Doing Battle With Insurance Companies After an Accident

Louisville, KY Insurance Litigation Attorneys - Gladstein LawNo one wakes up in the morning anticipating that they will get into an auto accident, but sadly, it happens every day. According to the Kentucky Traffic Collision Facts Report, there were over 151,000 accidents reported in 2014, and the numbers are on the rise.

Aside from dealing with the injuries and pain, which can be substantial, your next hurdle is making an insurance claim for your injuries and property damage. Whether you’re making a claim to your insurance company, or a third party insurance company, there are a few things you need to know about your rights with regard to insurance companies.

Kentucky Insurance “Bad Faith”

If someone injures you in an automobile accident, the insurance company of the person responsible is generally obligated to pay your claim. Under the Kentucky Unfair Claims Settlement Practices Act, insurance companies must comply with a number of requirements when dealing with insurance claims. Among those requirements, a few stand out as common in dealing with insurance claims after an auto accident. When dealing with insurance companies, keep the following in mind.

Top 5 Kentucky Bad Faith Issues

  • Insurance Companies May Not Misrepresent Pertinent Facts or Policy Provisions

Under the UCSPA, insurance companies may not lie to you or misrepresent facts about the policy at issue. This means that they cannot tell you that something is not covered, when in fact, it is.

  • Insurance Companies Must Promptly Acknowledge and Respond to Claims

When you submit a claim to an insurance company, they are required to acknowledge receipt of the claim and respond in a reasonably timely manner. This is a common tactic among insurance companies to repeatedly delay response, in the hopes that the statute of limitations on a legal claim will expire.

  • Insurance Companies Must Promptly Investigate Claims

Insurance companies are required to adopt reasonable standards for the prompt investigation of claims. Insurance companies are famous for avoiding this requirement, again, in the hopes that the statute of limitations will run out on filing a claim with the courts.

  • Insurance Companies Must Conduct a Reasonable Investigation

Refusing to pay a claim after a substandard investigation is prohibited under the Act. It is the responsibility of the insurance company to make a good faith effort to obtain the necessary information and conduct a reasonable investigation based on all of the available facts.

  1. Insurance Companies Must Not Require a Lawsuit to Recover a Fair Settlement

This is another standard procedure for insurance companies. You file your claim, they investigate and offer you a meager sum as compensation in the hopes that you will go away. This happens every day, usually close to the limitations date for a court action. At this point, most car accident victims obtain a lawyer to help them fight the insurance companies.

If you have been trying without success to obtain a fair settlement from an insurance company after an auto accident, do yourself a favor and contact an experienced personal injury attorney who is also competent in the area of bad faith insurance litigation. Seth Gladstein is a Kentucky personal injury attorney who understands bad faith and is committed to fighting for your rights. Contact Gladstein Law Firm, PLLC today for a free case evaluation by scheduling online or calling 800-991-0474.

Understanding Kentucky’s Uninsured/Underinsured Insurance

uninsured motoristThe state of Kentucky requires that all drivers carry bodily injury insurance coverage of at least $25,000 per person as part of their automobile insurance policies. While Kentucky legislature has become much more strict about enforcing these insurance requirements, the Insurance Research Council (IRC) estimates that 29.7 million drivers in the United States don’t carry insurance, making uninsured motorists a significant ongoing problem. Medical bills can quickly add up for those people who are involved in accidents with uninsured or underinsured motorists, so it is important to know what your options are if you find yourself face to face with one of these drivers.

Uninsured/Underinsured Bodily Injury Insurance

If you take a glance at your auto insurance policy, chances are you will see the coverage options “Uninsured Motorist Bodily Injury” and “Underinsured Motorist Bodily Injury” listed on your policy paperwork. The state of Kentucky requires that insurance carriers include these options unless policyholders specifically request to decline them. In addition to Personal Injury Protection, these auto policy options are designed to give you some coverage if you are involved in an accident with someone who doesn’t have enough insurance to cover you and your passengers’ medical bills incurred because of injuries sustained in the collision. Unfortunately, these coverage amounts oftentimes are not enough to cover all of your bills if you are seriously injured.

Even if your insurance does cover all of your short-term medical bills, you may be able to hold the other driver responsible for some of your additional expenses. Once you calculate the long-lasting effects that a serious injury can have, including pain and suffering, inability to work and long-term physical therapy, your costs can skyrocket as a result of your accident, and you may be able to hold that other driver accountable.

Accidents with Uninsured or Underinsured Motorists

If you are in an accident with someone who doesn’t have insurance coverage, or who doesn’t carry enough insurance to cover all of your medical bills in full, you have a few options available to you instead of simply paying those bills out of your own pocket.

First, you may want to contact your insurance companies. Your health insurance company, auto insurance company, or even your home insurance provider might help cover some of the medical bills for you and your passengers.

Another phone call you can make is to the banks where you hold credit cards. Some credit cards have perks that cover medical expenses in the event of an accident, especially if you are driving a rental vehicle or traveling on your card’s credit line.

Getting Help

If you want help deciding who to contact, or would like to find out if you can hold the uninsured or underinsured driver responsible for any financial hardship you go through because of an accident, Gladstein Law Firm, PLLC is here to help. Please give us a call at 1-800-991-0474, or get in touch with us through our online contact form and we will contact you to discuss your situation.

Understanding Kentucky’s No-Fault Insurance Laws

In order to drive a car on the public roads of Kentucky, a driver needs insurance. He or she also needs to find out information about the state’s no-fault insurance. A no-fault state is one in which auto insurance takes care of expenses that are the result of an accident, such as medical bills, lost wages, etc., regardless of who caused the accident.

Kentucky no-fault insurance coverage is required to be part of every driver’s insurance, whether a person selects to have full coverage or just buys the minimum amount of insurance that is required by the state.

Since July 1, 1975, Kentucky drivers have been required to have no-fault insurance as prescribed by law. This law is designed to make sure that anyone who is in an auto accident receives insurance benefits as soon as possible. Any Individual in an auto accident is eligible to receive payments for medical care for injuries and rehabilitation. The person is also eligible to lost wages if he or she is unable to work due to those injuries up to a specific period of time spelled out in the policy.

Coverage

Also known as a PIP or personal injury protection insurance, no-fault insurance pays for any medical treatment and some lost wages. Medical expenses can cover a broad spectrum of treatment. If someone is involved in an automobile accident and he or she requires hospitalization, the cost will be paid for by his or her no-fault insurance. Any necessary prescription medication costs are normally covered also, as well as expenses for physical therapy or medical equipment. The injured individual may need follow-up medical appointments or visits to a physical therapy clinic, and travel mileage to and from these appointments will be paid. It may be necessary for some of these costs to be paid up front and then let the insurance company reimburse the individual.

Any damages sustained by the person’s vehicle in an accident are not covered under Kentucky’s no-fault insurance. Comprehensive, collision, and property damage insurance is needed if the vehicle owner wants these costs covered. A person will need to select a full coverage insurance policy that includes no-fault insurance if he or she decides this type of coverage is needed.

Necessary Coverage

Kentucky requires all drivers to have a certain amount of no-fault insurance. According to state law, the lowest amount of liability insurance each driver is required to have is $25,000/$50,000, which pays for injuries from an accident. Drivers are also required to have $10,000 in property damage insurance. A single limit policy is acceptable as long as the driver has a minimum of $60,000 in coverage. All drivers must have at least $10,000 in no-fault personal injury insurance coverage, according to the Kentucky Driver’s Manual.

Contact Us

If you or a loved one has been injured from a car accident due to negligence, you will need to consult with a personal injury attorney that will be able to help you. For a free consultation, call Gladstein Law Firm. We will help you fight for compensation for your injuries and provide support to you with the help of our team of knowledgeable, experienced team. Call us today at 502-855-4177.

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