Kentucky Auto Accident podcast

About Kentucky Auto Accident podcast

Louisville Kentucky Attorney Jim Desmond helps you navigate issues related to automobile accidents, injuries and insurance issues. Jim is licensed in both Kentucky and Indiana. He shares information based on over 20 years of practicing law and helping injured clients. Disclaimer: This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Unless the host introduced himself as an attorney, he is a non-attorney spokesperson. This podcast is for information only and is not presented as legal advice. Listening or subscribing to this podcast does not, in any way, create an attorney client relationship. In accordance with Kentucky Bar Association regulations, the Desmond Law Office must inform you that case and court costs maybe the responsibility of the client. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Principal Office: 9850 Von Allmen Ct., #201, Louisville, KY 40241

Publisher

James Desmond

Category

education · society & culture

Language

en

Explicit

No

First episode

18 Oct 2019

Latest episode

10 Jul 2023

Latest episodes

17 episodes in the feed.

1. 

   10 Jul 2023

   What Happens After Your Car Wreck

   Episode 16:  Louisville car wreck attorney Jim Desmond explains what happens after your car wreck.  It can be a time of confusion and stress.  Jim will do his best to lay out the steps and help you to understand the process of dealing with issues related to your automobile accident. Jim competes against the big TV advertisers by delivering excellent service and making sure he’s personally involved with each client’s case.  You’re going to work directly with attorney Jim Desmond, not a case worker or paralegal. It’s the right thing to do. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement. Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

2. 

   26 Jun 2023

   How to Stay Out of a Car Wreck

   Episode 15:  Louisville car wreck attorney Jim Desmond is going to provide practical tips and advice on how to stay out of a car wreck.  Handling automobile accidents and motorcycle wrecks has been his primary focus for 30 years.  He understands why collisions often happen.  Today, he’ll try to help you to actually avoid needing the help of a personal injury attorney. “Hopefully, I Won’t See You Again” When you consider the serious accidents and injuries involved in the cases Jim Desmond handles, you can understand why he might say this to a client.  No one wants to be involved in an accident.  For many, the injuries can lead to life changing issues. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.  Better yet, call Jim on his cell phone (502) 609-7657. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement. Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

3. 

   26 Jun 2023

   Questions About Car Wrecks Part 2

   Episode 14: On today’s episode, Jim Desmond continues the discussion from his previous episode.  He’ll answer Frequently Asked Questions from clients. So many people are either confused by the legal system, or simply don’t understand how it works. Today’s discussion will hopefully help you to better understand issues related to auto accidents. Click here to listen to the previous episode (Episode 13). Does Texting and Driving Matter in an Auto Accident Case? Jim explains that the core issue is “fault.”  Kentucky is a pure comparative fault state.  The damages can be divided between the drivers, depending upon how much of the fault can be attributed to each of the drivers.  Indiana is a modified comparative fault state.  In Indiana, you can’t be more at fault than the other driver (i.e. 51%) in order to be able to receive compensation for your damages. If it can be proved that one of the drivers was texting at the time of the collision, this can go directly to the issue of fault. Should I Hire an Attorney? Jim talks about what could happen if you don’t.  He uses the example of selling your home without a realtor.  Yes, you can do it, but the realtor may be able to do it quicker and with better results.  The law is very complicated.  Your claim may involve senior adjusters who are very skilled at negotiating to minimize what the insurance company ultimately pays you. Find an attorney you’ll be able to work with directly.  You also want an attorney who deals specifically with your type of case.  A divorce attorney may know that area of law, but it doesn’t mean he/she is prepared to effectively handle a car wreck case. What Is the Kentucky State Minimum Amount of Insurance? The state minimum was established in the 1970s.  Unfortunately, it hasn’t been raised since then.  The cost of medical treatment, the cost of repairing your car and many other expenses have significantly increased, since the 1970s.  This presents a problem for people who are in an accident due to the other driver’s negligence.  The at-fault driver is driving legally as long as they have the state minimum amount of insurance ($25,000).  The minimum for property damage coverage is $10,000. How Can I Avoid Getting Stuck with the Expenses if the Other Driver Only Has Minimum Coverage? Jim always recommends you carry a significant amount of Under Insured Motorist Coverage (UIM).  This portion of your automobile coverage can be used to cover expenses, once the at-fault driver’s insurance has been used up.  UIM coverage is for your bodily injury, but doesn’t apply to property damage. If the at-fault driver is driving without insurance, your Uninsured Motorist Coverage (UM) can be used to help cover your damages. Yes, both are policies you are paying for.  However, remember, these coverages are extremely important when the at-fault driver either doesn’t have enough insurance, or doesn’t have any insurance at all. Jim explains that Kentucky has a statute the states your insurance rates won’t go up because you used your UIM or UM coverage.  Remember, you weren’t the at-fault driver.  You’re simply trying to get your expenses covered.  Additionally, you’re paying for these policies, so why should your insurance company punish you for something you’re paying them to cover? Can I Get Around the Fact that I Signed the Release? In a personal injury case, the release is a document that is signed by the injured person, at the end of the case.  The release itself prevents any further financial responsibility for the insurance company related to the case.  Once the release is signed, the case is done. If something else happens, such as a problem related to a surgery or other issue, the insurance company cannot be held responsible to pay for the medical expenses.  Remember, you released them from future liability. This can be extremely problematic if you accepted a quick settlement offer from the insurance company.  I that situation, it’s possible you haven’t competed your medical treatment.  There are many complications that may still develop, as a result of the injuries you sustained in the collision.  Once that release is signed, the insurance company is legally off the hook. Should I Sign the Paperwork the Insurance Company Sent Me? Jim explains that you need to be careful.  You might not understand or realize what you’re signing.  If the company is your insurance company, it may be okay to sign.  It could be a medical authorization giving them permission to request your medical records.  If it’s a property damage only release, it may be okay to sign.  Again, it would be a good idea to have an attorney represent you so that you don’t accidentally give away your rights. Be Careful of What You’re Including and/or Excluding in the Release The release should include the phrase, “exclusive of the no-fault lien.”  You want to make the no-fault carrier (PIP carrier) has to deal with the issue separately.  Kentucky is a no-fault state which means you and your passengers typically each have an automatic $10,000 available to cover medical expenses and lost wages.  You don’t want to accidently forfeit those funds because you signed a legal document you didn’t fully understand. Jim Desmond is very willing to work with people to review the documents to ensure they fully understand what’s going on.  This is why he provides his cell phone (502) 609-7659. What Happens if I Got Sued, but Never Received a Summons? This is a fairly common issue, believe it or not.  Generally speaking, a subpoena is served to a witness and a summons is served to someone being sued.  A summons is usually sent by certified mail or delivered by the sheriff.  It will normally include the official complaint. Most people don’t realize a summons normally doesn’t include a court date or something to sign.  You have to file a written answer in the proper court as a response to the complaint.  It’s best to have an attorney handle this for you.  If you fail to properly file a response, the other party can move for a default judgement. In a default judgement, the other party argues that you failed to properly respond, since everything in my complaint is true, the judge should simply rule in their favor.  If the judge grants the judgement, the other party now has the ability to collect against you. If there’s a default judgement against you, they can get your driver’s license revoked, potentially have your wages garnished or other measures.  If you hire an attorney, you may have to deal with attorney fees to fight the default judgement. If you’re in an accident and you have insurance, you should contact your insurance company and ask them to open a claim.  You’ll want to be sure they assign defense counsel to represent you. If I Have 2 Years to File an Injury Claim from a Car Wreck, Can I Wait A few Months to Contact a Lawyer? The short answer is you shouldn’t wait.  The 2-year period refers to the statute of limitations.  This is the period during which you can file a claim.  If you go beyond that specific period of time, you are barred from filing a claim.  Kentucky and Indiana have different statues regarding when the time ends.  In Kentucky, it may be extended beyond 2 years from the date of the collision. It’s important to understand you’re building your claim from day one.  Your medical records and other evidence are important factors.  The longer you wait to seek medical treatment, the easier it will be for the insurance adjuster to successfully blame some other issue for your injuries.  Maybe you seek treatment, but then don’t continue with the prescribed treatment, it may be used to minimize the extent of your injuries from the automobile accident. In serious accidents, your attorney may need to hire an accident reconstruction expert to document and recreate what happened.  Evidence can fade away, get lost or simply be forgotten. The longer you wait to hire a lawyer, the more difficult it will be for him/her.  This is why preserving evidence is so important at the accident scene.  If you’re able to take pictures of skid marks, the position of the cars or other facts, a photograph becomes valuable evidence.  The same goes for cuts, bruises or other injury-related pictures. Doesn’t the Police Report Provide the Evidence I’ll Need? Actually, no.  The police officer probably wasn’t a witness to the collision. The officer will fill out a report based on the stories each person provides.  The officer may include other comments about what was found at the scene.  Legally speaking, the police report is hearsay.  However, this is a factor in your auto accident claim. Can Back Child Support Affect an Automobile Accident Claim? In Kentucky, while you have a personal injury claim, the Child Support Division will have a lien against your case.  They will often exempt medical expenses and attorney fees, but the can assert a right to maximum amount of your settlement required to satisfy the back child support.  There’s really nothing your attorney can do to prevent this from happening.  However, you attorney may be able to negotiate some room for extenuating circumstances. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement. Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

4. 

   23 Jul 2020

   Questions about Car Wrecks - Part 1

   Episode 13: On today’s episode, Jim Desmond answers Frequently Asked Questions. Let’s face it, it is hard to understand the law if you aren’t a lawyer and even if you are one it can still be challenging to decipher. Today we will be answering questions and hopefully be able to help you to better understand when auto accidents. Do I have a personal injury claim if I do not have car insurance? The answer is yes. This happens to be one of the biggest things that people mess up. In Kentucky, if you don’t have car insurance, you cannot recover the first $10,000 of your medical bills. In Indiana, there is not a penalty. If the other driver is at fault and insured, then you still have a personal injury claim. If you are unsure or turned away from other law firms, it’s important to keep trying. It is very important to try to be insured because then you won’t be penalized and there’s a possibility to make an underinsured claim (https://www.attorneydesmond.com/underinsured-motorist/), which says basically that your damages are more than what you may be recovering from the at-fault driver. Why do I have to use my car insurance for the medical bills if I was not the one who caused the wreck? In Kentucky, the idea is that you should not have to show fault or liability on a driver to get your medical treatment. If you get in a car accident, no matter how it happens, you are immediately entitled to $10,000 in medical expense coverage, which is called no-fault insurance. It’s not just your medical expenses covered, it also can apply to loss wages and loss of services and this even goes for the passengers of the car. It doesn’t mean you can’t recover the $10,000 back, you just have to pay it up front. The reason that Kentucky has that is because in exchange for that right, we give up the right to recover the first $10,000 in medical bills. It’s good because you have money there that can help you if you were to get hurt. The first question when it comes to car accidents is who is insured and for how much? How do I get my car fixed? You have two ways to get your car fixed. The first is when you are in an accident, police will usually arrive and take the drivers’ insurance and stories. After that, you wait for your police report, because that gives you the other driver’s information. This allows your attorney to contact the other driver’s insurance company to start a claim. Unless the person who hit you takes responsibility, the insurance company is allowed to investigate the case. The issue if they don’t take responsibility, is your car will just sit there. The second is if you have collision coverage on your car, you can use that. The downside of this is you lose your deductible. Later, you can get this back if the other driver is at fault. How do I get the rental car extended? If your car is fixable and at a repair shop, it won’t be that hard to get it extended because the body shop should be staying in touch with the insurance and keeping them updated. When the car is a total loss, they will owe you fair market value. This can be hard because you may have put a lot of money into the car to keep it driving, but they will see it as it is. Sometimes you can argue for more, but there’s really no way around it. When your car is totaled, the insurance company will limit how long you will get to use a rental car for, the average is usually 10-14 days from the day of the accident. If you’re in an accident and the other insurance is not accepting fault right away, what should the driver do? You should open the claim and talk to a lawyer. Many times, they will send investigators out and look at the area.  Sometimes, we’re lucky enough to find cameras which may have recorded the accident. Another important thing is to get the witnesses’ information and don’t rely on the police officer. Sometimes people’s numbers change, or numbers can be wrong, so it is important to have those contacts. If you are waiting for the other driver to accept fault, they do have a reasonable amount of time to go through everything with their insurance and to investigate. Usually the more information you have, the faster it will be. Why would I involve my health insurance if the other side hasn’t paid my medical bills yet? The first thing to understand is that the other side won’t pay anything until they pay for everything at once. They do this so they won’t be making multiple payments. The other insurance adjuster will try to dispute everything and try to see if your injuries could be from preexisting issues. Usually, before you are seen, they will want to use your medical insurance for co-pays, which you’ll have to pay to get treated. One key step is to reserve the no-fault coverage, because that $10,000 can be used to pay things like co-pays or deductibles. Are attorney fees negotiable? Yes. There is no law that requires an attorney to ask for a certain amount for personal injury cases. The standard is 1/3 of what you recover and 40% if it goes to a lawsuit. Most injury lawyers use contingency fees, which means the client owes nothing unless something is recovered. It costs 1/3 because some cases can take more than a year to resolve. Will I make more money going to court rather than settling a few months in? If you go to trial, it’s like walking into a casino because you are trying to convince 12 people that your claim is worth so much money. On the other side, the defense is saying your claim is not worth that much. A lot of people think suing will get you more money, but that’s not always the case. It really depends on the value of the case. Court costs also become extremely expensive and very timely. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement. Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

5. 

   8 Jun 2020

   Motorcycles and COVID-19

   Episode 12:  On today’s episode, Jim Desmond will discuss motorcycle riders and COVID-19. Right now, in the world, people are struggling with let’s face it, Cabin Fever. With nice weather happening, motorcycle riders are taking full advantage. The biggest concern is now there may be drivers with no insurance or less insurance coverage than before due to lack of working or even lack of driving. When people are not driving, there comes a point of “Why am I paying for insurance that I’m not using?” The problem with driving a motorcycle is that if there were an accident, the damage will be much greater than if you were hit in a car. It is important to protect yourself by having a policy set in place in case you were to get hit. Motorcycle coverages are treated differently and viewed differently because Kentucky has a no-fault policy. That means motorcycles will not be automatically covered. There are 3 coverages that protect you as an operator of a motor vehicle. The first is no-fault coverage, which means your medical bills are covered by the vehicle you’re in for up to $10,000 immediately. This could also be loss of wages and other elements. The second is uninsured, which means your company may act like they insured that other driver. Then there is under insured coverage, which means there isn’t enough insurance available via the at-fault drivers’ coverage. Uninsured or Underinsured coverage on any automobile or motorcycle policy you have on at least $100,000 per person will give your lawyers the tools they need to work with. You should always prepare for the worse case-scenario. There have been many times where the coverage will not match the damage. Most people had to learn the hard way. On a motorcycle, no-fault (or PIP coverage) is not automatic. In fact, they penalize motorcyclist. You will have to use your health insurance to get everything covered. The law goes on to say that the motorcyclist driver cannot recover the first $10,000 of their medical bills they treat them as if they are uninsured. The passenger cannot recover the no-fault coverage, but they can have their medical bills covered. If you ride a motorcycle, you cannot assume any aspect of your automobile insurance will apply. There are often exclusions that may be hard to find on the contract regarding whether the coverage also applies to motorcycles. If you or a loved one is in a motorcycle accident,  it’s important to document everything. Get the contact information of witnesses and take pictures of the accident and maybe even your wounds. If there is a surveillance camera, it is important to try to get the tape. You have 3 claims you can make in a car wreck/motorcycle accident: property damage, medical bills, and pain and suffering. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement. Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

6. 

   19 May 2020

   Why Attention to Detail Matters

   Episode 11:  Louisville personal injury attorney Jim Desmond discuss why he wrote a controversial blog post.  A lady called to see if he could help.  She had already been turned down by two other larger firms.  Jim was able to figure out that actually, a fairly significant case did exist.  Let’s talk about why this happens. Many of the advertising law firms are very competent attorneys.  However, when there are a ton of cases coming in, the process matters.  Not every case will get the attention it may require.  This is especially true if the case isn’t being handled by an actual attorney. Some television ads mention how a specific firm may have tremendous financial resources to handle your case.  That’s true, but it doesn’t matter if the attorney never really gets the time to work on your case.  Large marketing budgets and staffs require a tremendous amount of case volume to support those overhead issues. When an attorney, like Jim Desmond, has the time to investigate the facts and details of your case, there’s a good chance that an effective strategy can be developed, assuming the case itself has merit.  Small discrepancies in the facts can lead to significant outcomes.  An attorney needs to assess all of the factors, develop a strategy for the case and begin pounding away at the facts of the case.  This takes time and attention to execute. If you’ve been in an accident, the evidence is critical.  Photographs, witness statements and other types of evidence help to support your attorney’s argument in the severity of the case, the resulting damages and the value of your case.  An experienced personal injury attorney knows how to gather these elements and how to use them.  Non-attorney staff members may not have that level of experience. Jim discusses various ways he handles cases in an effort to maximize the settlement and the funds the client keeps, once all is said and done.  This is extremely important when health insurance liens are involved.  Kentucky provides no-fault insurance, which should often be reserved to enable other sources of funds to be used before tapping into the no-fault funds, if possible. The facts of each case are unique to that specific situation.  How the case is approached and managed may be very different, because the evidence and the related issues require specific steps to benefit the client’s objectives. COVID-19 Impacts Law Firms, Too The system has slowed down for a variety of reasons.  However, the process is still moving forward.  Staying organized and carefully monitoring the documentation is even more important when others may not be responding as quickly.  Let’s be honest, the “normal” way of doing things has been disrupted. Jim takes specific steps to ensure PPE measures are taken when he’s meeting with clients, during the COVID-19 crisis.  Much of the contact can be done over the phone, via mail and other methods.  It depends on what the individual client is comfortable with, at this time. The key is to keep a client informed of the steps that are being taken, behind the scenes.  A lot of what goes on may not involve/require direct interaction with the client, but a good attorney will keep the client up to date on what’s going on so they know the case is moving. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement. Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

7. 

   21 Apr 2020

   Kentucky Motorcycle Accident Lawsuit

   Episode 10:  Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents.  This episode continues the discussion on motorcycle accidents from Episode 9. What Are the Next Steps at the Hospital? If you don’t have health insurance, ask to speak with the financial counselors at the hospital.  They may be able to help you find sources of coverage.  It’s important that you’re able to treated.  More importantly, you’ll be able to get the negotiated rates between the hospital and the insurance company. Jim Desmond will begin looking for any/all sources of insurance coverage, including underinsured or uninsured motorist coverage to help his clients.  Motorcycle wrecks usually involve extensive injuries, so the medical bills and lost wages are going to be substantial. Motorcycle wreck cases test the experience and knowledge of most attorneys.  Attorneys want to protect their clients from overwhelming financial burdens, even when the collision wasn’t their fault. When a Lawsuit Needs to be Filed Ideally, your case will be negotiated to a fair settlement.  If that can’t be reached, it may be necessary to file a lawsuit.  This is going to extend the timeline of getting your case resolved and financial reimbursement. As the lawsuit proceeds, the process of discovery will begin.  The depositions will then be scheduled.  A mediation is usually scheduled.  It’s another chance for the two sides to reach a settlement. Statute of Limitations In Kentucky, you have 2 years from the date of the accident, or 2 years from the date of the last no-fault payment (i.e. PIP) to file your lawsuit.  If you miss go beyond this window of time, you can’t file.  With a motorcycle accident, there is often no PIP coverage involved, so the extra time may not be available to file the lawsuit.  For this reason, you need to make sure you understand the timeline. Policy Limit Offers with Motorcycle Accidents If you have a carrier offering the policy limits for the at-fault driver, it may cause trouble for you when pursuing the underinsured claim.  There are important processes that must be followed.  Again, it’s another reason you should hire an attorney. What Happens if They Appeal the Verdict? Again, a trial will significantly increase the time it will take to get your case resolved.  An insurance company has the right to withhold any payments until the case is resolved.  Even if the verdict has been rendered, if the other side decides to appeal the decision, additional time has just been added to the timeline.  It’s a risk inherent in taking a case to trial. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

8. 

   7 Apr 2020

   Motorcycle Accident Insurance Issues

   Episode 9:  Louisville personal injury attorney Jim Desmond has spent years representing people injured in motorcycle accidents.  This episode focuses on why these cases are complicated and what motorcyclists can do before they take their bikes out of the garage for spring and summer. The risks to a motorcyclist is significantly higher because the likelihood that the injuries will be far more serious.  The medical bills and related expenses can be overwhelming.  An attorney needs to quickly determine any and all available sources of insurance coverage. Kentucky has a state minimum level of insurance of $25,000.  This may be only be a fraction of the actual expenses.  It’s extremely important for a motorcyclist to carry a significant amount of Uninsured Motorist and Under Insured Motorist coverage (UM/UIM).  These coverages are there to protect the motorcyclist, in the event the at-fault driver either doesn’t have insurance or doesn’t have enough insurance.  UM/UIM will add to the available funds to help the injured motorcyclist. Your motorcycle isn’t adequately covered by your standard automobile insurance policy.  Unlike Kentucky automobile insurance, no-fault coverage on your motorcycle doesn’t exist unless you specifically purchase it.  A standard car insurance policy provides no-fault coverage (also called personal injury protection or PIP coverage).  This lack of coverage creates another financial gap for motorcyclist.  PIP coverage is generally $10,000.  Without specific PIP coverage, the motorcyclist may be unable to recover the first $10,000 of medical expenses. Pedestrian PIP only covers a pedestrian the who may be hit by a motorcyclist.  It does not apply to the motorcyclist. If a motorcycle wreck has occurred, it’s important that the evidence is preserved.  Pictures are extremely important.  It’s important to photograph cuts and bruises that may heal by the time the case goes to trial.  The location of the vehicles is significant in reconstructing what may have occurred at the time of the collision.  The victim may not be able to take the photos, but family members may be able to, if they arrive at the scene. It’s important to remember to download the photos from your cell phone to a laptop or other storage device.  Phones can be damaged or lost.  The important photos could be lost. It’s incredibly important to avoid posting statements and/or photos to social media while your case is being handled.  It’s very easy to make comments which could later be taken out of context.  This often can be extremely damaging to an injured victim’s case.  This includes the family and friends of the injured motorcyclist. Get the Police Report This important document will list the people involved and their insurance companies.  It also often indicates which driver appears to be at fault.  The website www.BuyCrash.com is a trusted, easy resource.  It’s very inexpensive and can be done quickly.  The information on the report is helpful when opening the motorcycle accident claim. Your own health insurance may need to be used to cover your medical expenses, especially if you didn’t purchase the additional PIP coverage as part of your motorcycle insurance.  The advantage to using your healthcare is that you are able to get medical treatment even before the case is resolved.  If your health insurance pays your medical bills, they have the right to file a lien against any settlement or jury verdict you recover from the at-fault driver.  Medicare and Medicaid have the same rights to attach a lien to your settlement or verdict. Jim Desmond will continue the discussion in Episode 10. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

9. 

   23 Mar 2020

   More About When Car Wrecks Involve a Workers’ Compensation Claim

   Episode 8:  In Part 2 of this conversation, Louisville automobile accident attorney Jim Desmond continues his discussion with Louisville workers’ compensation attorney Scott Scheynost. There are more options if a workers’ compensation is involved in your automobile accident claim.  Rather than simply having to rely on the at-fault drivers’ insurance policy (and potentially your own UM/UIM coverage), Kentucky’s workers’ comp system provides more benefits. What if a Work-Related Accident Results in Death? Jim and Scott describe a previous case involving a work-related fatality.  Workers’ compensation benefits are often tied to the amount of money you were earning, prior to the accident.  However, under the current workers’ comp system, there’s a significant lump sum death benefit amount that’s paid directly to the deceased worker’s estate.  The current amount is approximately $85,000.  This amount is not related to your earnings. Your dependents may also be able to receive benefits, based on the amount of money you were making. How Do Workers’ Comp Attorney’s Fees Differ from Personal Injury Attorney’s Fees? While a typical personal injury lawyer may charge a 1/3 fee (33%) or more of any financial award in an automobile case, under Kentucky’s workers’ compensation law, workers’ comp lawyer fees are limited to 20%, up to a maximum of $18,000. Can worker’s comp benefits be disputed? There may be a valid argument that an employee may have decided to deviate from his/her work-related travel.  Generally, minor deviations during the day may still be covered.  For instance, stopping off at a restaurant for lunch, pulling into a rest area to use the restroom.  It really depends on how far the driver went for a non-work-related activity. If the workers’ compensation is successful in arguing the employee made enough of a deviation that the accident is not covered, the employee still has the option of pursuing a normal automobile accident claim.  Remember, if it is work-related, the claim will be handled as a workers’ compensation claim.  That system is considered “primary.” Are Independent Contractors Covered by the Employer if They’re in an Accident? The employer’s control over the laborer or independent contractor, may legally require the employer’s workers’ compensation coverage to pay benefits.  The more say a company has in the activities, tools, etc., the higher the amount of control over the activities of that individual.  In this case, the law may actually consider the independent contractor to be eligible for workers’ comp. If the employer doesn’t have workers’ compensation coverage, the government has a fund to cover these situations, if someone qualifies.  This is the Kentucky Uninsured Employers Fund. A personal injury attorney can handle the property damage and a claim for pain and suffering.  The workers’ compensation attorney will handle the medical expenses claim.  There’s also a possibility that both can use a permanent impairment as part of the multiple claims.  If your attorneys can work together, you may have multiple options for recovering compensation for the issues related to the collision. Can Company Executives File for Benefits if Injured Traveling for Business? For more highly-compensated employees (e.g. managers or executives) who are injured while traveling for business, their medical expenses could be covered, but there is still a limit on the Temporary Total Disability (TTD) payments, because they are capped at 2/3 or your average weekly income.  There’s also a cap on the dollar amount of your TTD (currently it’s approximately $900). If the individual is traveling outside of Kentucky, Kentucky workers’ comp coverage should still apply, in addition to potential automobile accident coverage (e.g. UM/UIM), if they were driving.  It’s also possible that local coverage may apply, enabling the individual to choose which system to use. For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com. For more information about Louisville Worker’s Compensation Attorney Scott Scheynost, visit http://www.scheynostlaw.com/. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

10. 

    6 Mar 2020

    When Car Wrecks Involve a Workers' Comp Claim

    Louisville automobile accident attorney Jim Desmond invited his friend Scott Scheynost who handles Kentucky workers’ compensation claims.   If you are involved in a collision, while performing work-related activities, you may qualify for a claim for workers’ comp benefits, as well as a personal injury claim. Who’s Responsible for My Medical Bills? If you’re on the job, it’s probably work-related, which means workers’ comp is primary for your medical bills and lost wages.  While Kentucky no-fault coverage (PIP coverage) generally covers up to $10,000, there is no limit under Kentucky’s workers’ compensation system for your medical expenses. Kentucky is a choice-of-provider state.  This means you can select your doctor, instead of having to go to a company-select doctor.  This is an extremely important because your family doctor will focus on getting you healed, while the company-doctor may have an incentive to contain costs by limiting treatment, tests and potentially urging you to return to work more quickly. Jim Desmond can the third-party claim against the at-fault driver.  Scott Scheynost can handle the comp claim (http://www.scheynostlaw.com/).  If you have injuries related to the car wreck, workers’ compensation will cover the medical treatment and lost wages.  However, once you’ve recovered, the benefits will stop, unless there’s a permanent problem.  The automobile accident claim will address your pain and suffering, which could be more that the amount you received via your workers’ compensation claim. Permanent Injuries from Work-Related Car Wrecks If there’s a permanent impairment, that will factor into both the third-party claim and additional money based on your impairment rating.  The impairment rating of your permanent disability is based on a number of factors.  In Kentucky, you’re also entitled to lifetime benefits as part of your workers’ compensation benefits.  Some injured employees may also qualify for vocational rehabilitation (up to 52 weeks for books, tuition, travel and related expenses). In Kentucky, you generally have 2 years from the date of the accident to file a claim for a car wreck. (https://www.attorneydesmond.com/)  Kentucky’s workers’ comp system also has a 2-year statute of limitations, but that goes from either the date of the accident or the date of the last payment for temporary total disability benefits (TTD), whichever is later.  It’s a good idea not to wait because gathering the records related to the crash, your medical records and other information can take significant time. What if My Treatment is Denied? The workers’ compensation adjuster/carrier can attempt to deny the treatment, but you can also use your PIP coverage to go ahead and at least part of the expense paid for, while the workers’ comp process is being either negotiated or argued before the judge.  The earlier you get your claim started, the quicker you may be able to get the treatment you need. Can I Get Fired if I File a Workers’ Comp Claim? Kentucky has a specific law to prevent retaliation.  If the employer does attempt to retaliate, it’s important to document what they are doing, what’s changing or being threatened to change.  Good communication with your attorney is an important factor in the success of your case. What if I’m involved in a Collision, on Company Policy, before I Clock in? If you’re injured in a company-owned parking lot or an area in which the company exerts control, you’re probably eligible for workers’ comp benefits.  Again, good communication with your attorney is important. If you’re hit by a fellow employee in the company parking lot, Kentucky’s Exclusive Remedy Law may prevent you from suing the employee, but you are still covered under workers’ comp. However, if you are involved in a wreck with someone who works at the same company, but it’s not work-related, or on company property, you may be able to pursue a third-party claim (e.g. a car wreck claim).  This situation isn’t work-related, so Kentucky’s workers’ compensation system would not apply. For more information about Automobile Accidents, visit http://www.attorneydesmond.com/. For more information about Workers’ Compensation, visit http://www.scheynostlaw.com/. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

11. 

    24 Feb 2020

    Dealing with Insurance after a Car Wreck

    Louisville automobile accident attorney Jim Desmond continues the discussion about the accident claim process.  He’s going to explain important issues related to getting back to normal, after a car wreck.  This conversation began in Episode 5. Assuming you now have the police report, you’ll determine what company is actually insuring the automobile.  This might take some effort.  Once a claim in opened, they issue a claim number.  It’s important to include that number on any communication. It’s possible that you and the at fault driver might be covered by the same insurance carrier.  You need to understand your rights.  Get documentation on your car’s fair market value. They might try to low-ball the property damage claim.  The police report, photographs from the accident site and other documentation will better position your claim.  Be mindful of your tone when speaking to the adjuster.  The reasonable person typically has a good chance of getting to a fair settlement. Permissive Use The doctrine that if someone gives you their keys to use their car, you should be covered by their insurance.  Your own coverage is secondary.  However, if you’ve been driving their car on a regular basis, without being listed as an additional insured, the insurance company may be able to fight the claim. What if I Don’t Want to Handle the Case Myself? Some people don’t want to do all of the legwork.  As an attorney, Jim Desmond is happy to handle the details on your behalf.  It’s helpful, however, for the client to have a general understanding of the process. By getting an attorney involved earlier, some of the process can be made more efficient because attorneys file these claims all the time. Kentucky is a pure comparative fault state.  If the other side successfully argues you are partially at fault, they now have a claim against you.  Even if the reason you were in the accident is 85% the other person’s fault, you may still be on the hook for 15% of the damages.  It’s not about what actually happened.  It’s about what either party can actually prove. Determining who had the right of way is a key factor in establishing which driver is at fault. Many collisions occur when pulling into traffic, turning left across on-coming traffic or some other action causing a rear-end collision.  People instinctively develop a presumption of what caused the wreck. This is why the accident-site photos, police reports and other details discussed in Episode 5 are so important. This Happened This Week What happens if your daughter or son is driving your car out of state and has a wreck?  The laws of the state in which the car wreck occurred will take priority.  However, the insurance coverage you have from your own state will travel with the car. For instance, even if the other state doesn’t have a no-fault system, your Kentucky no-fault benefits will still apply.  It’s a good idea to make sure your child is listed as an insured driver.  It may make sense to name your child on your policy, even if he/she only lives with you part of the time. For more information, visit http://www.attorneydesmond.com/. Important Disclaimers: While this podcast addresses what to do after a car wreck, the information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.

12. 

    11 Feb 2020

    What To Do After a Car Wreck

    Episode 5:  When a car accident happens, the insurance coverage in place is what matters.  You can’t add coverage after the wreck.  Therefore, be proactive and understand what type of accident coverage you have and what you might need. What do you do after the collision happens? Don’t immediately call your attorney.  First, seek medical coverage to make sure you and your passengers are alright.  Your Kentucky automobile accident claim will often include medical records, so get checked out by a medical professional. Next, if you can safely do it, take photographs of the damage to the cars, the placement of the cars and request your police report.  The photos and the report can help in negotiating your case with the insurance adjuster.  Even though the report is not admissible in court, most automobile accident cases settle before they actually make it to trial.  So, the details contained in the report can provide important details and “proof.” It’s extremely helpful to get the name, phone number and address of any witnesses.  You need to keep a copy of this, because that information might not be added to the police report. You can contact your insurance company to open a non-fault claim, also called a PIP claim. However, don’t guess in responding to their questions and definitely don’t minimize the extent of your injuries.  They’ll provide your claim number, the name of the adjuster and his/her phone number. If the other person is at fault, you’ll contact their insurance company.  That company is called the liability carrier.  Again, be sure to get the claim number, adjuster’s name and his/her phone number.  Understand, the liability carrier isn’t going to pay for medical bills until the case is ultimately settled. Property Damage Questions Is the car a total loss?  If the repair would cost 70-75% of the vehicle’s fair market value, the insurance company has total the vehicle.  Understand this is the fair market value, not the replacement value. Insurance and body shops are allowed to use “used” parts in the repair.  A good body shop manager might be able to speak with the insurance adjuster to explain why certain situations may require new parts. Some damage may be concealed and not noticed, until the repair is underway.  These are called supplemental repairs.  The body shop will often contact the adjuster and explain why the repair just became more expensive This Happened This Week: A Health Insurance Lien is a right to collect against a settlement.  An insurance company can attempt to collect reimbursement for the bills they paid out of the settlement awarded to the victim.  In this situation, the insurance company sent notification to the injured party 6 months after the case had been settled. Jim was able to work with the no fault claim adjuster to get the bill paid.  Having an attorney involved will make the process easier and will help to protect your interests. Resources to Get Your Police Report Option #1:  www.BuyCrash.com - You can use your accident report number.  There is a nominal fee for this service. Option #2:  Louisville Metro Police at 701 West Ormsby can also provide you with a copy of the report.  Again, a nominal fee is involved.  Visit this site for additional information:  https://louisville-police.org/189/Get-a-Police-Report. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Co-host Jim Ray is a non-attorney spokesperson.

13. 

    27 Jan 2020

    Uninsured Motorist and Under Insured Motorist Coverage

    Jim Desmond is a personal injury attorney licensed to practice in both Kentucky and Indiana.  His office is located in Louisville. This podcast is going to provide helpful information, so you have a better idea of what you should do after a car wreck. Uninsured Motorist (UM) and Under Insured Motorist (UIM) Coverage The declarations page of your insurance policy lists the limits (e.g. 25/50/10).  The first number is the maximum coverage for the first person.  So, on this policy, it’s $25,000.  The second number is the maximum coverage for all people involved (i.e. $50,000).  The last number is the property damage coverage. UM or UIM coverage is generally used for pain and suffering claims and uncompensated medical expenses. Your uninsured motorist coverage and under insured motorist coverage must be in place before the collision occurs.  Bodily injury coverage refers to the amount your policy will pay for the other person, not you. You can have coverage as a named insured and others may be covered under resident relative concept.  Uninsured Motorist and Under Insured Motorist coverage can apply to resident relatives. Jim Desmond discusses various situations, including a bus accident requiring multiple claimants to file against a single driver.  He explains how UM/UIM coverage can be an added layer of protection.  If there are multiple injured parties, the attorneys will work to help decide how the coverage will be divided among the victims. If you are hesitant to file a claim in an automobile accident, it begins as a personal injury claim, not a lawsuit.  You’re trying to recover from the at-fault driver via negotiations.  If you can’t reach an acceptable settlement, your attorney can file a lawsuit.  In most cases though, you’re going after the insurance company that is covering the at-fault driver. This Happened This Week The no-fault carrier has a lien against the case for the amount it paid.  If you can figure out the policy limits of the at-fault driver, your attorney can petition the at-fault driver’s insurance company pay the victim directly.  This may avoid having the no-fault carrier recover the lien.  It’s complicated, but your attorney understands whether it’s possible in your case. Need to Hire an Attorney for Your Auto Accident Case? You can contact Jim Desmond at www.AttorneyDesmond.com.  His cell phone is (502) 609-7657.  Follow the links on his website to his Facebook page, where you’ll be able to follow him and keep up to date with new information about personal injury law in Kentucky and Indiana.

14. 

    14 Jan 2020

    No Fault Coverage in Kentucky

    Episode 3 – No Fault Coverage in Kentucky Jim Desmond is a personal injury attorney licensed to practice in both Kentucky and Indiana.  His office is located in Louisville.  We will launch new episodes of the Kentucky Auto Accident Podcast, every 2 weeks.  This podcast is going to provide helpful information, so you have a better idea of what you should do after a car wreck.  If you’ve been in an accident, knowing whom to call is half of the battle. Kentucky No Fault Coverage This is often misunderstood, but it’s a valuable coverage for medical expenses and lost wages.  It’s up to $10,000 of coverage for you and your passengers.  It provides immediate coverage without having to prove which driver is at fault.  It’s called personal injury protection or PIP coverage. Your Kentucky no fault coverage applies if you’re in a different state, because it follows you.  You’ll be required to prove medical expenses and/or lost wages.  It’s important to seek medical treatment as quickly as possible to establish a medical record. In a collision, if you use your no fault coverage, you surrender the right to recover the expenses as part of your settlement. Motorcycle coverage does not provide automatic no fault coverage.  You can purchase it, but it’s expensive for motorcyclists.  Pedestrian PIP covers a pedestrian you hit.  If you have an injured motorcycle passenger, he/she can recover the full amount of his/her medical bills from the at fault driver. No fault coverage is usually for medical bills (including co-pays and deductibles) and lost wages.  You can buy more lost wage protection.  It’s generally a good idea.  It can also cover some replacement services, limited funeral expenses and some survivor benefits. The funds are typically handled by the insurance company’s no fault adjuster. A claim number will be established. Your attorney can help you with your application.  Let your medical provider know your claim number and they will usually bill the insurance company. Indiana’s system is called med-pay and must be purchased, prior to the collision.  It covers part of your medical bills.  Pay attention to any exclusions.  If an Indiana driver has a car wreck in Kentucky, you are generally entitled to no fault coverage.  You may still have your med-pay coverage for additional medical bills. This Happened This Week Jim Desmond settled a pain and suffering claim for a motorcycle client.  The client had limited, additional coverage.  Medicaid is helping to reduce the amount of the remaining medical bills. Need to Hire an Attorney for Your Auto Accident Case? You can contact Jim Desmond at www.AttorneyDesmond.com.  His cell phone is (502) 609-7657.  Follow the links on his website to his Facebook page, where you’ll be able to follow him and keep up to date with new information about personal injury law in Kentucky and Indiana. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Co-host Jim Ray is a non-attorney spokesperson.

15. 

    30 Dec 2019

    Determining Fault in a Kentucky Car Accident

    Recorded Statements with an Insurance Adjuster No one likes giving a recorded statement.  The adjusters have hundreds of open files.  Any piece of information you provide will go into the file.  If no one is disputing fault (e.g. they rear-ended you), why would you give a statement that might be used against you in the future?  The adjuster may try to claim, “It’s required under the contract.”  That’s not always the case.  If you end up giving a recorded statement, don’t minimize your injuries, answer the specific question they ask and don’t volunteer more information.  They will ask if they want additional facts.  You can always wait until you have your attorney present or at least on the phone.  He/she can help you to avoid giving too much information, especially if the adjuster didn’t ask for it. Who’s at Fault? If you’ve been in a car wreck, get a police report.  While they are not admissible in court, they can be helpful during negotiations with the adjuster.  Determining who had the right of way is a key part of the case.  If the other driver had the right of way, you may be at fault.  This could be the case any time you are merging into traffic or crossing an intersection. What’s Comparative Fault?  Kentucky is a pure comparative fault state.  If you’re 99% at fault, you can still recover 1% of the damages.  This is typically determined by the attorneys and insurance adjusters.  Indiana is a modified comparative fault state.  If your fault is 50% or more, you probably won’t be able to win a claim for damages.  Determining the percentage of fault for each of the drivers is complicated and can seem arbitrary. Will My Car Get Totaled or Repaired? Take pictures of the damage to the vehicle.  It can help.  The 70% rule.  If the repair cost is equal to 70% or more of the fair market value of the car.  The insurance company is required to total it out.  This means you may only get $1,500 for your car, even though you’ll need $8,000 to replace it.  Again, it’s based on the fair market value, not replacement cost.  Does the owner get a say in it?  The short answer is no.  You may get “loss of use” to cover a rental car, but the insurance company has requirements regarding the 70% rule.  If the car can be repaired, you will be entitled to a diminution in value claim.  Basically, the car is worth less now that it’s previously been in an accident. What Happens if the Negligent Driver Doesn’t Accept Fault? If the other driver is claiming it wasn’t his/her fault, luckily, it’s not necessarily the driver who makes the determination.  Again, take pictures if you’re able.  Show the position of the cars, the damage, the debris pattern and even the license plate on the other car.  The police officer will attempt to make a police report.  The negligent driver’s insurance may or may not stand by their insured driver.  Collision/Full Coverage – You can use this part of your own policy to get your car repaired.  If the insurance company has a reasonable basis to dispute the claim, they most likely will.  It could take a lot of time to get this case settled, especially if there are injuries involved.  At least you can go ahead and get your vehicle repaired.  Going back to Episode 1 - “No Guarantee the other driver has enough insurance.”  Yes, you can make a claim against the at-fault driver, but if there’s no insurance, limited assets, and very little cash, you still may need to go back to your own policy (UM/UIM coverage).  UM is Uninsured Motorist coverage.  It can help cover your losses if the other driver doesn’t have insurance.  UIM is Under Insured Motorist coverage.  We can go against the driver’s liability insurance, possibly up to the policy limits.  Then, we could rely on your UIM coverage to cover a portion of the remaining losses.  If you are in an accident in a different state, your UM/UIM and PIP coverage follows you. This Happened This Week Some automobile insurance policies exclude motorcycles.  In this week’s case, Jim’s client was on a motorcycle.  A car pulled out, which forced the motorcyclist to lay down his bike.  No actual contact was made between the 2 vehicles.  His own insurance company paid the uninsured coverage (usually requiring physical contact, although it didn’t happen).  Jim hired an investigator who eventually found car.  Jim was able to determine insurance existed.  They made a claim, but were forced to give back the UM coverage proceeds.  The insurance company then attempted to blame the motorcyclist.  The coverage is now liability coverage, which was higher than the UM coverage.  Jim was able to recover more money as part of the settlement.  Unfortunately, the motorcyclist didn’t have under insured motorist coverage (UIM) so the recovery was capped at the policy limits of the liability policy.  Your motorcycle policy may have “pedestrian PIP” coverage.  This means that if your motorcycle hits someone, they can make a claim against your policy for $10,000.  This portion of your coverage is there to cover pedestrians, not you as a motorcycle driver.  Many people misunderstand this important coverage. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am licensed in Kentucky and Indiana, so the general advice provided may not apply outside of Kentucky and Indiana. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Co-host Jim Ray is a non-attorney spokesperson.

16. 

    2 Dec 2019

    Meet Louisville Attorney Jim Desmond

    Episode 1 Introduction of Jim Desmond Jim Desmond is a personal injury attorney (https://www.attorneydesmond.com/) licensed to practice in both Kentucky and Indiana.  His office is located in Louisville.  We will launch new episodes of the Kentucky Auto Accident Podcast, every 2 weeks.  This podcast is going to provide helpful information, so you have a better idea of what you should do after a car wreck.  If you’ve been in an accident, knowing whom to call is half of the battle. Why he went into law and specifically injury law Jim decided to practice injury law because it’s similar to building a puzzle.  There’s a lot to know about who is responsible and where insurance coverage might exist to help pay for your injuries.  You can call Jim on his cell phone at (502) 609-7657.  No one plans to be in a car wreck.  You need someone to rely on for solid advice. Remember, the insurance adjuster is not the best source of information, because they are not there to help you.  They’re trying to find a way to minimize the amount you receive. Jim originally began working for a larger personal injury firm. Unfortunately, there’s a high case load and the involvement of multiple paralegals is common in large firms.  Jim prefers to handle cases personally.  He wants to be able to work directly with his clients. You need insurance to protect yourself, as well as others In Kentucky, the state minimum is $25,000, but nothing in the law guarantees the other driver has enough insurance to cover you.  One type of coverage is:  Under Insured Motorist – the at fault driver has insurance, but not enough to fully cover your medical bills, property damage or pain and suffering.  Another important type of coverage is:  Uninsured Motorist – the at fault driver doesn’t have insurance at all. No-Fault in Kentucky Doesn’t mean you can sue the driver who caused the collision.  No-Fault means you automatically have coverage for medical bills and lost wages, up to $10,000.  This is also called “personal injury protection” (PIP). If you’ve been in a car wreck Go see a doctor.  You need a formal medical record to support your claims for injuries.  It’s important that you document the injuries so the insurance company can’t try to blame the injury on something else that happened later (e.g. you fell down) Representing yourself vs. working with an attorney You could try to represent yourself, but you may not get the same results.  Risks of mistakes can seriously cost you money in your settlement.  It’s about what you’re able to keep after you settle your case.  Insurance companies can attempt to recover a portion of your settlement (“subrogation liens”).  It’s the law. You’re often better off working with an attorney who knows how to negotiate with the adjusters.  The attorney is also there to help you to consider future expenses you may incur for ongoing treatment.  Once you sign the settlement and release, there’s no going back to recover money of unforeseen expenses. Fees and Jim Desmond’s promise not to make more than his clients For cases not involving a lawsuit, Jim will lower his fees to ensure his clients make more that the attorney fees. This Happened This Week A client ended up hiring Jim, because another attorney provided an quick case value, without really knowing the facts of the case.  There are many factors that go into valuing an injury case.  How much your case is worth depends on many issues, including the insurance company, the injuries, the value of the property damage and much more.  It’s a bad idea to hire an attorney because he/she makes a promise of getting you a high settlement.  There’s no way reliable way to realistically estimate the ultimate settlement without fully preparing the facts of the case. Need to Hire an Attorney for Your Auto Accident Case? You can contact Jim Desmond at www.AttorneyDesmond.com.  His cell phone is (502) 609-7657.  Follow the links on his website to his Facebook page, where you’ll be able to follow him and keep up to date with new information about personal injury law in Kentucky and Indiana. Important Disclaimers: The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky. This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.   Co-host Jim Ray is a non-attorney spokesperson.

17. 

    18 Oct 2019

    Get Ready for the Kentucky Auto Accident Podcast

    Louisville personal injury attorney Jim Desmond is launching a new podcast to help you understand how and why injury cases are handled and resolved successfully. Jim is licensed in both Kentucky and Indiana.  He's handled automobile accident cases for over 20 years. A new podcast episode will be release every 2 weeks with insights and perspectives related to auto accidents. The episodes are currently in development, so be sure to visit the Desmond Law Office website (https://www.attorneydesmond.com/) for more details.

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