July 02 2010

Does Full Coverage Really Mean Full Coverage?

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I am a Kentucky personal injury attorney.  I represent the victims of car accidents, truck accidents, fatal accidents, motorcycle accidents, bicycle accident and pedestrian accidents. When I speak with an accident victim I am concerned about the type of insurance coverage that the potential client has.  This insurance coverage often makes a huge difference on what I am able to do for a Kentucky accident victim on any particular case. This is especially true if the injuries are serious or fatal and the at-fault car did not have insurance coverage. 

One of the first questions I ask as I am getting to know a new client is “What type of car insurance coverage do you have?”  The answer that I get 90 percent of the time is, “I have full coverage.” I have learned that this means vastly different things to different people. So I ask the follow up question “What do you mean by full coverage?”  The answers I get vary. They are rarely the same. The potential client is almost never correct. Unfortunately, when someone becomes an auto accident victim it is the first time they really look at their own car insurance policy. 

I ask for a copy of the insurance policy declarations page to make sure I am getting accurate information.  The declarations page is a sheet or bill that you receive from your car insurance company that shows the different types of insurance coverage you have purchased , the limits, the amount that you pay for each coverage, and the cars or vehicles that are covered on your policy.

Now here’s the kicker.  Full coverage is a term that people hear all the time. I use it. I am sure you have used it. Guess what? There is no real definition for it.  You cannot ask your insurance agent for full coverage. This is not an all inclusive term. This makes it extremely important to know the different types of insurance that are available. This will enable you to purchase the best car insurance for you. In other words what full coverage is for you.  The different coverages available to you in Kentucky are:

  • Bodily Injury Liability- Mandatory insurance that covers the injuries you cause to other people if you are in an automobile accident that is your fault.
  • Property Damage Liability- Optional coverage that pays for damage done that is your fault to other vehicles or property.
  • Collision- Covers property damage done to your own automobile by an actual collision and nothing more.
  • PIP, Personal Injury Protection, or Basic Reparations Benefits- Mandatory coverage that is also known as No?Fault insurance. This insurance pays for your medical bills and lost wages up to $10,000.00 should you be in a car accident regardless of fault. 
  • Added Reparations Benefits- Optional benefits that you can purchase in addition to your PIP for medical coverage and lost wages above $10,000.00. 
  • Uninsured Motorist Coverage- Pays you for your pain and suffering and your out of-pocket expenses if you’re in an automobile accident and injured by a driver of a car that does not have insurance.
  • Underinsured Motorist Coverage- Covers you for injuries you have sustained in an automobile accident that was not your fault when those injuries are greater than the insurance coverage of the car that hit you. 
  • Miscellaneous coverage such as towing      
  • Comprehensive- Covers damage to your car caused by something other than a collision, such as crack in your windshield.
  • Umbrella Policy- Additional insurance you can purchase in case you have liability that is in excess of the limits of your other insurance. You may also purchase coverage for additional under insured motorist coverage under some umbrella policies.          

You can tell by this list that the only mandatory insurance coverage required by the State of Kentucky is bodily injury liability coverage, property damage liability coverage, and no?fault or PIP benefits.  The minimum amount of coverage is $25,000.00 50 for liability coverage.  As you can tell, this will not even be a drop in the bucket should there be a serious accident.  The minimum for PIP is $10,000.00.

For more information on Kentucky car insurance request a free copy of my first book “What You Don’t Know About Buying Car Insurance Can Hurt You.”

Make yourself an informed consumer when you buy car insurance and make sure you protect your family in case you are the victim of a Kentucky automobile accident.

June 09 2010

The Call No Parent Wants To Get

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            There is a call that no parent ever wants to receive.  Unfortunately, I did receive that call a couple weeks ago. 

I was in a deposition with a client on their Kentucky car accident case when my cell phone vibrated.  I recognized the number. It was my 16?year-old daughter who had just got her Kentucky driver’s license a month and a half before.  I let the call go to voice mail, but she immediately called me back.  This is our signal that it is an emergency and she HAS to speak with me immediately.  

I asked to take a break from the deposition so I could return my daughter’s call.  On the other side of the line I heard in half understandable words, “Dad I’ve just been in a wreck.”  I said, “Calm down.  Are you all right?”  She responded “The car, the car, the car.” I told her “I don’t care about the car.  Are you all right?” 

As I deciphered my daughter’s words in between the sobs I discovered that her neck was hurting from the automobile accident. She was driving to study for finals with three of her friends. She stopped at a light. Friend #1 stopped behind her. Friend #2 stopped behind Friend #1.  At that point in time Friend #2 was rear-ended by a blue minivan.  This set off a chain reaction that ended up with my daughter getting hit in the rear; the car in the middle was sandwiched and got the worst impact in this car accident. 

Then here’s what happened that made it all the worse.  The van took off.  It was a hit-and-run accident.  None of the girls thought quick enough to even try to get the license plate or a good description.  After all they are 16 and new to driving. The police responded to the scene and did an investigation but there was little they could do with no information. 

Luckily my daughter was okay and her friends appear to have no medical issues after a few weeks of treatment. You have to be extremely careful what you write about your Kentucky personal injury case, whether it is in a blog or on Facebook. That allows me to talk about it at this time and make my point. You should always be alert and try to keep your head after an accident.  Document as much as you can at the automobile accident scene. Take pictures of everything at the scene, including cars and skid marks. Give all information that you can to the police. 

Uninsured drivers are everywhere. If my daughter would have been seriously injured, we have Uninsured Motorist Coverage which would have paid for any pain and suffering.  Thankfully we also had PIP insurance which will pay for any and all medical bills. In fact was have Added Reparations Benefits which will pay medical bills up to $50,000.00. 

I hope none of you ever receive this call but if you do, the most important thing is to make sure that your child stays calm in this traumatic situation.  If anyone reading this would like a copy of the free brochure I offer, “What to do if You’re in an Automobile Accident”, please go to my website. You can download a copy there or if you send me an email I will be more than happy to mail you a copy free of charge.

August 15 2009

A Car Accident and PIP Benefits Are Not The Lottery

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I received a phone call yesterday from a potential client that I just shook my head after I hung up the phone. I was asked this question:

How do I get my $10,000.00? I was in a car wreck yesterday
and I need my money.

This question disturbed me so I inquired further and asked how the accident happened and what the injuries were. The reply was that there was no injury they just wanted their car wreck money.    I get a similar question from someone just about every week. The motive is usually not as clearly for money. It is usually just a lack of understanding of the Kentucky PIP statute and how it actually applies to a Kentucky car accident.

There are bus ads and television commercials you see everyday telling you that if you have been in a car accident you are entitled to $10,000.00. These ads are not lies but they do not tell you the whole truth. They make you believe that there is this magical pot of money waiting for you if you have been involved in a Kentucky car accident.

There is $10,000.00 of benefits available but it is not just because you have been in a car accident. They are there if you have been hurt! Not just because you were in a wreck. A car accident is not hitting the lottery. It is not a way to pay off your bills and put your kids through college. There is not a client I represent who wouldn’t give the money back if they could only be the way they were before the accident.

There are several names for this $10,000.00. It is called:

  • Basic Reparation Benefits
  • Added Reparation Benefits (If you are lucky and have a good insurance agent that has advised you of the availability of these in Kentucky)

The Kentucky No-Fault Statute was enacted by our legislature to make sure that motor vehicle accident victims would receive the medical care they need without being hassled by the insurance company of the car that hit them. I will not go into all of the different benefits here, as I  have written many blogs and a book that thoroughly covers this subject. Basically you are entitled to have your first $10,000.00 of medical bills and or loss wages paid(at a maximum of $200.00 per week). This is money to ensure you get the treatment and care that you need paid by your own insurance company. It doesn’t matter whether the accident was your fault or not. You can still go to the doctor. It is not a windfall, it is a method to ensure accident victims get the treatment and medical care they need.

The next time you see one of the commercials offering $10,000.00 for your car accident you can say I know what that money is really for. There is no give away or lottery. This is money to make sure the injured accident victim gets the medical treatment they need.