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Articles Tagged with insurance

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People who must rely on PIP benefits available under a policy of uninsured motorist coverage following a Kentucky hit and run accident are often surprised at how contentious the process of obtaining fair compensation can be.

It might seem that the insured person and the insurance company are “on the same side,” especially if the claimant has been faithfully paying his or her premiums for many years. The truth is that an insurance company is still an insurance company. It does not matter whether a claim is paid out under a UM/UIM policy or a liability policy; the company will still do everything it can to limit the amount paid out.

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Kentucky is a “no fault” insurance state. While this does not mean that a person hurt by another person’s negligence can never seek compensation following a motor vehicle accident, it does provide that certain minimum benefits must be available to those who purchase automobile insurance, without regard to fault.

The idea is that injured individuals who suffer only minor injuries will have their medical expenses paid through their own personal injury protection (PIP) or basic reparations benefits (BRB), thus discouraging lawsuits.

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Compared to some states, Tennessee has a very short statute of limitations for the filing of claims involving personal injury: just one year. If a claim is not filed within this time period, the plaintiff’s case will be dismissed regardless of its merits.

In addition to filing his or her claim in court within one year of the accident, the plaintiff must also serve a summons and a copy of the complaint on the defendant within a certain time period.

A recent Tennessee personal injury case illustrates the difficulties that a claimant faced when his opponent not only moved out of the county but also filed for bankruptcy protection.

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By Kyle Roby, Attorney and Partner
English, Lucas, Priest and Owsley, LLP

close-up-of-road-300x200Would you consider an ATV – an all-terrain vehicle – a motor vehicle? Kentucky law and some insurance companies do not – and that’s what the case we recently won for a client concluded, to the client’s benefit.

The client, Thomas Robertson, was driving an ATV on a public roadway in Metcalfe County. Stacy Morgan was driving a vehicle on the same road, and as she attempted to pass Robertson, he turned left, and she collided with his ATV.

Both were injured in the accident. Robertson did not have insurance, but Morgan did. Robertson, driving the ATV, sought Basic Reparations Benefits (BRBs) from the insurance company that insured Morgan’s vehicle. Under the terms of Morgan’s insurance, Robertson was considered to be a pedestrian, and pedestrians are entitled to basic reparations benefits.

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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.

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wrecked vehicleMany people think of “car insurance” as something you either have or don’t have. When a claim arises, these folks can be very surprised to learn that there are a multitude of issues outside of parties simply being insured or uninsured.

This is because, at its essence, an insurance policy is a contract that has many different terms, provisions, and exclusions. So it is very important to understand exactly what is – and is not – covered under one’s policy.

As a recent case illustrates, it is also important to discuss your policy with your insurance agent regularly, especially if your household situation changes.

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hand writing in notebookInsurance 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.

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tractor trailerLawsuits arising from 18-wheeler accidents can be very complex. One reason for this is that the tractor and trailer may be owned by or insured by different entities. This greatly complicates the path to recovery of a fair settlement or judgment for a person injured in a semi-truck wreck.

In a recent case, a rather unique issue arose. The owner of a certain tractor-trailer requested liability insurance on both the tractor and the trailer, but the insurance agent accidentally left the tractor off of the list of the trucking company’s vehicles when she sent the application to the insurance company.

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Most people who own an automobile know that it is important to obtain a copy of the insurance policy. However, many consumers do not fully understand all of the different options that may be available to them, much less the many limitations and exclusions contained in a typical policy.

When an accident happens, a misinformed consumer can be extremely surprised and disappointed to find out what exactly is and, perhaps more importantly, is not covered, especially after years of faithfully paying monthly premiums to the insurance company.

As the plaintiff in a recent insurance dispute lawsuit found out, just a few words in an insurance policy can make a tremendous difference in the insurance company’s responsibility to pay out certain benefits in the event of an accident.

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man holding calculatorEveryone would agree that being seriously injured in a motor vehicle accident and having no insurance for damages, such as medical expenses, lost wages, and pain and suffering, is a bad thing. Uninsured motorist insurance can be very beneficial in such situations.

However, you may be surprised to learn is that simply having uninsured motorist coverage does not ensure a quick and easy payout of benefits to the injured party. To the contrary, as the circumstances presented in the recent case of Countryway Insurance Company v. United Financial Casualty Insurance Company illustrate, an injured person sometimes has to battle for the benefits to which he or she is entitled.

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