Kentucky is a PIP state for automobile accidents. PIP is short for Personal Injury Protection. You may also hear these benefits referred to as Basic Reparation Benefits or No-Fault Benefits. I am not going into great details hear as to how these benefits work. Here is the nut shell. You have $10,000.00 of benefits that will pay your first $10,000.00 of medical bills and or lost wages.

Those of you that know me have heard me say that this is simply not enough for most accidents. I urge everyone to I run into (just figuratively) to purchase additional benefits called Added Reparation Benefits. For a small increase in your premium you can dramatically increase the coverage that is available to you.

With all of the talk about health care reform I have been looking at what is going on north of the border in Canada. In Ontario government is making plans to reduce their medical rehabilitation benefit from $100,000.00 to $50,000.00 for non- catastrophically injured people.  This is part their no-fault benefits. While I am urging people to increase their benefits in Kentucky the Canadian government is forcing everyone to take a reduction in these benefits. This will significantly alter the quality of care victims of automobile accidents will receive.

Interestingly enough it will increase the attorney fee collected. I am sure that most Personal Injury lawyers in Ontario don’t care about this change because of this.

I ran across an interview done by Brenda Hollingsworth, an Ottawa personal injury attorney, which was a breath of fresh air. Brenda is speaking out against the decrease in medical rehabilitation benefits that will be available to seriously injured car accident victims starting in the summer of 2010. In the video, Brenda talked about how injured car accident victims will run out of their Ontario rehabilitation funds long before the ten-years they are supposed to last. The 50% reductions in benefits will have catastrophic affects on many families.  

Brenda believes this change will increase the number of lawsuits required because injured people will have to sue the drivers who hit them to ensure they can pay for physiotherapy, medication and other medical needs.

I salute Brenda for standing up for the victims of auto accidents. In Kentucky we already have a low amount of PIP benefits that is required. Do yourself a favor and call your insurance agent and raise your coverage today!

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.

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:

• PIP Benefits

• No-Fault Benefits

• 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.

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.

It is spring time and bicycles, scooters and walkers are everywhere. Unfortunately there are going to be accidents. One of the questions that people have is who is going to pay for my medical bills and injuries if I am in an accident where I am hit by a car while on a bike, scooter or walking down the street. There are several insurance policies to look toward for payment.

First, let’s look at payment of medical bills. Personal Injury Protection or PIP applies. You first look to the insurance of the car that hit you for PIP benefits that insurance will pay for up to $10,000.00 of medical bills and loss wages. If the car that hit you does not have insurance you would look to your personal car insurance policy. I know you weren’t driving your car, but the PIP Benefits will still apply and pay your medical bills. It is secondary to the at-fault car. Your insurance company will attempt to collect the money they pay for medical bills back from the person that hit you if they choose. If you do not own a car and do not have car insurance you will submit your bills to your health insurance. If you do not have health insurance you may be eligible for the Kentucky Assigned Claims Plan.

Now what about pain and suffering? Do you have a case for personal injuries if you are hit while on a bike, scooter or walking? YES! You will sue the person that hit you. If they have insurance you will deal with their insurance company. If they do not have insurance you would look to their personal assets. Should they have no assets do not give up. You should look to your own car insurance and your uninsured motorist coverage. Even though you were not in your car this coverage may be available to you and pay you for your pain and suffering for your injuries. You need to contact an attorney who is familiar with these claims so he can take a look at your policy. Depending on the policy language you may still be able to recover damages. The point is, don’t give up. Look at all available coverage to make sure you are compensated.

I have become frustrated. Most people who are injured in automobile accidents don’t immediately think to call a lawyer. They are hurt, in pain and want to get better. They are focused on getting treated for their injuries. So they go to their doctor to find out what is wrong with them. They want to get treatment so that they will feel better.  Many times after a month or two they are still in pain. During this time they have spoken to their insurance adjuster on a regular basis. All the time thinking that they are getting advice that is for their benefit. Advice that they believe that is intended to help them. Then the hammer falls. The payments of medical bills are cut off, a low offer is made to pay for the totaled car and no offer is made to settle the pain and suffering claim.

            This is when the thought that “I need a lawyer” comes into the picture. The insurance adjuster has shown their true colors and it is obvious that they are not looking out for the injured person’s best interest. Many, many times the damage to their accident case has been done by this point in time. This is damage that will decrease the value of their case, or even worse make it impossible to prove their case and collect the fair settlement that they are entitled to. Little cracks in the case can turn into huge potholes that cannot be repaired. No matter how much attention is given to repairing them.

            I have had many people come into my office months after the date of the accident, sometimes even years. They had assumed that the insurance company would steer them in the right direction. Tragically this is often not the case.

            I am writing this The Kentucky Accident Attorney Blog so that the consumer, the accident victim, can have a chance. That they can be placed on an even playing field with the insurance industry. This is a David v. Goliath challenge. Especially considering the huge amount of money the insurance industry has at its disposal. Knowledge is power and my hope is that this blog will help arm you with the information necessary to avoid the Potholes that can destroy your Kentucky accident case. My hope is that you will put this knowledge to work for you.