Reflecting on Past Injury Cases: Lessons from the Yugo

Does anyone else remember the Yugo? It was a car built by the former Soviet Union in the 1980’s. Its reliability was so bad that you would have been better off driving a Ford Pinto than buying that car. Well, no matter they try to claim otherwise, there is no way any personal injury attorney, including the law firms that claim to be so BIG, can make it so that Yugo can win the Indianapolis 500.

the yugo

Buying car insurance is like buying an automobile. If you buy the Yugo, you may save money up front but you will have a whole lot issues with reliability, repairs, etc. However, that does not mean you need to buy a Mercedes either. You need a solid insurance policy that will protect you in most circumstances and by doing so, you give your personal injury attorney something good to work with. It does not have to be perfect insurance all the time but rather, it just has to be good enough so that we, car accident lawyers, have the means of keeping you from going backwards for a car wreck that was not your fault.

You see, as much as the critics want to claim that we are just a bunch of ambulance chasers and car wrecks are just a get rich quick scheme, the real goal of any good personal injury lawyer should be keeping their client from suffering financial hardship from a car accident that was not their fault.

Well, if you have read my blogs previously, you know that I like to rant and the chances are that this blog stems from a situation frustrating my client and me. This time, we are dealing with a three car, pile-up wherein my client is being accused of not stopping his vehicle in time; even though he was hit in the rear end and pushed into the vehicle at the front of the line.

Recall that Kentucky is a pure comparative fault state which means in a car accident case, that fault can be divided among the drivers anyway a jury wants to as long as the total adds up to 100%. In this case, the insurance company is arguing that they don’t owe 50% of the damages as those damages, allegedly, stemming from my client hitting the first vehicle that had already stopped. If I was not clear, my client was the middle car in a three-car pile-up. So, in essence, the insurance company for the at-fault company is denying fault for part of the car wreck. So, back to the Yugo and how to protect yourself.

First, all my preaching about uninsured and underinsured coverage does not apply here as all vehicles involved were insured and my client was not badly injured. However, it just as easily could have applied. If my client had a surgery from this car wreck, I could see a situation wherein underinsured coverage on his own vehicle could come into play, even if the other driver was only accepting 50% fault for the wreck.

For example, assume the client has a $100,000 surgery and the other driver was only insured for $25,000. If the insurance company is successful in asserting the 50% responsibility (based on the comparative fault issue I covered earlier), the potential liability for the at-fault driver would be $50,000. However, even if their insurance company agrees to pay the policy limit of $25,000, there’s still $25,000 of medical bills remaining, not including the client’s 50% portion ($50,000 for comparative fault). Therefore, a good lawyer would be making an injury claim against the underinsured motorist coverage for at least the other 25% of medical expenses.

So yes, to say it again, always have at least $100,000 per person of uninsured and underinsured motorist coverage on your motorcycle and car insurance.

What does come into play for this wreck is the collision coverage on my client’s own automobile insurance policy. Since the at-fault carrier is unwilling to pay for all of the damage to my client’s vehicle, we can use that collision coverage to pay for the damage to the car and my client is only out his deductible. This way my client can get his car fixed and back on the road while I have time to potentially litigate the issue of fault.

What if he did not have this collision coverage?

Then we would be between a rock and a hard place because he has a car that needs repairs to be operational and yet, he has no way of paying for these repairs. To complicate matters, lawsuits wherein we are trying to prove to a jury that the other driver was at fault, usually last anywhere from 18 months to several years.

In essence, we would need time to prove the other driver caused the wreck and of course, the client does not have time because he would be without a vehicle. So back to the original point which is, the better insurance you buy before the car wreck happens the greater tools you give a car accident lawyer to work with if an accident occurs. After all, the Yugo will get you there, but it may not have been the best option in the long run.

For more information, listen to my Kentucky Auto Accident Podcast or watch some of my personal injury videos on the website. Remember, you can always call me on my cell phone at (502) 609-7657.

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.

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.

Personal Injury and the Corona Virus

As a personal injury lawyer, I did not expect to have to comment on the coronavirus. However, several phone calls I recently received have made a couple of points worth mentioning.
1)    I am still open and doing business. If you have a legal question about a car accident, I am still answering my cell phone and will continue to do so.
2)    Many aspects of a personal injury claim can be handled electronically if that makes you more comfortable.
3)    Yes, I am happy to come to you to meet with you or we can handle most of the initial sign up over the phone.
4)    If a doctor’s office is closed because of the virus, we can find you another one where you can continue your treatment. I know of some doctors who will even come to you.
5)    Most importantly, from what I am hearing about the virus, I expect the U.S. economy is going to suffer a downturn.  Because of this downturn, there is a strong likelihood that more drivers will not have car insurance or will lower their liability coverage in an effort to save money. As a result, it is all the more important that you realize that the other driver may not have enough insurance coverage to pay the medical bills from your car wreck or any of your other out of pocket expenses.
6)    As a result, the need to have at least $100,000 per person of uninsured and underinsured motorist coverage, on your own automobile insurance, is all the more important.

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.

Podcast Episode 1 – Introduction

Episode 1

Meet Jim Desmond, Louisville Car Wreck Attorney

Jim Desmond is a personal injury attorney licensed to practice in both 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.

Why he went into law and specifically injury law

Jim decided to practice injury law because it’s similar to building a puzzle. There’s a lot to know about who is responsible and where insurance coverage might exist to help pay for your injuries. You can call Jim on his cell phone at (502) 609-7657. No one plans to be in a car wreck. You need someone to rely on for solid advice.

Remember, the insurance adjuster is not the best source of information, because they are not there to help you. They’re trying to find a way to minimize the amount you receive.

Jim originally began working for a larger personal injury firm. Unfortunately, there’s a high case load and the involvement of multiple paralegals is common in large firms. Jim prefers to handle cases personally. He wants to be able to work directly with his clients.

You need insurance to protect yourself, as well as others

In Kentucky, the state minimum is $25,000, but nothing in the law guarantees the other driver has enough insurance to cover you. One type of coverage is: Under Insured – the at fault driver has insurance, but not enough to fully cover your medical bills, property damage or pain and suffering. Another important type of coverage is: Uninsured – the at fault driver doesn’t have insurance at all.

No-Fault in Kentucky

Doesn’t mean you can sue the driver who caused the collision. No-Fault means you automatically have coverage for medical bills and lost wages, up to $10,000. This is also called “personal injury protection” (PIP).

If you’ve been in a car wreck

Go see a doctor. You need a formal medical record to support your claims for injuries. It’s important that you document the injuries so the insurance company can’t try to blame the injury on something else that happened later (e.g. you fell down)

Representing yourself vs. working with an attorney

You could try to represent yourself, but you may not get the same results. Risks of mistakes can seriously cost you money in your settlement. It’s about what you’re able to keep after you settle your case. Insurance companies can attempt to recover a portion of your settlement (“subrogation liens”). It’s the law.

You’re often better off working with an attorney who knows how to negotiate with the adjusters. The attorney is also there to help you to consider future expenses you may incur for ongoing treatment. Once you sign the settlement and release, there’s no going back to recover money of unforeseen expenses.

Fees and Jim Desmond’s promise not to make more than his clients

For cases not involving a lawsuit, Jim will lower his fees to ensure his clients make more that the attorney fees.

This Happened This Week

A client ended up hiring Jim, because another attorney provided an quick case value, without really knowing the facts of the case. There are many factors that go into valuing an injury case. How much your case is worth depends on many issues, including the insurance company, the injuries, the value of the property damage and much more. It’s a bad idea to hire an attorney because he/she makes a promise of getting you a high settlement. There’s no way reliable way to realistically estimate the ultimate settlement without fully preparing the facts of the 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.

Tag: car wreck