In the early spring of 2021, Jeff Kincaid** was enjoying a nice Saturday afternoon in Kentucky on his motorcycle when he was unexpectedly and violently struck by the driver of an SUV. The SUV was stopped at a sign while waiting to turn left on a four-lane road. Jeff was traveling westbound on the four-lane road when the driver of the SUV negligently pulled out in front of him and crashed into his motorcycle. The severity of the impact caused Jeff to be thrown off the motorcycle. As a result, Jeff suffered a skull fracture, facial fracture, right ankle fracture, and right shoulder fracture with a rotator cuff tear. He was immediately transported to the ER via ambulance and admitted for surgery on his shoulder and treatment of his other injuries.
By Kyle Roby, Partner
English, Lucas, Priest and Owsley, LLP
All too often I get calls from people who have been rear-ended by a distracted driver. Most of the time, when no one was injured with only damage to the vehicle, there is not a need for a personal injury attorney like me to get involved, but I am always happy to provide information on how one should proceed after being rear-ended and provide a warning for potential pitfalls that may arise.
What often complicates matters is when the person that rear-ended the vehicle does not have insurance, leaving the person who got hit to fix their car out of their own pocket. In these situations, whether you are trying to seek payment for damages from the at-fault driver’s insurance company or your own to get your car fixed, this can be an extremely frustrating experience. Here are five tips that I often share to help ease your frustration: Continue reading
What is disputed liability and what impact does it have in the state of Kentucky?
By: ELPO Law Attorney J.A. Sowell (jasowell@ELPOLaw.com; 270-781-6500)
Disputed liability is a term used by insurance companies when negotiating bodily injury claims made against their insured after there is an injury resulting from a car wreck. Insurance companies want to limit the amounts of money that they must pay out to injured parties. One way to accomplish this goal is by disputing that their insured is at fault in what occurred.
By ELPO Law Attorney Jessica Shoulders
According to the Federal Highway Administration and the National Highway Traffic Safety Administration (NHTSA), each year, 24 percent of weather-related crashes occur on snow, slushy, or icy roadways, and 17 percent of all vehicle crashes occur during winter conditions. With winter approaching, it is important to know what you can do to reduce your chances of being involved in a winter weather related crash and what to do if you find yourself in the unfortunate situation of being involved in one.
Snow and ice reduce pavement friction and vehicle maneuverability, causing slower speeds, reduced roadway capacity, and increased crash risk. Heavy snow and sleet can also reduce visibility. Lanes and roads are obstructed by snow accumulation, which reduces capacity and increases travel time delay. If you encounter any of these road conditions, the following tips from AAA and the NHTSA can help you avoid a crash:
By Kyle Roby, Partner
If you follow ELPO Law on social media (facebook.com/ELPOLaw; @ELPOLaw) or subscribe to our ELPO eNewsletter (click here to subscribe), you are familiar with articles with tips on how to protect your family with car insurance or what happens if you are involved in an accident involving an Uber driver. For most people who are involved in a car wreck, however, it is either their first accident or they have no idea on what happens next. Here are five things that you need to know after being involved in a car wreck:
By J.A. Sowell, Attorney
Reprinted from SOKY Happenings article 4.30.20
Picture this – it is Monday evening. You are driving down Campbell Lane with your two children in the backseat headed to grab a quick dinner after soccer practice. As you approach the intersection with Scottsville Road, you have the green light. Then, out of nowhere, a pick-up truck unexpectedly tries to turn left in front of your vehicle. Despite going the speed limit and paying attention to the road, there is nothing that you can do to avoid the collision. Boom! The pick-up truck rams into your vehicle, causing it to spin out and incur significant damage. You and your kids sustain neck and back injuries from the impact. The other driver is clearly at fault. No big deal, though… his insurance will surely cover the property damage, as well as the medical bills, lost wages, and pain and suffering you endured, right?
Well… maybe. According to the Insurance Research Council, there is a 13% chance that the driver who hit you does not have any insurance at all – even though Kentucky law requires every driver to maintain a certain level of insurance coverage. There is also a good chance that while the driver has car insurance, he only carries the minimally required coverage, which may not be enough to fully cover the damages you sustained from the accident he caused.
So, what can you do to make sure your family is protected in a situation like this? You can prepare for these unimaginable situations by obtaining uninsured and underinsured motorist coverage on your automobile insurance policy.
By Kyle Roby, Partner
Most of us use the ride sharing service Uber when we need a ride because our car is in the shop or we are planning an evening out on the town. When you call for an Uber, the last thing on your mind is what happens if you are injured in an accident while riding in an Uber. However, as statistics show, accidents involving Uber drivers occur more frequently that one would imagine. Sometimes the Uber driver is at fault while other times it is the fault of another driver. But what happens to you – the passenger – if you are injured? Who will pay you medical bills, lost wages, or other damages?
If you don’t have uninsured or underinsured motorist coverage, you should talk to your insurance agent about purchasing this very important coverage as soon as you can. Such coverage can mean the difference between a fair recovery and financial ruin in the event of a serious accident with a driver who has no insurance or who has only the minimum policy limits.
However, should you ever need to actually use your uninsured or underinsured coverage, do not expect your insurance company to be on “your side” of the case.
Insurance companies have certain duties not only to their insureds but also to those who file legitimate claims against those who they insure.
A company’s failure to uphold these duties can result in a finding of liability under Kentucky’s bad-faith laws, but the claimant has the burden of proving his or her case by a preponderance of the evidence. This is not always an easy task, since there those involved may not agree about who is at fault or the amount of damages to which the claimant is entitled.
Uninsured motorist insurance coverage can help pay for property damage, medical expenses, lost wages, and pain and suffering in the event that an insured is involved in an accident with an uninsured (or underinsured) driver. An uninsured driver is just what you would think it means – a driver that does not have insurance. Underinsured driver means the at fault driver has insurance, but they do not have enough insurance to cover your damages such as medical bills, lost wages, and pain and suffering.
If an insurance company makes payments to its insured under a uninsured motorist policy, the insurance company has a right to file suit against the uninsured driver in order to assert its subrogation rights. In such cases, the insurance company essentially stands in the shoes of the insured and is held to the same procedural rules as the insured if he or she filed the lawsuit.