October 24 2009

The Uninsured Driver and You

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Kentucky accident victims have a serious problem that I am seeing over and over again in my office. Unfortunately the frequency has increased. The problem is not with the accident victim but with the person that caused the accident. The at-fault party has been charged criminally with a variety of charges that include “Operating on a Suspended License” and “No Insurance”. I believe this has a lot to do with the economy and the “R” word. People are forced to make a choice between keeping their car insurance paid up, renewing the registration on their car and even paying speeding tickets as opposed to going to the grocery. The grocery is winning out.

 

How does all of this affect the Kentucky accident victim? There are a variety of reasons that Kentucky driving privileges are suspended for. It can be as a result of a Drunk Driving conviction or for habitual speeding. Those with suspended drivers licenses are dangerous drivers that keep driving. Unfortunately, they often cause serious automobile accidents. What is even worse, many car insurance policies will not cover the accident because the driver is in violation of the law, and thus the terms of the policy.

 

Other times the at-fault party doesn’t have car insurance to cover an accident. The coverage was not available because they have not paid their premium. As I said I am seeing this more and more frequently. What can be done?

 

There is new technology on the horizon, which may beat the low tech solution of simply impounding the offending party’s car (which is a short term fix at best). I read about a potential option on TheTennesseeAutoAccidentAttorney blog that is in the development stage called the Electronic Drivers License (EDLs). What is an EDL? It is similar to a bank card or a “smart card” that works together with an ignition interlock system (these are used to prevent habitual drunk drivers from getting behind the wheel). It is an on board computer that would verify the drivers identity in order to authorize the operation of the car. Along with verifying the identity of the driver the EDL system will have the ability of providing travel information such as time of day and speed prior to an impact. This is similar to a black box that we often hear about in airplanes. This is also standard equipment on many luxury automobiles and is referred to as an Event Data Recorder. I believe they will be required equipment on all cars in the near future.

 

This sounds great and will prevent some serious automobile accidents, but how will we know that the person behind the wheel is not using someone else’s card? There will need to be some sort of authorization system, such as voice recognition, finger print identification or maybe a Home Incarceration style of bracelet. Another option would be a system similar to the Owner Compliance Key that blocks cell phone usage within a three foot radius of the driver. I will be following the development of EDLs and keep you posted.

 

But what can you do to protect yourself from these uninsured drivers? You must make sure that you have uninsured and underinsured motorist coverage on your own car insurance policy. This is not an option anymore. Never ever waive uninsured and underinsured motorist coverage. If you are injured in an automobile accident in Kentucky and the person that hit you does not have insurance you will not be compensated unless YOU have this coverage on your policy. There will be no compensation for loss of power to labor and earn money. There will be no compensation for medical bills. There will be non compensation for pain and suffering. That is unless you have uninsured motorist coverage. Call your insurance agent today and ask if you have this coverage. If the answer is yes and you do have this coverage; raise the limits. If the answer is no; add it immediately!

 

Should you have any questions about insurance check out my book: “What You Don’t Know About Buying Car Insurance Can Hurt You”, Kentucky’s Ultimate Guide To Buying Car Insurance”. Go to my website and I will send you your book valued at $14.95 free of charge. Protect yourself and make sure you have the right coverage.

 

Don’t put yourself in a situation where you are injured in an accident and the at-fault party doesn’t have insurance. I don’t want to be the attorney that has to tell there is nothing I can do for you because you don’t have uninsured motorist coverage.

July 07 2009

Have You Checked Your Underinsured Motorist Coverage Lately?

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            Underinsured Motorist Coverage and Automobile insurance is a boring topic. I know it is but it is something you must be aware of in this day and with the dire economic news that we see and hear daily. Too many people believe they have full coverage on their Kentucky automobile insurance policy. Then they have an accident. The policy is pulled out of the file cabinet. Guess what? They have waived many of the coverages they now need. You can not count on the person that hit you to have the right insurance coverage. You are lucky if they even have insurance.

 

            I was speaking with a new client a few weeks a go. Unfortunately, he had been in a serious auto accident several months ago. He is going to need back surgery, a cervical fusion, and came to me for some answers. The car that hit him had insurance. That is the good news. The coverage was only $25,000.00/$50,000.00, which is the minimum amount needed to be legal in Kentucky. This means that the liability coverage on the car that caused the accident is only $25,000.00. If they run into another car and hurt someone or cause a death, there is only this small amount that can be collected from the insurance company. They were trying to get the cheapest insurance policy possible and the accident victim really becomes a victim in this set of circumstance.

 

            But wait. You can have underinsured motorist coverage in Kentucky (this come in a package with uninsured motorist coverage). This is coverage you purchase on your policy to cover any injuries you have in a car accident that isn’t your fault when the insurance on the car that hit you is insufficient. Unfortunately my client had waived this coverage to save a few dollars. He will only have the minimal coverage to collect (the driver had no assets of his own). This will be financially devastating to him and there is nothing that can be done about it.

 

            Don’t let this happen to you. Pull out your car insurance policy and make sure that you have underinsured motorist coverage. If you don’t call your insurance agent or contact your insurance company and tell them you want it now! DO NOT WAIT. If you have underinsured motorist coverage check your limits. I suggest that you have at least $300,000.00 in underinsured motorist coverage. You will be amazed at how little it will cost you for this increase in coverage.

 

            I hope you never have to use this coverage, but it is up to you to make sure that your family is financially protected should you be the victim of a tragic automobile accident. Check your policy today.

July 03 2009

PIP Deductibles Are For The Birds

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Just say NO when your insurance agent asks you if you would like to save a few dollars on your car insurance and offers you a PIP deductible. Saving money sounds like a great idea, but the few dollars you save may cost you $1,000.00 if you are in an automobile accident in Kentucky.(PIP is also referred to as No-Fault Benefits or Basic Reparations Benefit).

Most people have no idea what it means to have a deductible on the PIP coverage of their Kentucky automobile insurance policy. Unfortunately, most insurance agents do not adequately explain the consequences or what you are giving up by having a PIP deductible. Instead the agents’ focus is on the amount of money that you will save off of your premium, which is usually only a few dollars a month.

This is a great deal for the insurance company. The amount of money the premium decreases may be only $40.00 per year. Yet if you are in a serious car accident and seek medical treatment the insurance company will save $1,000.00.

Now here is where it gets really interesting. That $1,000.00 is the amount that your insurance company, or as we refer to them the PIP carrier, can not collect back from the at-fault insurance company. Any bills paid that are over $1,000.00 the PIP carrier will be reimbursed for by the at-fault insurance company. So you pay your insurance company a premium for the PIP policy and when it is all said and done they are out of pocket a grand total of zero. Not a bad racket to be in on.

The PIP deductible is as bad deal for you as it is a good deal for the insurance company. If you are in an auto accident in Kentucky, are injured and have to seek medical attention you are responsible for the first $1,000.00 in medical bills out of your pocket. This is because you elected to save $40.00 a year. It would take 25 years for you to be accident free to come out even. The odds are not in your favor.

Plus medical providers will want to be paid. Do you really need the added stress of dealing with bill collectors while you are recovering from injuries from the car accident? I think not.

In some cases deductibles are a good idea. On your health insurance it can save you a ton of money if you are healthy and are an infrequent visitor to the doctor. It is also beneficial on your auto collision coverage. Once again it can save you money. But never should you have a PIP deductible. It only benefits the insurance company and hurts your pocket book and possibly your medical treatment.

June 15 2009

Does Not Having Car Insurance Impact My Kentucky Accident Case?

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Having no car insurance can have a negative impact on your car accident case. Today it is more important then ever to have not only car insurance, but really good car insurance coverage. Why? That is easy, because more and more people are driving without car insurance. They are rolling the dice and hoping they don’t get caught. This is very short sighted. Most are thinking about not getting a “no insurance” ticket. Not getting pulled over by the police. If they are in an automobile accident it will be much worse on them then any citation the police may issue you.

 

First if you are in an accident in Kentucky that is not your fault, that is someone else hits you, and you do not have car coverage the ramifications can be devastating to you. First you had better have health insurance or you are personally responsible for your medical bills. I know the chance of there being health insurance coverage is unlikely if you don’t have car insurance.

 

This is going to sound crazy but it is the law. You are responsible for your first $10,000.00 in medical bills. The at-fault insurance company, if there is in fact one, is not responsible for the first $10,000.00 in medical expenses. It doesn’t matter how severe the accident is or how badly you are injured. You are out of luck.

 

I had a client in my office today that has a little over $9,000.00 in medical bills and she is responsible for them. It is very sad because she has no money to pay her bills and no health insurance. The insurance company knows the law and is using this fact for their benefit. The offer is low for the pain and suffering. There is just not enough money to go around. The bills can be negotiated but she will not get what her case is really worth because of this. To make matters worse, she was charged with a criminal offense of “No Insurance” even thought the accident wasn’t her fault.

 

What would have made matters worse is if the at-fault car had no insurance. If this was the case there would be no insurance money at all. The only recourse would be to go against the assets of the person that caused the accident. In most cases there is nothing there.

 

The point of all of this is to make sure you have auto insurance. It is your job to financially protect your family. You should have coverage and it should be good coverage. If you are I a horrific accident and can’t work or are killed what will happen to your family? Good insurance will not replace you but your family will be able to keep their house and pay the bills. Check out your insurance policy.

 

I have written a book entitled “What You Don’t Know About Buying Car Insurance Can Hurt You”. If you are a Kentucky residence order a copy and get the information you need to financially protect your family.

May 09 2009

Rainy Day Makes Me Wonder How Many Cars Are Being Driven Without Insurance?

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I was driving home from work yesterday afternoon and as everyone who made the rush hour drive in Louisville, Kentucky is aware it was pouring down rain. As the saying goes it was literally raining cats and dogs. Unfortunately wet roads make the roads slick and dangerous and there were auto accidents everywhere. Everyone is in a hurry to get where they are going, especially on a Friday night. Now I am not going to harp on safe driving habits, we all know what we need to do to avoid car accidents in the rain. What the rain and the accidents made me think about was how many of these accidents were caused by uninsured drivers?

Driving without insurance is becoming increasingly common in today’s economic environment. People have to make the choice as to whether to pay for the mortgage or food as opposed to their car insurance premium. More and more accident victims are coming into my office that have been hit by uninsured drivers. This can be very frustrating or devastating to those people. What do I mean? If you do not carry uninsured motorist coverage on your Kentucky car insurance policy you may not be compensated for your injuries even though the accident was not your fault. I know this isn’t fair and you don’t want to think about the negative, but you need to.

You can control your own fate and that of your family. Pull the declarations page for your car insurance policy out of the file cabinet or drawer it is stuffed into and read it. Take a look at the section that is entitled uninsured motorist coverage/underinsured motorist coverage or UM/UIM. If you don’t have this on your policy call your insurance agent and add it to your policy right now. If you do have it great! However I would like you to take this one step further. Take a look at the amount of your coverage. Is this amount sufficient to protect and compensate you and your family if you have been in an accident? If your answer is no, call your insurance agent and increase your coverage. You will be surprised at how little the additional coverage will cost. This simple step could save you from financial ruin if you are in an automobile accident. Do yourself a favor a give your family an insurance checkup.

If you would like more information on this subject check out my book “What you Don”t Know About Buying Car Insurance Can Hurt You”.