Kentucky Auto Accident podcast James Desmond

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.
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 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 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 to actually avoid needing the help of a personal injury attorney.
“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. 
For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.  Better yet, call Jim on his cell phone (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 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 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 offe

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 decipher. 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?
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

Episode 12:  On today’s episode, Jim Desmond will discuss motorcycle riders 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.
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.
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.

Episode 11:  Louisville personal injury attorney Jim Desmond discuss why he wrote a controversial blog post.  A lady called to see if he could help.  She had already been turned down by two other larger firms.  Jim was able to figure out that actually, a fairly significant case did exist.  Let’s talk about why this happens.
Many of the advertising law firms are very competent attorneys.  However, when there are a ton of cases coming in, the process matters.  Not every case will get the attention it may require.  This is especially true if the case isn’t being handled by an actual attorney. 
Some television ads mention how a specific firm may have tremendous financial resources to handle your case.  That’s true, but it doesn’t matter if the attorney never really gets the time to work on your case.  Large marketing budgets and staffs require a tremendous amount of case volume to support those overhead issues. 
When an attorney, like Jim Desmond, has the time to investigate the facts and details of your case, there’s a good chance that an effective strategy can be developed, assuming the case itself has merit.  Small discrepancies in the facts can lead to significant outcomes.  An attorney needs to assess all of the factors, develop a strategy for the case and begin pounding away at the facts of the case.  This takes time and attention to execute.
If you’ve been in an accident, the evidence is critical.  Photographs, witness statements and other types of evidence help to support your attorney’s argument in the severity of the case, the resulting damages and the value of your case.  An experienced personal injury attorney knows how to gather these elements and how to use them.  Non-attorney staff members may not have that level of experience.
Jim discusses various ways he handles cases in an effort to maximize the settlement and the funds the client keeps, once all is said and done.  This is extremely important when health insurance liens are involved.  Kentucky provides no-fault insurance, which should often be reserved to enable other sources of funds to be used before tapping into the no-fault funds, if possible. 
The facts of each case are unique to that specific situation.  How the case is approached and managed may be very different, because the evidence and the related issues require specific steps to benefit the client’s objectives.
COVID-19 Impacts Law Firms, Too
The system has slowed down for a variety of reasons.  However, the process is still moving forward.  Staying organized and carefully monitoring the documentation is even more important when others may not be responding as quickly.  Let’s be honest, the “normal” way of doing things has been disrupted.
Jim takes specific steps to ensure PPE measures are taken when he’s meeting with clients, during the COVID-19 crisis.  Much of the contact can be done over the phone, via mail and other methods.  It depends on what the individual client is comfortable with, at this time.
The key is to keep a client informed of the steps that are being taken, behind the scenes.  A lot of what goes on may not involve/require direct interaction with the client, but a good attorney will keep the client up to date on what’s going on so they know the case is moving.
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