Injured in an Automobile Accident?
As a personal injury lawyer, it is my job as your lawyer to help you recover money for your pain and suffering claim. Plain and simple, the Kentucky legal system only allows for the recovery of money for your pain and suffering claim. Therefore, as a good personal injury lawyer that focuses on car accidents, it is my job to maximize the amount recovered on your claim for pain and suffering.
However, a good injury lawyer must remember that he also has to make sure you can afford medical care for the your injuries sustained in the car crash, get your medical bills paid usually by your no-fault carrier, and recover your lost wages. Now, keep something in mind about personal injury law, it only allows for the recovery of money to compensate you for your damages. If the law regarding car wrecks and motorcycle accidents was fair, the at-fault driver would have to help you get to the doctor and get your car repaired, among other things. However, injury law does not want to force servitude on someone or have court battles over why an assigned task was or was not completed. As a result, motor vehicle injury law only really only allows for the recovery of money to compensate you for pain and suffering claim and your out of pocket expenses. (An exception to this is for drunk drivers and the recovery of punitive damages. https://www.attorneydesmond.com/criminal-conviction-d-u-used-increase-value-personal-injury-claim.
But common sense tells you it does no good to hire a personal injury lawyer if that lawyer’s attorney’s fees, your medical bills and the health insurance liens eat up all of the money you recovered. https://www.attorneydesmond.com/erisa-and-health-insurance-subrogation-claims/ That’s why a good car wreck lawyer not only has to try and maximize the amount of money recovered on your personal injury claim but also, minimize the deductions that will lessen the amount your are able to put in your pocket. In essence, a good car wreck lawyer not only tries to recover as much money for you as they can with their right hand while minimizing the deductions from your personal injury settlement with the left hand.
However, the most important part of personal injury law is understanding that a personal injury lawyer is only as good as the tools you give them to work with. What I mean by that is you have to plan ahead for the possibility of a car wreck and have on your own car or motorcycle insurance significant levels of uninsured and underinsured motorist coverage. http://www.attorneydesmond.com/finding-layers-of-insurance-coverage.
Also, you can’t make assumptions that everything is going to work out and the insurance company is going to be responsible for all your damages. I had a call recently wherein the client was hurt but he did not get any formal treatment with a doctor. After several months, the insurance company informed him that they did not have enough insurance coverage to cover all the repairs for his automobile. So effectively, he was losing out on his property damage claim and did not have a personal injury claim because he did not have medical records and bills documenting his injuries. Basically, from the first day of the car wreck, you need to understand that you may have to present your injury claim to a jury several years from now.
Some car accidents only involve a cervical strain or a lumbar strain. Others, involve more serious injuries such as a closed head injury or something more serious such as brain injury. (http://www.attorneydesmond.com/head-injury-from-a-car-wreck/ ). Either way, I will work hard to recover the full value of your personal injury claim as well as to minimize the ERISA liens and medical expenses that have to be paid out of the injury settlement. I use every means available to me to minimize the medical expenses stemming from your autombile accident, because the less paid for your medical bills means the more money you recover for your personal injury claim.
The Do’s of a car wreck claim:
- DO consult a personal injury lawyer for legal advice concerning the car crash. My cell phone is 502-609-7657 and yes, Attorney Jim Desmond will answer your call. I don’t use an answering service!
- A car wreck attorney should review your automobile insurance policies and the police report with you. Any good, personal injury attorney worth a damn should not charge you for the initial meeting.
- You should notify your automobile insurance company right away after you are in a car wreck. Your company has a right to investigate your personal injury claim and has a duty to defend you from any claims asserted by the other driver if you were at fault in causing the car wreck. I will tell you to cooperate with them but, do not minimize your injuries or your pain. Many injuries from a car wreck do not show up until several days after the accident.
- Allow your insurance company to arrange for the inspection of your car. And yes, if they want to move your car to a lot that does not incur storage charges, I will suggest you let them. Also, take pictures of damage done to your motor vehicle by the car wreck.
- Take pictures of your contusions/bruises or lacerations/scrapes. Take pictures of the damage to your car and the accident scene as well. You are trying to get your claim ready to present your injuries and medical treatment to an insurance adjuster or a jury. A picture is worth a thousand words.
- Get the names and phone numbers of the insurance adjusters with whom you communicate. You will also want the claim number assigned to your personal injury claim.
- Allow a personal injury lawyer to investigate whether you have additional car insurance coverage that may not be readily apparent. I have had cases wherein an automobile insurance policy applied to a motorcycle accident. It all depends upon how the policy was written and the facts of the accident.
- Keep the receipts for money you’ve spent on car rental, medical bills, prescriptions and purchases made in connection with the motor vehicle accident.
- Make sure you’re aware of the difference between the replacement value of your car and what you actually owe on the car. If the car is totaled, most car insurance will cover only the fair market value of your car at the time of the accident. You may owe more than that, however, on the loan or the lease of the car. Gap coverage makes up for this difference. Additional coverage is usually necessary for things like a special sound system in your car.
The Dont’s of a Car Wreck:
- DON’T settle any part of your personal injury claim. The latest tactic is for insurance companies to tell you that you don’t need an attorney and they will pay you $500 to $1,000 to settle your claim right now. You need to understand that they are simply down playing the risk that you will need future treatment. See this blog post I wrote for more information on this subject.
- DON’T sign a legal release or legal waiver until you have gotten reliable legal advice. You may feel pressure to agree to a personal injury settlement from an auto insurance company but, it is your legal rights you are signing away. Make sure you are ready to settle your personal injury claim.
- DON’T accept a check from your insurance company — especially one that says “final payment”. As your personal injury lawyer I can help to ensure you receive better treatment.
- DON’T feel bad for contacting a personal injury attorney. Contrary to the popular misconception, most of my clients are not after a fast buck from a personal injury claim. Rather, the vast majority of my clients come to me and tell me that they would not be contacting me but, they thought it was necessary because of the way the insurance company treated them.
What Do I Do at the Scene of the Car Wreck?
If you have an automobile accident in Kentucky or Indiana, it is best that you call a police officer and ask that an accident report be created. I still encourage you to get the other driver’s information directly from his driver’s license as well as the license plate of the vehicle. For the at-fault driver, you will want his name, address, and his automobile insurance information. Try to see the actual insurance card for that motor vehicle, and write down the automobile policy number and a contact phone number for the insurance company. Also, make sure you write down any other names listed on the automobile insurance card. It makes things easier in tracking down the correct automobile insurance policy as the insurance company may not have a policy indexed under the at-fault driver’s name but rather, under a relative’s name.
In the Louisville area, it is pretty easy to run a person’s license plate. The department is called Kentucky Motor Vehicle Logistics and it is located in downtown Louisville. This department keeps the automobile insurance information on file for the last time that motor vehicle was registered. In Indiana, you have to try and contact the Indiana Bureau of Motor Vehicles in Indianapolis.
I also suggest that you talk only to the police officer about how the car wreck happened. It is his job to determine, as best he can, how the car wreck happened. You don’t want to be thinking you are at fault for a motor vehicle accident when in fact you are not.
Avoid anyone who comes to the accident scene and tells you that they can help you find a personal injury lawyer or a doctor. In Louisville, Kentucky, these folks are referred to as runners or bird doggers. They act like they are your friend and then they send you to a doctor or lawyer who pays them for the referral. Whether it is a doctor, chiropractor or lawyer, you want someone who has your best interests in mind. If someone has to pay for a referral, they don’t meet that standard.
How do I obtain a copy of the accident report for my car wreck?
When it comes to obtaining a police report for a car accident, you hear a lot of different things. The investigating police officer will tell you the report will not be ready for 7 to 10 days but honestly, that is not always the case.
When I meet with someone who has been injured in a car wreck, one of the first things I do is try to obtain a copy of the police report. If the client brings the police report number with them, I will go to buycrash.com and try to see if it is ready. Rather than wait the 7 days suggested by the police officer, I will start looking at http://buycrash.com on the day following the car wreck. If the accident report is not ready, I can ask them to send me a notification, to my e-mail, when it is ready. On the downside, the report costs $10. On the upside, I can print it up off the computer and provide my client a copy with the same. https://www.attorneydesmond.com/get-a-police-report-for-your-louisville-car-wreck/
If I am missing the accident report number or buy crash.com is not pulling it up, I will call the records division of the Louisville Metro Police Department (502-574-2050) and see if they can locate the report based upon the client’s name, the location of the wreck and the date of the accident. Usually, LMPD prefers a fax these days. As a result, I may send them a letter like the one below:
Louisville Metro Police
VIA FACSIMILE: (502) 574-2126
To Whom It May Concern:
I represent in regard to a motor vehicle accident on __________. My client is ________. The report number should be 8017065____ but buycrash.com is not allowing me to pull it up. Thank you.
James D. Desmond, Attorney
Once obtained, the police report should list not only the names of the respective drivers but also, their insurance carriers. If the insurance company for the at-fault driver is not listed, I will run the license plate with Kentucky Motor Vehicle Logistics, (502-574-3480), a division of the Jefferson County Clerk. They can usually give me the insurance company and policy number for the last time that vehicle was registered. If they won’t release that information to you as a consumer, contact me and I will try to obtain it for you even if you do not wish to make a personal injury claim.
While Buycrash.com works great, it is not flawless. First, your information has to match the exact information on the police report. So this morning, a lady called me about a car accident 7 days ago and she told me the accident report still was not ready. I called over to the Louisville Metro Police (502-574-2050) and found out that her name was misspelled by one letter. As a result, her report was ready before now and she did without a rental car longer than she needed to.
Whether you want to make a personal injury claim from a car wreck or not, you need a copy of the police report so you can look at getting your car fixed and a rental car. Also, when your insurance company tries to raise your rates in the future, you can at least prove through a copy of the police report that you were not at fault in causing the car accident. And yes, as a general rule, the investigating officer will put the car that he thinks is at fault as the number one driver.
How Do I Get My Police Report Amended to Correct Bad Information?
You can contact the investigating police officer and ask him to amend his report if it is inaccurate. However, my experience is that they are very reluctant to do so and my clients tend to get frustrated on this issue. Yes, the police report is very persuasive on the issue of fault. Nevertheless, it is not the final say on the issue of fault. In fact, unless the police report addresses facts such as distance, speed or objects that were hit, there is a good chance that a judge is not going to let a jury see it as it is considered to be hearsay.
Generally, I tell my clients don’t try to get the police report amended. We will just have to present to the insurance company the evidence we have countering the incorrect information.
The Insurance Company Wants to Total my Car, but I Don’t Want it to be a Total Loss. What Do I Do?
According to Kentucky law, the insurance company has to total your car out if the repair costs equals 75% or more of the fair market value. The fair market value is what the car would have sold for before the day before the accident occurred.
You can keep your car. However, the insurance company assigns what it calls a “salvage value”. Salvage value basically refers to how much the insurance company will get from the junkyard once your car is totaled out. So if the insurance company was offering you $3,000 to settle your property damage claim and they assigned a $500 salvage value to your car, you could keep your car but they would only pay you $2,500 for the car.
Nevertheless, they will not issue you a check until you apply for a salvage title with the County Clerk’s office. You will need to check with the County Clerk as to what it takes to obtain a salvage title to on a car and to get it relicensed so it can be driven on the roads again as it is a complicated process. The gist of it though is that you have to turn in the license plate so that the car can not be driven on the road, get some work done to the car to make it roadworthy and have a mechanic complete a form obtained from the County Clerk describing the work that was performed. In other words, it is not an easy process. But if the car can still be driven after the motor vehicle accident as it was primarily cosmetic damage and the insurance company assigns a low salvage value to the vehicle, it can be worthwhile to obtain a salvage title. You have to look at each case, run the figures and make a determination as to whether it is worth the hassle of obtaining a salvage title.
My Car is a Total Loss. What Does the Insurance Company Owe Me for My Car?
If the car is a total loss, the insurance company owes you the fair market value of the vehicle. Of course, this figure can differ depending if you are using NADA, Kelley’s Blue Book or another source. I tell all my clients to get together all the receipts they can to show the car is worth as much as possible. You want to show the costs of any improvements to the car (e.g. radio, wheels, window tinting) as well as the fact that the car was in good working order. You want to show that I, as the average consumer, would have paid a higher than average fair market value because the car was well maintained.
Can I Get a Rental Car Because of the Automobile Accident?
Yes, you do have what is known as a loss of use claim if your vehicle was not driveable because of the motor vehicle accident. In Kentucky, the statute is KRS 304.39-115.
The statute is interpreted generally to provide a reasonable loss of use. Reasonable is usually interpreted as between 10 to 14 days of a rental car.
The Insurance Company is not Responding to My Request for a Rental Car. What Should I Do?
First, you need to understand that the insurance company is not going to pay for any of your damages unless they believe their insured was at fault in causing the accident. Second, they do have a reasonable amount of time to investigate the claim and get a statement from their driver. Lastly, they are not going to pay for anything if there is any coverage issue. For example, coverage issues can exist for non-payment of insurance premiums or unauthorized drivers using the vehicle.
If they do authorize a rental car, you need to understand that normally they will not pay for any insurance coverage on the rental car as most companies consider that our responsibility. I suggest you contact your own automobile insurance company and put collision coverage on your car insurance while you are using the rental car. It is cheaper than paying a company like Enterprise $20 a day for insurance coverage.
My Car Was Damage in a Car Wreck, but I was not Injured. How Can I Protect Myself?
Your case lives and dies on the material contained in your medical records. If you were truly not injured, great! However, if you are having any complaints of pain whatsoever, go and get checked by your family doctor within three days of the motor vehicle accident. Otherwise, if problems develop three weeks later, it looks like you were not hurting for the past three weeks and that the car wreck was not the cause of your injury.
How Do I Get My Car Fixed When it Has Been Involved in a Motor Vehicle Accident?
If you only have a property damage claim from a motor vehicle accident, you can address that claim in one of two ways. First, you can use your own automobile insurance coverage to pay for your damaged automobile if you have collision coverage on your car. The downside is you will out your deductible until it can be recovered from the at-fault driver’s insurance company. The upside is that your car will probably repaired faster.
The second way is to allow your property damage to be handled by the insurance company for the at-fault driver. The upside is that you don’t owe your deductible this way. The downside is that you have to know which company this person is insured with, allow them time to investigate the claim and allow them time to inspect your vehicle.
Can I Take My Car Wherever I Want to Get it Fixed?
Yes, you can take the car to whatever body shop you want to use to have it fixed. The insurance company cannot force you to use a particular body shop. Nevertheless, you may want to consider using a body shop they recommend since some offer extra assurances when one of the body shops within their network is used. Either way, please remember to use a body shop you can trust and make sure they did the work properly before you pick the car up. Once the insurance company cuts you that check for your property damage, they are going to take the attitude that their job is done and if the body shop did not do the repair right, you need to address that with them.
Do Consult a Car Crash Attorney
Your insurance company is legally obligated to follow through on the terms of its contract with you. You have the right to make sure that happens. Contact a personal injury lawyer who will offer you support, guidance and advocacy. Speak with a lawyer from the Desmond Law Offices, PLLC, in Louisville, Kentucky, to discuss your situation. Whether the accident happens in Kentucky or Indiana, I can help. I can be reached at (502) 609-7657 or 855-REACH-MY-CELL. My office is located at 4965 US Highway 42, Suite 1000, Louisville, Kentucky.
Compassionate Personal Injury Lawyer and yet, Aggressive Attorney
I meet personally with every injured client, and will take time to listen to your situation. My first order of business is to make sure victims of automobile accidents and their families receive the medical care and insurance benefits entitled to them by the motor vehicle laws. I investigate promptly to preserve evidence about the car crash and pursue every avenue of personal injury compensation. I am not afraid to stand up to anyone to succeed in helping auto accident victims.
Your claim is important, and I will assess your case and give you an honest evaluation. Simply call me now at 502.609.7657 or click here to schedule a free case review. I can come directly to your home, workplace or hospital room if necessary.
The Kentucky State Bar requires me to say that COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.
The Desmond Law Office is a Louisville, Kentucky personal injury firm that concentrates in motorcycle wrecks, trucking accidents, and auto accidents. I offer effective and aggressive legal representation to accident victims and their families. If you’ve been injured in a car wreck, motorcycle crash or tractor trailer wreck, contact me now for a free case review.