You have just been in a car accident. You may not think that you’re injured.  You may not have any immediate pain, so why go to the doctor? Two weeks down the road you may start to feel a little bit of pain in your neck.

• What do you do then?
• Can you go to the doctor?
• Will your medical bills be paid?
• Can you still collect for your pain and suffering?

When you’ve been in a car wreck you are in shock. You are running on adrenaline right after the accident.  This masks any pain that you may be feeling.  You don’t always know whether or not you are hurt.  There are many people that don’t feel the pain until the next day, or even a week, or ten days after an automobile accident.

One of the tactics that insurance companies and insurance defense attorneys use is focusing and talking about that gap in treatment or the accident victim’s delay in seeking treatment.  They use argue that you weren’t really injured.  They say that if the pain was that bad why didn’t you go to the doctor immediately?  If the pain was that bad why did you wait the seven, eight or ten days?

Anytime you have a question like this that you have to address in a trial it can have an effect on what happens in your case.   Accident victims should go to the doctor and get checked out immediately following an accident just to make sure that they are not injured.

If you have car insurance, or you’re a passenger in a vehicle, in Kentucky you have Personal Injury Protection, or No Fault Benefits.  There is a minimum of $10,000.00 that will go towards your medical bills and/or lost wages.  Any medical treatment you receive will not come out of your personal pocket as long as there’s insurance there. There is no reason not to seek immediate medical attention following a car accident.

As parents, our number one priority is our kids. I have two daughters and am probably over protective. We set a lot of limitations, precautions and care for them. It is hard to trust others with our kids, maybe even with our own parents (their grandparents!).

Guess what? Maybe we are wrong. There’s a new study which shows that children are less likely to be injured if grandparents are driving as compared to the parents. That is your kids are more likely to be involved in a car accident when they are with you. I find this unbelievable!

The study was based on data from nearly 12, 000 children from 15 U.S. states between 2003 and 2007 injured in car crashes involving children younger than 16. This study was published in the journal Pediatrics. Dr. Fred M. Henretig, an emergency medicine physician at the Children’s Hospital of Philadelphia, is the lead researcher on the study. 0.7 percent of children were injured in the crash when grandparents were driving compared to 1 percent when parents were the one driving.

Older drivers are just not as safe. That is the general consensus. We think that grandparents driving is worse because they used old cars and they lack knowledge in new technologies.

There are factors that Dr. Henretig cited as reasons for the lower injury risk of children when with their grandparents.

* Grandparents drive at a lower speed
* Grandparents do not following the car in front of them quite as closely,
* Grandparents think that grandchildren are special cargo,
* Grandparents are less distracted than busy working parents tend to be.
* Grandparents focus on their driving and refrain from distractions like using cell phones, fiddling with the radio, eating while driving or thinking about their work.

The bottom line is that the risk of being injured in a Kentucky car accident goes down when we care about what we are doing and are not distracted. Focus on driving and your risk of being injured in a car accident will likely decrease.

Steven Wilson was the passenger of a Jeep Grand Cherokee and was insured by State Farm.  The car was involved in an injury car accident on August 29, 2009. Unfortunately, the driver of the other vehicle who was at fault was uninsured.  Wilson had significant medical bills due to the accident. Some of these medical bills were paid by the Medicare (This is the practice in Kentucky after the PIP benefits are exhausted. The payment creates a statutory lien requiring the recipient of the Medicare benefits to repay Medicare. This is called a super lien because the attorney and the insurance company are also liable if payment is not made). The State Farm insurance policy available to Wilson was an uninsured motorist policy. The policy limits were only $50,000.

State Farm asked permission to discuss the lien with the Medicare. This was refused by Wilson.  Wilson then demanded the insurance settlement be deposited in an attorney escrow account.  State Farm suggested including Medicare as a payee on the settlement check which was also rejected by Wilson.  Eventually, State Farm issued separate checks to Medicare and Wilson while waiting for Medicare’s determination of the value of its lien.

Dealing with Medicare is frustrating for accident victims as well as their personal injury attorney. They are typically slow in responding to lien amounts which will hold up finalizing a personal injury settlement.  Unfortunately, there is nothing that can be done to speed up the process. Patience is the key.

In Wilson v. State Farm Mutual Automobile Insurance Company Co, Steven Wilson claims State Farm acted in bad faith by delaying payment of the policy limits more than 30 days.  According to the Courts opinion State Farm learned the value of the Medicare lien after two months when they paid both the Medicare and Wilson.

Judge John G. Heyburn, II signed a Memorandum Opinion and Order on June 14, 2011 granting State Farm’s motion for summary judgment and dismissing the complaint with prejudice.  Wilson’s motion for summary judgment was also denied.  The Court concluded that delay or withholding of payment until a determination is made with respect to Medicare’s conditional payment amount alone does not constitute bad faith.  State Farm had the willingness to settle its accounts. The fact that they attempted to determine the amount to be paid to Medicare was considered a reasonable precaution to protect itself from overpayment.

Under Kentucky law in order to withhold payment on an insurance claim the insurance company must:

1. Have an obligation to pay the claim;
2. Not have a reasonable basis for failing to pay the claim; and
3. Know that it lacked a reasonable basis to delay payment or act in a reckless disregard to the existence of the basis.

Although I understand the Court’s ruling, I see this opinion being used to delay payments in accident cases. This will allow the insurance company to hold onto the settlement amount and earn interest while the injured accident victim struggles to make ends meet. Surely there is a better way.

Are you insured?  If you are, you know its importance!  If you aren’t insured, what is your problem?  You definitely need to.  Everyone knows the importance of having Kentucky car insurance.  Why don’t all Kentucky drivers have insurance? The economy, recession and no jobs are all excuses.  Car Insurance is neglected by some drivers, meaning an increased number of uninsured motorists in Kentucky. According to the Insurance Research Council, the estimated number of uninsured drivers is as high as 25% in some states.

In Jefferson Country, Louisville, Kentucky a program allowing uninsured drivers to avoid a huge fine has been stopped because court officials found it impossible to monitor the high number of participants. It ended May 6, 2011.  Jefferson District Court judges determined that the Insurance Diversion Program wasn’t managed properly and was unsuccessful. Chief District Judge Sean Delahanty said that the court system lacks manpower, technology and resources to deal with the program.

There are about 7,000 participants in the No Insurance Diversion Program.  The people are living pay check to pay check.  They make choices on how to spend their money. Often food and clothes wins over car insurance.  The financial penalty for getting caught with no insurance makes it harder to pay for insurance and comply with the law. The current participants will be the last unless the judges and state Administrative Office of the Courts officials figure out a way to run it effectively.

Under the program, participants who were referred by prosecutors, would plead guilty and show proof of insurance. Then court workers would call the participants’ insurance companies every month to ensure they kept the insurance policies hadn’t been canceled. At the end of the two years, the charge was dismissed and could be taken off their record.

This was an effective way of helping to keep insured vehicles on the road.  Unfortunately, as a Kentucky personal injury attorney, I see accident victims who have been injured by careless drivers who have no insurance routinely.  With so many uninsured drivers on the road I strongly urge you to check your auto insurance policy and make sure you have uninsured motorist coverage.  The cost is usually less than $50.00 a month.  This could make the difference in being compensated if you are in an auto accident with an uninsured Kentucky driver.

In Kentucky it is the law that you have insurance on your car.  It makes sense.  Insurance can save you from financial ruin if you are in a car accident.  It protects you, your passengers, your fellow drivers, other’s property and your vehicle.  As a personal injury attorney I see some auto insurance companies that are denying, delaying and defending car accident claims.  Unfortunately, it seems to be a trend. The insurance company will argue that they are protecting the rights of their insured and stockholders by denying claims.  I don’t feel that this is the truth. People who have legitimate claims are forced to wait for years to resolve their dispute and are put on the verge of financial ruin in many cases. I guess this is what courts are for, but it doesn’t make what an accident victim goes through any easier.

Something that further engrains my skepticisms is an infographic I read by the Christensen Law Firm. According to the infographic many auto Insurance companies earn a very large profit.  I mean a VERY LARGE PROFIT! The following shows the highest earner Insurance Companies and its profits annually.

• State Farm Insurance =  $1.8 billion dollars
• Farmers Insurance =  $1.686 billion dollars
• Liberty Mutual =  $1.678 billion dollars
• GIECO =  $1.117 billion dollars
• Progressive =  $1.068 billion dollars
• Nationwide =  $959 million dollars
• Allstate =  $959 million dollars

This shows that auto insurance profits total in the billions annually.  The numbers show good business and maybe a lack of sincerity on the delay, deny and defend tactics.  Can you believe this?  Why do some injured car accident victims find it difficult to be reasonably compensated by some of these giant insurance companies?  Why is compensation denied? Why are offers ridiculously low? Sometimes they don’t even cover expenses.  This shouldn’t be!  When compared to their total annual earnings, injured victims should be treated and compensated more fairly. Insurance companies are required to act in “Good Faith” in resolving claims. In my opinion it is “Bad Faith” when they deny claims for the sake of higher profits. The numbers speak for themselves. This is why I do what I do.

I have been traveling quite a bit the last six months. Some of it has been for business and some has been to feed my skiing habit. On almost all of these trips I have had to rent a car. A SUV if I am skiing and whatever the cheapest car I can find if I am on business. As I was waiting in line at the rental car counter last week in Salt Lake City I started thinking about what car I was going to be getting. It is based on availability, so you take what they give you.

• Is this the best idea?
• Am I going to be safe if I am in a serious car accident?  
• Should I pay for the rental car company’s insurance?
• Are some cars safer than others? 

If you plan to rent a car for a vacation or business how can you make sure you are in the safest vehicle for you and your family?  I am ashamed to say as a personal injury attorney I don’t always follow my own advice. Here are some factors to consider on renting the safest vehicles. There are also some cars that I have found that you should avoid. 

The Nation’s eight big rental car companies – Alamo, Avis, Budget, Dollar, Enterprise, Hertz, National and Thrifty – have vehicles that are common to each company. They offer vehicles in different classes like economy, luxury and SUV.  A detailed USA TODAY analysis of the fleets of rental car brands found that more than 95% of the 167 different vehicles offered are highly rated for protecting against head-on collisions. 

The Insurance Institute states that drivers of vehicles with “good” safety ratings in side-impact crashes are 70% less likely to die than those driving vehicles with a “poor” safety rating. The six 2011 vehicles and one 2010 vehicle found by USA TODAY to have a  “poor” side-impact crash ratings are the:

• Hyundai Accent
• Kia Rio
• Volkswagen’s New Beetle
• Two-door Jeep Wrangler
•  GMC Canyon
• Chevrolet Colorado with a crew cab
• 2010 Chrysler PT Cruiser.

 The vehicles that were rated “poor” in rear-crash ratings include:

• 2011 Cadillac STS
• 2011Lexus HS hybrid
• 2010 Chrysler PT Cruiser
• 2010 Infiniti M35
• 2010Hummer H3 

There were some vehicles from rental fleets that were subject to recall to fix gas pedal and other safety problems since last year. As we have all read this recall centered around Toyota vehicles.

Here’s my advice for car renters:

• Rent as if you are buying a vehicle. Don’t settle for less! I have always shopped mainly for the cheapest car I can find but shopping mainly for price isn’t a good idea. It may help you to check safety ratings in advance and check with IIHS and NHTSA to see how your model of choice rates.
• Check for the safety equipment in the car you are renting. Look for the stability control, anti-lock brakes, and side airbags.
• Don’t just get a vehicle with high ratings, also keep in mind your comfort and convenience when you are driving that vehicle. It is important to be familiar with the car you are driving.
• When you plan to be in a different environment this spring, remember to choose a car that will give you a good visibility.

As to the rental car companies insurance you should purchase it if you don’t own a car. It is against the law to drive without car insurance. If you own a car check with your car insurance company to make sure there is coverage for the car you rent. Most policies do provide this. If you have coverage make sure you can live with whatever coverages or deductibles you have. For example if you don’t have collision insurance and you have a wreck and total the car can you pay to replace the car if the accident was your fault? Likewise, if you have a deductible would you rather pay this if you happen to be in an accident or reduce this risk by purchasing the additional insurance. This is a decision you will have to make.

Do what it takes to pick the best car and always remember to be safe on the road.  Remember that having the safest rental car is part of enjoying your family vacation. These tips will help you avoid a Kentucky automobile accident this spring.

The long winding roads of Kentucky demands total attention of a driver, but a simple beep of a text message notification can be distracting and potentially deadly.  It is a temptation that is hard to resist. We have to respond to a pending text message.  I am a personal injury attorney and a parent of a teenage girl. I tell my daughter not to text and drive. Does she listen to me? Parents can now to stop worrying about their teenager. 

This is because a new product has emerged that prevents teens from texting in a moving vehicle called the Text Zapper.  This was created by TMG Systems, a company based in NJ.  Text Zapper, which can be subscribed at $4.99 a month, is a phone application that disables a phone’s ability to text, e-mail and browses the web once the vehicle is moving faster than 10 miles per hour.  It won’t permit text messaging in a moving vehicle.  Plus, it’s the parents who totally have the control of the application. They can override the prohibition if requested by the child, who may be a passenger instead of a driver. 

It is a necessity to promote such application/device like this because driving distractions such as the use of hand-held cell phones is a top cause of roadway accidents which may result to serious injuries or worse fatal deaths.  Teens are 10 percent of the U.S. population but account for 14 percent of all fatal vehicle wrecks for they are four times as likely as older drivers to crash.  More than 5,000 youths nationwide, 16 to 20, die of injuries received in vehicle wrecks each year.  This is a must device. 

Wenger from TMG Systems stated its business goal which is to help reduce the risk of teen driving.  It is not intended to stalk the child but as to ultimately save lives.  Check this product out. It may prevent a fatal car accident.

Whether you are a teenager or an adult you have a cell phone.  Even my parents now use a cell phone on a regular basis. We can’t seem to resist the urge to use the phone and replying to messages even while driving.  This is alarming! What has become so urgent in the last five years?

Using cell phones while driving and other forms of distracted driving can lead to dangerous car accidents or even fatal deaths on Kentucky road.  One tends to ignore road signs and fails to keep watch on the road when their eyes are focused on a text message coming in. This can result in a serious injury accident. 

A study has shown that texting while driving is actually more dangerous than drunk driving.  A person who is texting while driving at the speed of 35 mph will cover 25 ft before bringing the car to complete stop. Compare this to a drunk driver who would travel a distance of 4 ft to stop at the same speed. 

Texting while driving is about 6 times more likely to result in an automobile accident than driving while intoxicated. This really surprised me when I read it. Why? This is because texting can cause a 400% increase in time spent with eyes off the road.  If you are writing or reading text messages, your reaction time in case of emergency is reduced by approximately 35%.  Texting while driving is extremely dangerous.

It is just so shocking to see how people can take driving safety for granted despite all the awareness messages you see on television, the internet and billboards.  People tend to be careless in using cell phones while driving.

Let’s make our motto “I dnt txt n drv”! If you agree send me an e-mail at mike@MikeSchaferLaw.com and I will send you a bracelet that has these words on it free of charge. Let this serve as a reminder that texting while driving can kill. We don’t let our kids drink and drive. Let’s make sure they don’t text and drive.

Accidents can be unavoidable. They usually happen when we least expect it and have the least amount of time to deal with it. I have heard that everyone will be involved in an auto accident during their lifetime.  These automobile accidents, even with minor damage to the vehicle, can result in serious injuries. 

Thousands of rear end collisions happen every day.  A report states that approximately 2.5 million rear impact crashes happen in the United States in a single year.  These crashes can cause serious injuries even at low speeds. This is because the impact causes the driver to pitch forward towards the windshield and then back towards the headrest. This motion can cause whiplash, concussion, spinal injury and more. 

Kentucky accident victims should get checked out immediately after any automobile accident. Some car accident injuries do not begin to cause pain for hours or days.  A delay in seeking treatment could be fatal to you receiving fair compensation for your injuries.

A concussion is the most common type of traumatic brain injury.  It may result to temporary loss of brain function.  Whiplash is an injury to the neck caused by a sudden whipping movement of the head and the neck.  These are common injuries from a rear end collision.  After you have been in a Kentucky automobile accident you should be thoroughly examined by a chiropractor or a medical doctor to make sure you are not seriously injured. 

Aside from seeking advice from a Personal Injury Attorney, one should at least visit a Doctor after the accident.  Let us remember that nothing is more important than our health, especially when we start to lose it.

If you know me, you know I love winter.  I am a skier.  I actually get depressed when spring comes around.  Winter is my favorite time of year. Whenever I say this people look at me like I am crazy. Maybe I am. I love crisp and clean air and the snow.  I don’t think about the driving problems. Along with the beauty comes dangerous Kentucky roads.  They are slick because of the ice, snow and sleet.  Numerous snow related car accidents happened every year in Kentucky.

The best way to avoid a snow related accident is to not drive at all during unfavorable weather.  However, we know that is not always practical, so you need to be prepared to avoid automobile accidents that caused serious injuries or even fatal deaths along the Kentucky highways.

Here a few tips on how to avoid such Kentucky auto accidents during winter time:

• Be sure that your vehicle is well maintained.  Your gas tank should be full so that you can be able to take longer alternative routes if required.
• While driving, decrease your speed and allow a greater distance between you and the car in front of you.  Use low gears to help keep traction.
•  Avoid skidding by putting on the brakes gently.
• Increase your visibility to other vehicles.  Use headlights or fog lights.  Always clean your lights and windshield.
• Go slow!  Do not try to overtake other vehicles and snow ploughs and sand trucks.

Slowing down and taking it easy can greatly improves your chances of avoiding car accidents here in Kentucky on snowy roads.  Be careful out there.