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.

Should Kentucky car accident victims use their personal health insurance to pay their medical bills for the treatment they receive for injuries they sustained in an automobile accident?  This is a question frequently asked by clients.

·         Do I Give my health insurance card to my doctors?

·         Why should my car insurance pay for my medical bills from an automobile accident that wasn’t my fault?

·         Isn’t it the at-fault cars’ insurance company that should have to pay?

In other words should they use their health insurance to pay for their treatment from a car accident?  The answer is no and yes. Why No? Your first and primary insurance in a car accident in Kentucky is your Personal Injury Protection or PIP benefits.  Your own car insurance will pay the first $10,000.00 of medical bills for treatment from a car accident under most circumstances. 

The “yes” comes after this $10,000.00 amount is fully paid or exhausted. You can then use your health insurance. Your health insurance will pay the medical bills from this point on.  The confusing part and what some consider the bad part about this is there’s something called subrogation. Ninety percent of all health insurance plans require you to reimburse the health insurance carrier for anything they pay toward the treatment of injuries sustained in an automobile accident. Federal ERISA laws cover this area. It is a very specialized area of law and would require pages to fully explain. Your health insurance company generally entitled to reimbursement, and they can recover what was paid out under most circumstances.

If there is a requirement to pay your health insurance company why should use your health insurance to pay the bills from your car wreck case? The answer is twofold. One is to make sure that you get the treatment you need. The second is that they pay at a reduced rate, which ultimately saves you money. Realize that you will have to reimburse them out of the proceeds of your accident case, but only what is paid.

There are some good points for the Kentucky accident victim. When a health insurance company pays a bill they will pay the provider the agreed upon price for any treatment. In other words, they will pay only a portion of the charge. You only have to reimburse the health insurance company what they have paid, not the total amount of the bill. Usually this amount will be discounted even further at the time of payment by you.

You are also responsible to pay any co-pays or deductibles to the health care provider, unless you can work out other arrangements with your doctor. You will eventually be reimbursed but that may be several months or even years later when your accident case is settled.

The bottom line is you should use your health insurance to pay your medical bills once your PIP benefits have been exhausted. Your health insurance is secondary insurance. This allows you to get the treatment you need without being hassled by bill collectors for payment.

Kentucky car accident victims always want to know how their medical bills are going to be paid.  They have been in an accident, they’re injured, and they’re not able to work.  Many people nowadays don’t have health insurance. The assumption that is made is “If I don’t have health insurance I will have to pay the medical bills for treatment from a car accident out of my own pocket”.

In Kentucky your own insurance company will pay those medical bills.  You have what is called PIP benefits. This is short for Personal Injury Protection. You may also hear these benefits referred to as No-Fault Benefits or Basic Reparations Benefits. It’s something you pay for under your automobile insurance policy. The first $10,000.00 of your medical treatment will be paid for by your insurance company.  You fill out a PIP application  that is sent to you by your insurance company. This triggers the payment to your doctor automatically from that point on until those $10,000.00 of benefits are exhausted. 

Once the PIP Benefits are exhausted you will send your medical bills to your health insurance company. Any additional treatment will be paid by your health insurance carrier. You are personally responsible for any co-pays or deductibles. Any money you pay out of your pocket should be reimbursed by the at-fault party’s insurance company at the time your personal injury case is settled. 

You might be concerned that hey, why should my car insurance company pay for this if the accident wasn’t my fault?  This is done so that you can immediately go to the doctor of your choice. Well at the end of the case they will get reimbursed by the at-fault party’s insurance company minus a $1,000.00 inner company deductible, so your insurance company will not be on the hook for those benefits.

Many Kentucky accident victims have suffered serious and life changing injuries from an automobile accidents, truck accidents or motorcycle accident. They come into my office looking for answers. They are concerned about the fact that they only have $10,000.00 in medical benefits available to them from their PIP Benefits (Personal Injury Protection) in their car insurance policy.  If you’ve been in an accident and have a serious injury and are in need of surgery this may not be enough to cover the medical bills for treatment you receive for injuries suffered in the accident. It’s a real concern if you don’t have health insurance. 

         After an accident your options are limited if you don’t have health insurance. Unfortunately you can’t go back in time. You are forced to go to a free clinic or find a doctor who will agree to treat you or perform surgery on a promise to pay later. This just doesn’t happen very often.

You really must take action right now before you are even in a serious automobile accident in Kentucky. You must do something long before you even think about contacting a car accident attorney. One thing that you must do is ask your insurance agent to increase your PIP benefits.  These additional benefits are called Added Reparations Benefits.  You can increase your benefits to $20,000.00 per accident, $40,000.00 per accident, $50,000.00 and even more with many insurance companies. 

You might think, well if I’m getting five times the benefits, I don’t want to pay five times the amount, but in many circumstances your premium will go up a relatively insignificant amount compared to the increased benefits you are getting.  One of the most important things you can do right now to protect yourself and your family is contact your insurance agent and request additional medical benefits on your auto insurance policy.  I would suggest that you call your insurance agent today to ask him how to go about this.  You’ll be amazed at how little it will really cost you and the peace of mind you will have knowing you have protected your family should you be in a serous car accident.

There is nothing worse then being injured in a Kentucky car accident. You are in pain. You look for a lawyer to guide you and help you deal with the insurance company. You want to get a fair settlement and the best legal advice. Your lawyer sends you to a doctor for treatment. They even arrange for you to fly to another state for surgery. You settle your case and get your settlement money, after your attorney and doctors are paid. This is the way it suppose to go, isn’t it? I would say yes unless you are Sharon Langford.         

We have all seen the billboards and the television commercials about the “aggressive attorneys” formally “Winters, Yonkers and Rousselle” now “Winters and Yonkers”.  Whether you are a fan of this type of legal advertising or not, you have to admit that it works because everyone in Louisville, Kentucky knows the name of this Florida based law firm.  The firm has recently been sued in Jefferson Circuit Court by a former client, Sharon Langford.

            Ms. Langford was injured in a car accident in June of 2008.  She alleges that she was not told that her personal health insurance would potentially pay for her medical bills after her PIP benefits were exhausted. PIP benefits are also known as No-Fault Benefits or Personal Injury Protection. She was referred to a medical care clinic called First Physicians Rehabilitation Inc. by the law firm according to the lawsuit. She was told they would take care of injuries suffered in a car accident.  It is reported that the medical facility did not accept health insurance only PIP car insurance. 

Later when Langford needed surgery the firm flew her to another clinic in Florida.  In the lawsuit Langford states that she discovered later that both clinics were owned by Gary Kompothecras, a chiropractor, who also owns the Hepley advertisement referral service 1?800?ASK?GARY.  Langford also alleges in her lawsuit that the relationship between the law firm and the clinic cost her money.  Her attorney, Sam Carl, states that medical bills paid after PIP totaled over $64,000.00.  Health insurance would have paid a portion of this leaving additional money to Langford after settlement of the lawsuit. You can read the courier journal article that I linked above with further details. 

The question that comes to mind is whether or not the referrals to and between the medical clinic and the law office should be disclosed to clients.  It is alleged that this is a requirement.  I would argue that a client should be referred to the best doctor available and not a doctor that is only referring business to the law firm.  I often refer clients to doctors. Those clients would otherwise have no idea where to go.  I give them the name of several doctors based on their needs.  Many family doctors do not want to handle lawsuits or auto accident suits nor do they understand how to bill car insurance for payment for their medical services. 

The question always comes down to what is best for the client.  Any relationship between a doctor and a lawyer should be disclosed to the client. I will watch with interest Sam Carl’s case to see what direction it does go.  It’s safe to say it should be educational for Kentucky auto accident victims and give them the knowledge they need to ask questions of their attorneys as to the relationship between the attorney and the doctor.

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!

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.