At a busy San Francisco Intersection of Market and Castro streets before 8 a.m. March 29, 2012, a 71-year old pedestrian, Sutchi Hui, of San Bruno was hit by a cyclist. Both the cyclist and Hui were hospitalized after the accident. The cyclist was released with minor injuries. However, Hui remained hospitalized and passed away on Monday, four days after the accident.

The evening of the accident, a comment was posted on the Mission Cycling Club Forum. Chris Bucchere identified himself as the cyclist responsible for the crash.   The message was detailed describing his early morning ride from San Francisco to the Main headlands and back. Part of the message reads:

“The light turned yellow as I was approaching the intersection, but I was already way too committed to stop. The light turned red as I was cruising through the middle of the intersection and then, almost instantly, the southern crosswalk on Market and Castro filled up with people coming from both directions…I couldn’t see a line through the crowd and I couldn’t stop, so I laid it down and just plowed through the crowded crosswalk in the least-populated place I could find.”

“I remember seeing a RIVER of blood on the asphalt, but it wasn’t mine. I really hope he ends up OK.”

Readers of the blog forum commented on the alleged actions of Bucchere. People have different reactions on the reckless riding of Bucchere. The post was ended like this, “In closing, I want to dedicate this story to my late helmet. She died in heroic fashion today as my head slammed into the tarmac… The moral of this little story is: WYFH.” Commenters expressed their reactions in this troubling statement.

The case is still under investigation and I do hope that the responsible person of the bicycle accident must be held accountable. Bicycling can be fun and is a popular way to get around San Francisco, however, every rider must take into consideration his safety and most especially the safety of pedestrian. In most incidents, bicyclists are not at fault, but from what I see this case may be different. In Kentucky, Hai’s estate would be able to file a wrongful death action against Bucchere and collect damages from Bucchere’s car insurance policy under motorist circumstances. The estate would also be able to make a claim under Hui’s car insurance policy. I would strongly suggest that the families contact the best California personal injury attorney they can find.

No-Fault insurance, it’s a confusing term.  The Kentucky legislator put this law in place to make sure that your medical bills get paid.  It means that no matter whose fault the accident is your medical bills are going to be paid.  Whether you caused the accident or you didn’t cause the accident, you are entitled to what are called No-Fault benefits. Under most situations the minimum amount of $10,000.00 is available to a car accident victim.  Those benefits are paid by your own personal car insurance company.  This is to make sure that you don’t have to get permission from the at fault insurance company to go to the doctor.  You don’t have to go to their doctor.  You can choose your own.  When the case is settled your insurance company has the right to subrogate or collect what they have paid less on intercompany deductible.  Your insurance company will collect most of what they paid back from the at fault insurance company.

Most insurance policies the basic amount in Kentucky of PIP is $10,000.00 and that doesn’t go very far.  That’s a problem.  You really need to ask your insurance agent if you can raise your personal injury protection.  There is something called added reparations benefit.  You can raise your PIP limits up to $90,000.00 in added reparations benefits which go toward the medical bills.  I strongly recommend – especially if you don’t have health insurance – to call your insurance agent and get added reparations benefits and it won’t cost near as much as you think it will.

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.

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.

In a slowing economy, not everyone behind the wheel has an auto insurance. In fact, the rate of uninsured drivers in United Stated has shot up to nearly one in five. Insurance Industry Analysts have recently revealed correlation between the slowing economy and insurance rates of recent years. Unemployment rate increases coincide to the increase in uninsured motorists. Based on data from Insurance Research Council, every percentage point increase in unemployment rates, results in of 0.75 percent increase in the rate of uninsured drivers. 

What if you are driving and you are involved in an accident with a driver with no liability coverage? As a responsible driver and vehicle owner, the best solution is to buy Uninsured/Underinsured Motorist Coverage. Under the Kentucky law, all drivers are required to have automobile liability insurance coverage. This is supposed to protect drivers from harm and expenses that are caused by automobile accidents. Kentucky drivers are required by law to carry a minimum of $25,000 of bodily injury coverage with a maximum of $50,000 per accident and a minimum of $10,000 in property damage liability coverage for every owned vehicle. As a personal injury attorney I suggest much more. You will be surmised at how little the additional coverage will cost you. 

The continuous economic downswing affects many families in Kentucky. Some families would rather save their money and use it for their basic needs rather than having an automobile liability. This may save their money but I think it is not a good choice because it may cost you more in the long run. 

To find out how you can protect your family in the event of a serious automobile accident get a complimentary copy of my book “What You Don’t Know About Buying Car Insurance Can Hurt You”.

You call your insurance agent and want to purchase Kentucky car insurance.  You tell your insurance agent that you would like full coverage because you want to be protected if you are in a Kentucky car accident. 

• Is there really such a thing as full car insurance coverage? 
• Do you know what the insurance agent is going to give you when you ask for full coverage? 
• Does the price that is quoted always include everything? 
• Is the agent giving you the best coverage or the cheapest coverage?

Unfortunately, full car insurance coverage means something different to different insurance companies.  From my perspective, as a personal injury and accident attorney, I believe full car insurance coverage should be exactly that, full coverage. But what you, the consumer who is purchasing insurance, are quoted usually does not contain uninsured motorist coverage and underinsured motorist coverage (UIM/UM).  These are usually considered add?ons by the insurance company. 

It is very important that you ask what coverages are included in the cost of any policy to make sure that you and your family are protected should you be in a serious Kentucky automobile accident.  You MUST have uninsured motorist coverage and underinsured motorist coverage, especially in this day and age.  Why?  More and more people are driving with the minimum insurance in Kentucky, which is only $25,000.00. Others have elected to violate the law and have no insurance at all.

Let’s look at a situation that happens frequently. You are in a Kentucky car wreck. You are seriously injured. The other car does not have insurance. They have no assets you can collect from. What do you do?  Sure you can file a lawsuit, get a judgment and hope they win the lottery. Your only option is your uninsured motorist coverage, if you have it.  If you don’t have any, you will not collect anything for your injuries.  I would suggest at least $100,000.00 in coverage, but you should go higher if you can afford it. 

For more information on this, go to www.KyInsuranceBook.com to get a complimentary copy of  “What You Don’t Know About Buying Car Insurance Can Hurt You.” 

I read an interesting case from the Kentucky Court of Appeals.  Unfortunately this case is listed as not to be published. I guess that is what our Courts do when they don’t want to set a precedent (in other words they might change their mind).

The case got me thinking about what is an uninsured vehicle if you have been injured in a Kentucky car accident. The case explored the question as to what is the definition of an uninsured vehicle under the Uninsured Motorist Coverage in your Kentucky car insurance policy. Uninsured Motorist Coverage is the part of your insurance policy that will cover you if you are the victim of a Kentucky car accident and the person that caused the accident does not have car insurance. 

Unfortunately, there is no universal definition of what an uninsured vehicle is. In other words what type of vehicle that doesn’t have insurance and causes an accident will trigger your uninsured motorist coverage? Every insurance policy has its’ own definition and speaks for itself.  To know exactly what an uninsured vehicle is and what is covered you must review your personal insurance policy. 

If you are like me and most people this is only done after-the-fact. You have been involved in a Kentucky automobile accident and look at your car insurance policy to see if you are covered. Do the facts of the auto accident fit the definitions in your car insurance policy?

 In the unpublished Court of Appeals case involved all terrain vehicles (ATVs). One ATV was struck by another ATV on a public road in Louisville, Jefferson County, Kentucky.  The question the Court of Appeals struggled with was whether the ATV was a covered vehicle within the meaning of the insurance policy’s definition of an uninsured vehicle in the Uninsured Motorist portion of the policy. 

The Court pointed out that an ATV was not considered a motor vehicle for purposes of the Motor Vehicle Reparations Act.  This is the PIP or Personal Injury Protection statute. This was an important fact because medical bills were not paid or considered covered. 

Some of the included in a definition of an uninsured auto that  are commonly included in car insurance policies:

• An auto that is insured.
• An auto owned or operated by a self-insurer.  This means somebody that does not carry insurance but has enough money to pay for any claim.
• Any car owned by the United States of America.
• A land motor vehicle or trailer operated on rails.
• Farm-type tractor equipment designed for off-road use.

            The ATV was not found to be excluded and not included in any definition and therefore no coverage was found. I think an ATV should be considered a vehicle, but I realize that an insurance policy is a contract between you and the insurance company. If you own an ATV, moped or ride a bicycle pull your car insurance policy out and take a look at it. Find out if you have coverage if you are in a Kentucky car accident and are hit by an uninsured car.

            As a personal injury attorney I have seen policies where coverage has been found for Mopeds and bicycles.  It is extremely important to review your policy if you are in this type of situation.  Don’t trust the insurance company’s interpretation; always bring it to a qualified personal injury attorney to help you make the determination as to whether or not you can be compensated for injuries suffered in a Kentucky motor vehicle accident under the Uninsured Motorist portion of your policy.

How much automobile insurance coverage should you have on your family’s car insurance in Kentucky?  What is enough to protect your family should you be involved in a serious Kentucky car accident? These are questions I am asked when people find out I am a personal injury attorney. I try to give the best advice I can.  Most people do not have enough car insurance. They assume that if a car hits them and causes an automobile accident that the at-fault car will pay for all of the damage. This may not be the case.  

This is a follow-up to my last blog where I outlined the available Kentucky insurance coverage.  Here are my recommendations for your family’s Kentucky car insurance. I strongly recommend that you purchase at a minimum the following for your policy of insurance: 

·         Bodily injury liability:  $300,000.00 per person, $500,000.00 per accident

·         Property damage liability:  $50,000.00 per accident

·         Collision:  $50,000.00 per accident

·         No-fault or PIP benefits:  I recommend add a reparation benefits of $30,000.00.  This is especially true if you do not have health insurance.

·         Uninsured motorist coverage:  $300,000.00/$500,000.00 per accident

·         Underinsured motorist $300,000.00/$500,000.00 per accident

            These are minimum recommendations. It is important to note that the increase in your premium for this increased coverage is very inexpensive as compared to cost of the basic policy.  Check the rates with your car insurance agent and see what happens. For a sample of the increase in your rates for increasing your policy limits see the appendix of my book What You Don’t Know about Buying Car Insurance Can Hurt You. 

Don’t let your insurance agent tell you that you don’t need to purchase the additional insurance coverage and limits as I’ve listed above.  Especially uninsured motorist and/or underinsured motorist coverage. These are must have coverages to protect your family in case of a car accident.  

There are many reasons they may not tell you about these coverages.  Some insurance agents are given bonuses if there are no third-party claims made or a minimum number of third-party claims made on policies they have sold.  Third-party claims are those that are made under uninsured and underinsured motorist coverage.  You are eating into their Christmas bonus if you make a claim under this. 

Let’s give you an example of what could happen.

Bob was in a Kentucky automobile accident. He walked away from the auto accident without a scratch, but his twelve-year-old son, Chris, was severely injured. A drunk driver ran a red light and crashed into their car. Bob’s car was totaled. His son, Chris, was taken by ambulance to the emergency room. He had a broken arm, a back strain and glass in his face. Chris had surgery and pins were inserted in his arm. Chris should be okay, but he will have to endure several months of physical therapy.

The drunk driver did not have Kentucky car insurance. Bob doesn’t have health insurance. He has questions. How will he pay the $22,000.00 of medical bills Chris will incur?  How does his car get repaired? Will he get paid for the time he misses from work to take his son to his doctors and physical therapy? Can he sue the drunk driver?

Bob thinks he has full coverage on his car. I take a look at his policy. Bob has the Kentucky minimum insurance. He has $25,000.00 per person in liability coverage and $10,000.00 in PIP coverage. He does not have collision coverage on his car and he has waived his Uninsured Motorist and Underinsured Motorist Coverage (Bob had no idea what he was doing when he signed the insurance agreement doing this but it saved him $20.00 on his premium). The few dollars Bob saved on his premium is now going to cost him thousands and thousands of dollars. Unfortunately for Bob, there is no way around this horrible outcome.

What does this mean? Since the drunk driver had no insurance and no assets our next step is to look to Bob’s insurance company to pay his son’s medical bills and to compensate Chris for the pain and suffering he has gone through from the ride in the ambulance while strapped to a back board unable to move to the tears in his eyes while he goes through physical therapy, and for the pain he will endure for the rest of his life. 

Unfortunately, Bob only had minimum coverage, which is what the Commonwealth of Kentucky says is the lowest amount of insurance you can have on your car and legally drive. The Lowest limits are 25,000/50,000/10,000. The $25,000.00 is per person or the most available to a single person. The $50,000.00 is for the entire accident no matter how many people are injured. Finally the $10,000.00 is for the property damage.

Even worse, the Uninsured/Underinsured Motorist Coverage Bob waived to save a few dollars on his insurance premium would have protected him and his son in the event that the at-fault person in this Kentucky car accident (in Bob’s case the drunk driver) did not have insurance.  Since this protection was waived there is absolutely no insurance money to compensate Chris for his pain and suffering. The only recourse for Bob against the drunk driver that hit his son is to sue him in Civil Court. Unfortunately, it will be next to impossible to collect any money from the drunk driver since it is likely that he has no assets and will be a candidate for bankruptcy.

To make matters worse, Bob didn’t have Collision Coverage so he had to pay to replace his car out of his own pocket. This is not a situation you want to be in. It gets worse.

What about Chris’s medical bills? Well Bob did have PIP coverage. This will pay the first $10,000.00 in medical bills for Chris. Bob will have to pay the additional $12,000.00 of his son’s medical bills (Bob didn’t have health insurance). So, not only did Chris get nothing for his pain and suffering, Bob has to pay $12,000.00 and buy a new car.

Since the drunk driver had no assets that could be attached, Bob’s son cannot get anything for pain and suffering, Bob has to repair his car and pay out of his pocket for any other expenses he has. If only Bob had been better informed he would have purchased the right insurance and this situation would have been avoided.

This is example shows you why you need to be proactive and know what your insurance coverage is. Talk to your agent today so that your family is protected should you be in a Kentucky auto accident.

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.

Kentucky is a No-Fault Insurance state. What does this mean? There are a lot of Kentucky accident victims who hear this term and believe that this means that it doesn’t matter who caused a automobile accident. People come into my office all the time and are confused by the term No-Fault. They believe that anyone who is injured in a Kentucky automobile accident can recover for their pain and suffering. Some people believe that no matter whose fault the accident is they are going to get paid for their injuries. This is not what it means at all.

What No-Fault means is that no matter whose fault the accident is your own personal car insurance will pay for your medical treatment for injuries from the car accident.  This means that even if the car accident was your fault you can go to the doctor. You can receive medical care and treatment for your injuries. This is where the term No-Fault comes from.

You don’t have to worry about how you are going to pay for your medical care. Your medical bills will be paid. You can go to the doctor of your choice. You don’t have to worry about the insurance company of the person that caused the accident agreeing to the treatment. There is no pre-authorization that a doctor needs to get before they can treat you for your injuries.

The name of the No-Fault Statute is actually the Motor Vehicle Reparations Act. You can find it at KRS 304.39 et seq if you really want to read the statute. It is not the most entertaining reading I have ever done by any stretch of the imagination, but it does contain the rules that cover how insurance company handle medical care and the payment for that care in auto accident cases in Kentucky.

The purpose of the No-Fault Act, as it is called, is to make sure that people that are injured in accidents are able to get the treatment they need.  This helps to give you peace of mind. It has nothing to do at all with whether or not the accident was your fault and whether you can collect for what is commonly called pain and suffering. There must be an at-fault party to sue for you to have a personal injury case and collect for your pain and suffering. No-Fault only deals with the payment of medical bills. It has nothing to do with a pain and suffering settlement.

The bottom line is if medical care is related to injuries sustained in a motor vehicle accident in Kentucky they will be paid by your No-Fault benefits.