Jim Desmond Law Office,PLLC

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(502) 694-1888

4965 US HWY 42, SUITE 1000, LOUISVILLE, KY 40222

Jim Desmond Law Office,PLLC

When your car has been damaged through a car accident, there are two ways to get the repairs to your car paid for. The first is to use your collision coverage on your own automobile insurance which will require: 1) you purchased collision coverage before the car wreck AND; 2) you will have to pay your collision deductible. (As long as the other driver was at fault for the wreck, we can try to recover that collision deductible from his insurance company) The second way is to let the insurance company for the at-fault driver pay for the repairs. While you don’t have to pay a deductible this way, the insurance company for the at-fault driver does have a reasonable amount of time to investigate the claim, talk to their insured and obtain a copy of the police report.

As a result, they are not going to move as fast as your own insurance company. However, you won’t have a deductible and they will put you in a rental car while your car is being fixed.

Will My Car Insurance Premiums Increase If I File A Personal Injury Claim?

In Kentucky, there is a statute that says your insurance premiums are not supposed to be increased for a car wreck that was not your fault. Also, if your insurance company already knows about the car wreck, it is like you get out of a pool of water and I throw a bucket of water on you. I did not make you anymore wet by throwing the bucket of water.

Should I Call My Insurance Company After A Car Wreck?

Yes. First, your insurance company has a right to investigate the claim and if you fail to cooperate with them, you could jeopardize your insurance coverage. Also, if you think you might be the slightest bit at fault for the wreck, you want your insurance company to investigate the facts of the car wreck and be preparing to defend you on any claims that might be asserted against you. Also, it helps to confirm what insurance coverage you have available (e.g. no-fault coverage, rental car coverage, gap insurance) to assist you in the handling of the car wreck. However, please understand that an insurance adjuster is not a licensed attorney so I would be cautious about relying on any legal advice that may provide you with.

How Do I Get A Rental Car After A Car Wreck?

If you have rental car coverage with your own insurance company, you can use it immediately and even before the accident report is ready. If you do not, you need to know who the other driver was insured with and open a claim with that insurance company. For the insurance carrier of the at-fault driver to cover your rental car expense, they will need to accept fault for the wreck, have a valid policy of insurance covering their driver and have had a reasonable amount of time to investigate the claim/talk to their driver. Please note that you want to clarify with the insurance adjuster what rental car charges they will pay for and when you will have to return the rental car. Most insurance companies will not pay for insurance coverage on your rental car.

As a result, rather than pay a rental car company insurance that pays for any damage to the rental car, I recommend that you call your insurance company and add collision coverage to your own automobile policy for while you are in a rental car. Typically, this will cover any damage to the rental car and it is cheaper than paying a rental car company $20 a day for insurance coverage.

How Do I Get A Police Report Amended If It Says I Was At Fault For The Car Wreck?

I generally do not believe in trying to amend a police report. In short, I think the police are very reluctant to change the initial report and it takes a lot more effort than it is worth. Let me explain. A police report is an indication of who is at fault for a car wreck and generally, the police put one at fault for the car wreck as the #1 driver on the report. However, a police report is not a conclusive determination of who was at fault for a car wreck and generally, other than facts specifically observed by the police officer such as the length of skid marks, it is considered to be hearsay. Most juries will never see what the police report says. Therefore, I prefer to put my time into other ways in which to convince the insurance companies that you were not at fault for the car wreck.

Specifically, I might send an investigator out to the scene to look for video footage of the car wreck from security cameras. Also, we might try to obtain statements from witnesses that may not have been listed on the police report. I find that these types of investigative procedures for a car accident tend to be more convincing to an insurance company than an amended police report.

Can I Lose My Rights If I Sign Any Documents Provided By Insurance?

It all depends upon which forms they are putting in front of you. If it is a Release, then yes! A release is a full and final settlement of any rights you have from a car wreck. As I tell all my clients when we are resolving their personal injury claim, it does not matter how severe your injuries were or when new injuries are discovered, once a personal injury release is signed you cannot recover anything further.

For more information on Getting A Car Fixed After An Accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 694-1888 today.

Attorney James Desmond

Call Me On My Phone: (502) 694-1888