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Friday, May 27, 2016

What Can I Do to Stay Safe During My Summer Road Trip

As a car accident lawyer, I work with most of my clients after they have been in a car accident. At that point in time, I am focused on how to protect their legal rights. However, protecting yourself before hitting the road is always better. Since many people are in more than one car wreck in their lifetime, this is information everyone should know.

What can I do to make my car safer to drive?

Put simply, you should take your car in for maintenance as recommended by the manufacturer, have the oil changed before you go on long trips, make sure all of the fluids are topped off, fill up the gas tank, and ensure that the proper amount of air is in all four tires. You will also want to have a spare tire, flares, and an emergency kit if you are planning on driving very far. Making sure your car is in tip-top shape is one of the best ways to stay safe on the road because it ensures that the car will respond to your driving.

Am I more likely to be hit by a drunk driver in the summer?

Not necessarily. The time of day and where you are driving will play a role in the likelihood of your being hit by someone who is driving while intoxicated. However, if you are taking a trip outside of Kentucky, you should be aware that each state has its own statistics. For example, according to the Insurance Institute for Highway Safety (IIHS), the average percentage of drivers killed in a crash with a blood alcohol content (BAC) level above the legal limit is 26 percent. In Montana, that percentage is 49 percent. If you do research before you go, you may be able to avoid potentially dangerous situations by avoiding roads known to be more dangerous and by being extra diligent in states known to have a high occurrence of drunk driving.

Does my insurance cover me out of state?

Yes, it does. If you move out of state, you need to notify your insurance company as they may no longer be able to insure you. However, if you are simply going on a road trip, your insurance coverage will remain in place. If you are having difficulty with your insurance company processing an accident claim, call me and I will take a look at the issue for you (http://ift.tt/1Se3wOU).

Does everyone really need to be buckled up for the entire trip?

I know it is tempting to unbuckle when you are going for a long drive, but according to the IIHS, 57 percent of those killed in Kentucky car wrecks were not wearing a seat belt. This is not a risk that you or your passengers should take, regardless of whether you are heading to the grocery store or to the beach.

What do I do if I am in an accident while out of state?

The answer to this question can be fairly complex because as a Kentucky driver, you have Personal Injury Protection (PIP) insurance on your policy and are first supposed to file a claim with your own insurance company. As a car accident lawyer, I can review what happened and then make a recommendation regarding where you should file and how you should file your claim (http://ift.tt/1TGKjGO). Just remember that you need to do this right away and before the statute of limitations runs out.

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Thursday, May 26, 2016

Should I File an Insurance Claim or Just Work It Out with the Other Driver

Getting into a car accident has both physical and financial implications. As a car accident lawyer, I speak with many clients who are unsure of how they want to handle their claims because they are worried about things like their insurance premiums going up. With that in mind, here are answers to a few of the questions I am regularly asked about whether drivers should file claims with their insurance companies.

The other driver was nice, so should I just deal with them directly?

That depends on several factors, including the following:

Were either you or the other driver injured? If so, you should not work with the other driver to settle the claim without the insurance companies. You should work through the normal process instead.
How much damage was done to your vehicles? If it was more than $500, you will need to file an accident report with the Kentucky State Police (KSP) anyway, so your insurance company will become aware of the accident eventually. This means the only real accidents you can handle outside of the traditional process are accidents such as a small parking lot bump with just a scratch or two. But even a minor fender-bender is likely to have more than $500 in damage to one or both of your vehicles.

What is the downside to dealing with the other driver directly?

As mentioned, if you have more than $500 in damage, the KSP will need to file an accident report, so your insurance company will be alerted in this scenario anyway. At that point, trying to pay for damages out of your own pocket or asking the other driver to send you a check for the repairs is both risky and puts you at a disadvantage. What if your medical bills are higher than you anticipated, or what if the other driver decides not to pay? Are you willing to take that risk?

Will my insurance premium go up if I file a claim?

Not necessarily. If you were not at fault for the accident, your insurance rates may not change at all. Whether they do will depend on the type of accident you were in, if you were to blame, and the insurance company you have. If this is a serious concern for you, I recommend that you call your insurance company and find out before you ever even get into an accident. You may be able to shop around and go with a carrier that has either a rate guarantee or accident forgiveness.

Is my insurance company going to pay for my damages or the other driver’s?

In Kentucky, each driver is required to have Personal Injury Protection (PIP) insurance. This insurance is supposed to pay for your medical bills, lost wages, and any damage to your vehicle after an accident. In most cases, your insurance policy will pay regardless of who was at fault for the wreck. However, if the damages were $1,000 or more, you have an opportunity to file a lawsuit against the other driver and his or her insurance company. This is not something you want to do without the help of an experienced attorney, so if you want to pursue this option, call and schedule a consultation with my office (http://ift.tt/1TGKjGO).

If I start by working with the other driver and later change my mind, what do I do?

As a car accident lawyer, I recommend that you handle the situation correctly from the beginning. Call the KSP, file an accident report, exchange information, go to the ER, call your insurance, and call an attorney. Doing so will ensure that all your options for recourse are available to you. Otherwise, you could run the risk of running into the statute of limitations or having doubt shed on the validity of your claim due to your failure to either file a report or notify the insurance company. Dealing with the other driver directly is a risky move.

Do I have to pay to speak with a car accident lawyer?

Not if you call my firm. Consultations are free (http://ift.tt/1Se3wOU).

Have you or someone you know ever tried to handle an accident without involving an insurance company? What was the outcome?

Related Links:

Car Accident Lawyer Louisville, Kentucky

Dangerous Road Lawyer Kentucky

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Road Construction Accident Lawyer Kentucky

The post Should I File an Insurance Claim or Just Work It Out with the Other Driver appeared first on Harville Law Offices.

Wednesday, May 25, 2016

Do I Have to Settle with the Insurance Company

If you have been in a wreck and are dealing with your insurance company, you may or may not be getting a fair settlement offer. Unfortunately, most people don’t have enough experience to really know if they are being treated fairly, and this is where working with an attorney can be incredibly beneficial. If you have any questions, you can call my office, but in the meantime, here are answers to a few of the questions I hear on a regular basis:

Do I have to file a claim with my insurance company or with the other driver’s?

In Kentucky, you need to file a claim with yours, since everyone in the state is required to carry Personal Injury Protection (PIP) insurance. This is where your claim process begins, and they are supposed to pay for your medical bills, any damage to your car, and lost wages due to the accident.

My insurance company said they are not going to pay any more, but I still need medical care. What do I do?

In this case, you are probably going to have to file a lawsuit. It is critical that you do so right away. In Kentucky, you have only one year within to file a claim for personal injury, so if you are anywhere near this deadline, you need to call an attorney and file a lawsuit immediately. Otherwise, you will lose your opportunity to do so. Unfortunately, the insurance company may try to draw out the negotiation process for as long as possible because once they pass the one-year mark, they are negotiating without the threat of a lawsuit, which is in their best interest but not in yours.

The insurance company doesn’t want to pay for my lost wages. What do I do?

Again, you may need to file a lawsuit. If you lost time from work or have suffered such an injury as to prevent you from working in the same capacity, you have the right to seek compensation for your current and future lost wages. The challenge is that your PIP insurance has set limits, and those limits are often not enough to pay for your true losses. In this case, your only option would be to file a lawsuit within the first year (http://ift.tt/1TGKjGO).

When will I need to decide whether to take the insurance company’s offer?

There are a few things you should consider. First, you may not know what your medical care is going to cost right away. You may have injuries that go away after a month, or you may require long-term care or physical therapy. You don’t want to settle before you know the answer to this. Second, you may be unaware of all the treatments needed. For example, if you hurt your back, you may start with physical therapy but you may eventually need surgery. It can take time to find out, and if you settle too soon, you may miss out on the opportunity to have those expenses covered. The same is true for any time you have lost from work. With that in mind, the best way to preserve all your legal and financial options is to call an attorney and file a lawsuit within one year of your accident (http://ift.tt/1Se3wOU). This ensures that your options and your rights are protected.

Can I start off negotiating with the insurance company and then decide to sue?

Yes, but it helps if you do so while working with an attorney. In this way, nothing that happens during the negotiation process could be used to hurt your chances of success during a possible trial later. In fact, I typically start by negotiating and only recommend going to court when necessary.

Did your insurance company give you a lowball offer? Leave a comment and share your experience.

Related Links:

Car Accident Lawyer Louisville, Kentucky

Dangerous Road Lawyer Kentucky

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Road Construction Accident Lawyer Kentucky

The post Do I Have to Settle with the Insurance Company appeared first on Harville Law Offices.

Tuesday, May 24, 2016

Can I Sue the Government for My Car Accident?

It is certainly possible to get into a car wreck and for a government agency then be to blame. Things like roads in disrepair or construction work can and do lead to accidents on a regular basis. If this has happened to you, you may be wondering “Can I sue the government for my car accident?” Here are answers to a few frequently asked questions that can help you understand your options:

I crashed in a construction zone. Whose fault is it?

That really depends on what the cause of the accident was and whether you were following the rules of the road. In a construction zone, for example, you are required to drive slower than the typically posted speed limit. If you were not, you could be blamed for the crash. However, they have a duty to inform drivers that construction work is in progress and to provide warning signs well in advance, thereby allowing drivers to slow down or change lanes. If those warnings were not posted and you crashed as a result, you could have a case. There are many variables that can create a situation where you could sue for damages. To find out what your options are, you should call for a free phone consultation (http://ift.tt/1Se3wOU).

I was hit by a government vehicle. Who do I file a lawsuit against?

If you were hit by someone driving a government vehicle who was actively attending to government business, you could have a case against the agency the driver works for if you can prove negligence. The same would be true if you were hit by anyone driving for any employer. If, however, the employee was allowed to take an official vehicle home and then hit you while off the clock, it is unlikely that the government or employer would have any responsibility for the crash. You should keep in mind that this is always on a case-by-case basis, so I would need to discuss the details with you prior to providing you with direction (http://ift.tt/1TGKjGO).

I swerved off the side of the road because the road conditions were bad. Can I sue?

Potentially. It depends on why the road conditions were bad and if the roads were maintained in compliance with state laws and regulations. If they were maintained as they legally should be but were still not in the best condition, you may not have a case. As a car accident attorney, I can help you find out.

The police were chasing me, and I got into a wreck. Can I sue them?

It is highly unlikely, but that depends on the circumstances surrounding why you were being chased.

I was riding on a public bus that crashed. What are my options for receiving care?

Since Kentucky has laws regarding personal injury protection (PIP) insurance coverage, the owners of vehicles are required to carry PIP insurance to pay for the medical bills that would arise as a result of them or passengers becoming hurt in accidents. The same is true for any public transportation. If you were in a crash while riding on a bus, that agency would then be responsible for paying your medical bills. If they are unwilling to do so or you are concerned that they may not pay enough, your other option is to file a lawsuit.

Is there anything else I should know?

Suing a government agency is entirely possible, but it is not easy. If you think that you have a case against one, your best option is to hire an accident attorney as soon as possible and then start gathering evidence to build a strong case.

Have you gotten into an accident because of something the government did? If so, tell us about it here.

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Related Links:

Car Accident Lawyer Louisville, Kentucky

Dangerous Road Lawyer Kentucky

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Road Construction Accident Lawyer Kentucky

The post Can I Sue the Government for My Car Accident? appeared first on Harville Law Offices.

Tuesday, May 17, 2016

As a Parent, What Should I Do After My Child Is in a Car Crash?

There is nothing quite as frightening as finding out that your child has been in a car crash and wondering what that means. Concerns over their health, safety, and well-being run rampant, and few parents really take the time to think about how to handle the accident from a legal perspective. While this is only natural, once you are certain that your child is all right, it is time to begin dealing with the legal aspects of the case. Here are a few questions and answers to help you through the process:

Should I call the police?

If your child has been in a car wreck, I recommend that you drive there as soon as you can and call the police if the drivers have not done so already. It is critical that you make sure your child gets to the hospital to have any potential injuries checked out by a medical professional as soon as possible.

Will my child get a ticket?

That depends on the state police and how they handle the situation. I will say that if there is more than $500 in damage, the police will need to complete an accident report. In this situation, it is always wise to drive to the accident to check on your child or teen and make sure these details are handled appropriately. While there, the state highway patrol will determine whether anyone should receive a ticket for the accident.

Whose insurance will pay for any injuries?

That depends on whether your child was the driver or the passenger and how severe the injuries are. In Kentucky, every driver is required to have Personal Injury Protection (PIP) insurance, and claims start with your own insurance company. If your child was driving and is on your policy, you would initially file a claim with your carrier. If your child was a passenger, however, the driver’s insurance should cover them, but a claim will still need to be filed. Additionally, if the injuries were severe, you may want to file a lawsuit against the other driver and his or her insurance company.

Can my child file a claim without me, or do I need to do it?

Until children reach the age of eighteen, they are legally considered a minor, and you will need to sign all legal contracts on their behalf. That includes any legal agreements to retain an attorney, file a lawsuit, or settle a case (http://ift.tt/1TGKjGO). In that regard, you will need to be intimately involved in the process as your child is most likely insured by your own insurance policy.

Do I have to file a lawsuit immediately?

As a car accident attorney, I recommend that you hire a lawyer right away and begin to work through the process (http://ift.tt/1Se3wOU). Many people are unaware that in Kentucky, you must file a lawsuit within one year or you will reach the statute of limitations and be unable to file. This can put your child at a severe disadvantage if there are major medical bills to be paid.

Should I bring my child to the consultation?

You can if you like, and it is often helpful since I can then ask your child questions directly. If you were not in the accident yourself, the child will likely be a better source of information unless he or she is extremely young.

Was your child ever in a car wreck? What did you do?

Related Links:

Car Accident Lawyer Louisville, Kentucky

Dangerous Road Lawyer Kentucky

Interstate Accident Lawyer Kentucky

Road Construction Accident Lawyer Kentucky