Grinstead Drive is known as one of the most dangerous stretches of road in Louisville, Kentucky. I have personally witnessed several car accidents here. Grinstead Drive will face a major change in the near future. The safety-improvement project proposed by state and local officials would modify Grinstead Drive from Bardstown Road to Cherokee Parkway from four traveling lanes to two with a left-turn lane in the middle, as well as and a parking lane on one side.

There have been 320 reported car crashes in the last three years in this targeted stretch of Grinstead Drive. Also since 2000, this stretch has been the location of 10% of Jefferson Country’s bike fatalities. This is a staggering statistic which illustrates how dangerous this road is.

The proposed road diet by the Kentucky Transportation Cabinet (KYTC) is an excellent project and will go a long way toward reducing the number of car accidents and bicycle accident deaths. I think these changes do not go far enough. With ten percent of Jefferson County’s bicycle accident deaths occurring on this stretch of road raises a question. Why aren’t bicycle lanes being added? This stretch connects two major commercial districts with lots of recreational and residential destinations.

As an avid biker, I believe that bike lanes on Grindstead Drive would make it safer for all everyone who ride bikes. Having these lanes will allow bicyclists to enjoy this beautiful are with out being in fear for their lives. They would encourage people to be more active and be on their bikes as they enjoy Cherokee Park and all of the wonderful businesses in this area. Adding facilities for bikers will complete the proposed project and most importantly save lives.

There is a Facebook page sponsored by Bicycling for Louisville that is advocating bicycle lanes on Grinstead Drive. Check it out! Do your part and let city official know you bare in favor of these bike lanes on Grinstead Drive. As a Kentucky personal injury attorney I believe the installation of these lanes will prevent the needless loss of life for bicycle enthusiasts.

You have just been in a car accident. You may not think that you’re injured.  You may not have any immediate pain, so why go to the doctor? Two weeks down the road you may start to feel a little bit of pain in your neck.

• What do you do then?
• Can you go to the doctor?
• Will your medical bills be paid?
• Can you still collect for your pain and suffering?

When you’ve been in a car wreck you are in shock. You are running on adrenaline right after the accident.  This masks any pain that you may be feeling.  You don’t always know whether or not you are hurt.  There are many people that don’t feel the pain until the next day, or even a week, or ten days after an automobile accident.

One of the tactics that insurance companies and insurance defense attorneys use is focusing and talking about that gap in treatment or the accident victim’s delay in seeking treatment.  They use argue that you weren’t really injured.  They say that if the pain was that bad why didn’t you go to the doctor immediately?  If the pain was that bad why did you wait the seven, eight or ten days?

Anytime you have a question like this that you have to address in a trial it can have an effect on what happens in your case.   Accident victims should go to the doctor and get checked out immediately following an accident just to make sure that they are not injured.

If you have car insurance, or you’re a passenger in a vehicle, in Kentucky you have Personal Injury Protection, or No Fault Benefits.  There is a minimum of $10,000.00 that will go towards your medical bills and/or lost wages.  Any medical treatment you receive will not come out of your personal pocket as long as there’s insurance there. There is no reason not to seek immediate medical attention following a car accident.

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.

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.