33 min
Questions About Car Wrecks Part 2 Kentucky Auto Accident podcast
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- Society & Culture
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 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
33 min