Feb 11, 2020
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.