Auto/Semi/Motorcycle

We are often asked the same questions about insurance. Naturally there are differences between policies. You should check your policy to see that these answers apply to your situation and always seek the advice of an attorney in this area of practice. The above only represents some types of insurance; you may need more or different policies. Ask an attorney to make sure you are covered.

Will I be covered if involved in an accident while driving someone else's car?

Yes, your responsibility for injury to others or for damage to other autos will generally be covered by your own insurance. There may not be coverage for the damage to the vehicle you are driving unless the owner purchased collision coverage. Always check your policy to make sure you are covered.

Can my son or daughter, covered under my policy, drive someone else's car and still be covered by my policy?

A son or daughter can drive someone else's car with permission and still be covered by your policy, if he or she is a resident of your household and has reasonable belief that he or she is entitled to use the vehicle being driven. Always check to make sure.

What should I do if I have an accident?

You should immediately report all accidents, however slight, to the police and your insurance company. The parties involved should receive from each other the name, address, license number, plate number, insurer, date and time of accident, and the names and addresses of witnesses. Your insurance company should be notified before you authorize repairs to your car.

What if the other driver is at fault and has no insurance?

If you have uninsured motorist coverage your own insurance company will step in and pay as if they were the guilty driver's insurance company. If your case is filed in court, your insurance company will hire a lawyer to defend the other driver, and will pay any amounts the court orders the guilty driver to pay. Naturally, the insurance company only has to pay amounts up to the policy limits you purchased. You can stack the policies in Kentucky and many states.

Will my policy pay for a rental car if my car is damaged?

This varies from policy to policy, but typically car rental is paid for the period between the accident and repair, or until such time as the vehicle is appraised as a total loss, and the loss is paid or offered. Insurance adjusters may offer to pay only the least expensive rates available for a rental car. It is usually your responsibility to pay for insuring the rental car.

If my car is totaled, will insurance pay off my car note?

Not necessarily, your recovery will be for the actual cash value of the car not the amount owed. The term "actual cash value" refers to what it would cost to replace your damaged vehicle with one similar in condition and mileage. Conditions such as un-repaired previous damage, mileage, and tire wear are all considered in determining actual cash value. If your car has been financed, the actual cash value may be much less than the money owed.

What is the meaning of "subrogation" when applied to my automobile insurance?

When your insurance company pays you for a loss caused by another driver, the company may recover the full amount of their payments made from that other party. This also means if your insurance company pays you, you will have to cooperate with them as they may sue the other party. You must repay your insurance company any amounts they have paid you if your claim against someone else is successful. There are some situations where the subrogation interests at an insurance carrier can be waived or defeated altogether. These are complex issues that require the advice of an attorney.

There are many other types of subrogation such as Medicare, Workman's Compensation, Medicaid, Erisa (Health Insurance), PIP, etc who all may want to be paid back from recovery in the case. If is very important to have an attorney experienced with subrogation liens when handing your case or these liens may "eat up" your entire recovery. Our law firm works hard to protect you against liens whenever possible and contest liens that should not be paid.

Am I entitled to a rental car?

If the other driver clearly caused the accident, and your car is not safe to operate or is being repaired, you are entitled to a rental car for the loss of the use of your vehicle while it is inoperative, if you are 21 years of age and have insurance. We will contact the insurance company free of charge and assist in obtaining a rental car for you while your vehicle is disabled.

How to collect my property damage?

You will be entitled to property damage for the loss of your vehicle if your car has been totaled which is what your vehicle would have sold for prior to the collision or the book value of your vehicle. If your car is not totaled and needs repairs, it is recommended that you obtain three estimates of cost of repairs. The insurance company is responsible to pay the reasonable cost of those repairs. If your car has been totaled, you may want to keep your vehicle for salvage value and this can often be worked out with the insurance company.

Which insurance company will repair my vehicle?

If you have insurance that covers your vehicle loss (collision or full coverage) you can elect to have your own company repair your vehicle or you can collect from the other party's insurance company who was at fault. We will assist you and if you cannot come to fair agreement with the other party's insurance company, it would be our recommendation to collect from your own company and then let them collect from the other insurance company at fault.

Be careful not to run up storage bills especially after you have been offered money for your vehicle and that the other insurance company knows that the vehicle is being stored. You only have a right to collect reasonable storage bills while your car is not operable until you are offered a reasonable amount for your vehicle.

Do I have PIP if I am in a Motorcycle accident?

Usually you do not have PIP if on a Motorcycle unless you pay for the coverage for medical bills and lost wages.

If I am a pedestrian hit by a car, who pays for my medical bills?

Usually the insurance company for the car who hit you provides PIP coverage.

If I am at work (on the clock) and injured by another vehicle, can I collect both Workman’s Compensation and collect from the driver at fault?

Yes, you should be able to collect from both Workman’s Compensation and auto insurance if the other vehicle (not your employer) was at fault.

Do I sign a release or a medical authorization?

If you are only settling your property damage, you need to be very careful that the release is limited to the property damage only. We would be glad to review the release with you to protect your rights. You should not sign any medical authorization forms before you speak to your attorney.

Medicare/Medicaid/Worker's Compensation/Health Insurance:

State & Federal Law requires that if Medicare/Medicaid/Worker's Compensation/Health Insurance pays your medical bills or benefits due to your injury, then they are paid back from your recovery. In some cases, with severe injuries, we can obtain reductions in liens such as Medicare, Medicaid, or Health Insurance. We set up PIP for you in auto cases so you will not have these liens unless you exhaust your PIP.

Medical Bills/Records:

We will obtain copies of all medical and hospital records. We also need records of any expenses you many have in connection with your accident, which includes hiring someone to help you, mileage expenses, and medical expenses.

Auto - Lost Wages/PIP:

Please keep an accurate record of all days lost from work due to your injuries. You should also send us copies of all off work releases issued by your doctors. This is essential for us to be able to obtain reimbursement for your lost wages and for us to collect money for you when we settle your case. PIP will usually pay $200.00 per week maximum for lost wages and the rest can be collected from the other insurance company at fault in an auto accident.