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 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.

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

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

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

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

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

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

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

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

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