 1) the right insurance coverage on your own vehicle(s), 2) before the car wreck happens, 3) to protect yourself from the uninsured or underinsured driver, 4) whether it is for damage to your car or for making a pain and suffering claim.  Listed below is a quick explanation of how to do that.

Important Types of Car Insurance Coverage

  • Collision coverage – It will pay for the damage to your car, less your deductible, no matter who caused the car wreck.
  • Gap or loan/lease coverage – If your car is damaged beyond repair and your bank loan on your car is higher than what the insurance company says the car is worth, this insurance coverage will pay the difference so you can walk away from the wrecked car rather than having a balance on your loan.
  • Uninsured motorist coverage – The car/driver that hit you had no insurance coverage in violation of Kentucky law or that car/driver fled the scene of the accident.  We can make a claim against this coverage for your pain and suffering claim which may include your lost wages and some of your medical bills.
  • Underinsured motorist coverage – The car/driver that hit you was lawfully insured but he did not have enough insurance coverage to pay all your medical bills, lost wages or pain and suffering claim. After we recover all of the insurance on the at-fault driver, we can recover more of your damages from your own insurance company through this coverage.
  • No-fault coverage – No-fault insurance means that the first $10,000 of your medical bills and/or lost wages are covered by the insurance company for the vehicle you are riding in no matter who caused the automobile accident.  You can buy optional no-fault coverage as well I would suggest amount $30,000 per person. If you let your health insurance cover your medical bills from a car wreck, you can use this no-fault coverage to pay the co-pays/deductibles from your health insurance and/or any lien that might be asserted by your health insurance against your personal injury claim.
  • Suggested amounts of these uninsured and underinsured motorist coverage – $100,000 per person and $300,000 per accident or higher amounts if you can afford more.

The bottom line is that to answer the question, “How do I get my car fixed after a wreck?” the answer is it may depend on you.  You can’t control the type and amount of coverage the at-fault driver carries, assuming he/she had insurance in the first place.  The best way to protect your car, is to properly insure your car.  Does it cost more to do this?  Probably so.  But, if that car is your only means of getting to work, it may be worth the extra investment in your job and financial security.