Video Of Car Being Pulled From Pool Deck

What goes down, must come up!

Someone was in too big of a hurry to get to the pool. The car jumped the concrete curb stop and went through the fence and over the wall. Fortunately, no one was injured and the car was safely removed.

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Car Crashes Onto Pool Deck

Photos of an SUV after it crashed onto a Pool Deck.

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THE UPSIDE DOWN

It Can Be A Scary Place To Find Yourself After An Accident.

Most people recognize The Upside Down as the alternate Universe in Netflix’s hit series Stranger Things. However, in the world of car accidents it’s an actual place you can find yourself, and it’s equally as scary.

Upside down refers to financing associated with car loans. Generally speaking you are upside down on a car loan if you owe more money than the car is worth. After an accident, a person can find themselves upside down when they try to recover their property damage. In Kentucky, the compensation one receives for their property damage is the “fair market value.” Fair market value is the value that a willing buyer would pay to a willing seller to purchase the vehicle. This fair market value is often determined by manuals that assess the pros and cons of the overall vehicle value. NADA and Kelley Blue Book are two common assessors of fair market value.

Unfortunately, cars depreciate easily and the amount you owe on a loan can be significantly more than the car’s fair market value. When this occurs the money you would normally get to replace your car is paid to the financing company; however the money is not enough to pay off the loan, and you still owe. You are now in the Upside Down. You will still have to pay the financing company the amount due on the loan even though you no longer have the car.

This can place a double burden on the car accident victim. First, they no longer have their car for transportation. This can interfere with their ability to work and make money. Second, they do not have any money to replace the car but are still making a car payment. Such a result can easily escalate an already difficult financial situation for the victim, who is least able to afford it. Individuals who find themselves in the Upside Down often have poorer credit and a lower initial down payment. They are the persons least able to escape the Upside Down.

Fortunately, there are steps you can take to prevent ending up in the Upside Down. Perhaps one of the best and well known is Gap Insurance. This is an insurance payment, usually added to your monthly car payment, that will cover the gap between your car’s value and what you owe in the event of a car accident. This insurance protects you from ending up in the Upside Down.

Debt.org has a great article on upside down car loans and steps you can take to limit their long term financial impact, here. The last place you want to find yourself in is the Upside Down after a car accident that has left you injured and in a far worse situation then when you started. It’s a scary place.

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What Is Meant By Kentucky No Fault?

Kentucky is a “no fault” state. Many people injured in accidents have been mistakenly told that if “no fault” is determined, then they don’t have an injury claim. This is not the case. In Kentucky fault is based on percentages. Each party is entitled to recover their damages for the other person’s fault up to 100%. For instance, if I am 35% at fault for causing an accident, I am still entitled to recover 65% of my total damages.

So what is meant by “no fault”? In Kentucky, injured persons give up the right to sue the other person for their first $10,000.00 in economic damages, in exchange for receiving $10,000.00 in insurance benefits (PIP benefits). The term “no fault” means “no fault” is considered in the award of these benefits.  Even if a person is 100% responsible for a car accident, they are still entitled to PIP benefits if they were injured in a car accident and have insurance coverage.

The belief is that if an injured person’s medical expenses and lost wages (up to $10,000) are paid, they won’t be forced to file a lawsuit to recover those damages from the other person. This is supposed to lead to less fights over “fault” and actually result in the prompt payment of these damages.

Unfortunately, Kentucky’s “no fault” procedure is a statutory scheme that can be quite complicated. Avoid basing decisions regarding your potential claim on the statements of police officers, medical personnel, insurance adjusters, relatives or friends. You may need the services of a licensed attorney if there is an issue regarding fault for your accident or if your PIP benefits or bodily injury claim has been reduced or denied due to “fault”.

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Fireworks Safety

Fireworks Celebration

Independence Day is right around the corner. It’s a time for celebrating our country’s independence with burgers and dogs, ice cream, games and, of course, fireworks. Children and adults love fireworks, and they can certainly add a “wow” factor to any celebration. However, it’s important to remember that fireworks are explosives, and explosives can be dangerous. Almost all of these fireworks are made in foreign countries and they may not have the same safety standards that you find in the United States.

Many states do not outlaw fireworks, and these fireworks can be nothing short of small mortars capable of causing severe injury or death. As for states that do outlaw fireworks, smaller less explosive fireworks are still available. These fireworks emit sparks of flame that can cause burns and even blindness.

What about snakes and sparklers. Harmless, right? While perhaps not as dangerous as the more explosive fireworks, sparklers and other incendiaries burn at about 2,000 degrees, which is hot enough to melt metal. Often these snakes or sparklers are left or thrown on the grown when finished. Most of us are old enough to remember stepping on a discarded sparkler thrown in the grass after dark. It was never a pleasant experience.

Fireworks can add to the fun of celebrating Independence Day. If you chose to use fireworks, please make sure to exercise proper precautions and safety. Nothing can ruin a fun celebration faster then a trip to the emergency room. For more information on the dangers of fireworks and safety measure to protect you and your guests, please visit the Consumer Product Safety Commission, here. Have a fun and safe Independence Day.

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You’re Getting Sued, Now What?

Congratulations, you’re getting sued.

You recently received a package from the court by certified mail, or worse, delivered by the Sheriff. You open the package to discover it is a court issued summons identifying you as a party in a lawsuit. The summons says you have 20 days to respond. Congratulations, you’re getting sued, now what?

The most important thing is don’t ignore the summons. Ignoring a summons can result in huge penalties in court. While no one likes to get sued, ignoring the situation will only make it worse.

A civil summons is a document that puts a party on notice that a lawsuit has been filed against them. Included with the summons is the initial complaint. You should read the entire complaint that came with the lawsuit. The complaint sets out the claim and relief sought by the party filing the lawsuit. You should then seek the appropriate attorney who handles the type of lawsuit in the compliant. Time is important. Any delay can hurt your case.

If the complaint is for damages in a motor vehicle accident, you should contact your insurance company immediately. You have a duty to notify them under the insurance contract. Once notified, the insurance company has a duty to hire a lawyer to represent you under the insurance contract.

In most other cases, even though you might have to pay for a lawyer, it is usually wise to retain a lawyer or at the very least consult one. Many consultations are free and are usually helpful. If you can’t afford a lawyer, reach out to nonprofit organizations or your county or state bar association for programs that provide free or reduced legal representation.

Thinking about representing yourself? Don’t. Let me repeat, don’t. Lawyers are required to be licensed after extensive education, testing, venting, and training. In order to represent clients in court, a lawyer must have a firm knowledge of countless rules and procedures. Even some lawyers and judges can have difficulty understanding these rules.

I recently witnessed two cases in court where the parties tried to represent themselves with equally disastrous results. Even though the first party had managed to file a response to the initial complaint, she had failed to comply with timelines set forth by the rules. She was being compelled to respond in 7 days by the Judge, who was not happy. When the hearing was over, you could tell she was still unsure about what she should do to comply with the Judge’s order.

In the second case, the party failed to respond within 20 days and was facing a default judgment. A default judgment is a judgment against a party that is entered for their failure to respond to the summons and complaint within 20 days. Once entered the party can no longer defend themselves against the allegations in the lawsuit and may face damages, court costs or attorneys fees from the other party. The court gave the second party some additional time to provide a reason why a response wasn’t filed. If one wasn’t, she would enter the default judgment. Unfortunately, none of the responses given in court would prevent the judge from entering it.

It is very difficult for a lawyer who is hired too late in a case, to change the current bad situation. Even if they can, you will likely pay more attorney fees in getting a bad situation undone, then you would have paid hiring an attorney immediately. If your case involves an insurance company, failure to act immediately may prejudice your insurance company, who might have defenses to the duties set forth in the contract.

There is an old saying among lawyers; “He who represents himself in court has a fool for a client.” You’re getting sued, now what? Well, start by not being a fool.

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Does The Boat You’re Riding In Have Insurance?

Does Your Boat Have Insurance?

Does Your Boat Have Insurance?

UPDATE:  We always like to update and repost this article during the summer months.

During the summer months the chances that someone will be injured in a boating accident are very likely.  Unlike cars, boat operators are not required in Kentucky to have an operating license or driver education.  This increases the chances that an operator of a boat will be involved in an accident, whether or not it’s his fault.

Thousands of boats take to the lakes and rivers of Kentucky each year without insurance.  Did you know that if you’re injured in a boat accident you might not be entitled to recover your lost wages, medical expenses, disability, or pain and suffering?  Unlike car insurance that is mandatory, boat insurance is purely optional.  Chances are you could be riding on an uninsured boat or injured by one.  If you are not the owner, you should ask the owner if the boat is insured.  If you are the owner, operating a boat without insurance isn’t worth the risk.  If you injure someone on your boat, you could be liable for damages.

Like cars, boat insurance is available.  If you are considering buying boat insurance, make sure that it includes liability coverage to protect you in the event that you injure your passengers or people riding on another boat.  It should also include medical payments coverage to pay medical expenses incurred by those injured on your boat that is not involved in an accident.  You may also wish to purchase uninsured watercraft coverage if you or your passengers are injured by another boat that does not carry insurance.

Unfortunately, this uninsured watercraft coverage is optional and must be purchased in addition to the coverages mentioned earlier.  However, many insurance policies offer discounts similar to car insurance for experienced boaters or those who have taken operation classes.

If you own a boat or plan on riding one this summer, make sure it has insurance in case of a boating accident.  If it does, make sure it has the optional uninsured watercraft coverage in the event the accident is caused by an uninsured boat owner or operator.  Given the speed and the lack of safety restraints or features, injures suffered in boating accidents can be catastrophic and even result in death.  Don’t take chances.  Make sure your boat is insured.

For more information on boater safety, visit the boater education website BOATED.

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New Stuff

Under Maintenance

We are pleased to announce that we have safely moved our prior site to our more secure server. You will notice a green padlock in the address bar. We assure you that our site is now secure and any information it may contain in the form of comments or submissions is entirely safe. We would have done this sooner if we hadn’t experienced the past hacking problems.

You will notice a new look. Our theme, which we have used since 2009, is no longer compatible with the newer security requirements. We will be moving to a newer more exciting theme in the future. However, we will continue to post helpful information on your Kentucky Accident. The look might change, but the information remains the same. We are once again excited to offer content our readers find helpful and useful.

You will also notice a new look to posts. A lot has changed in 10 years. With the recent updates to WordPress, we hope to post more vibrant and visual information. We hope you’ll continue to read. We thank you for your patience this past few months.

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Our Website is Back Up.

After several months, several efforts, and a ton of time we were finally able to get our website back up and functional after a recent hack. This hack left our website outdated and vulnerable and it has suffered in loss of views, loss of content, and loss of relevancy.

Unfortunately, we were not able to restore all the content that we have created over the past 10 years. We will continue attempts to update the site with prior posts and content, but some of the content will never be restored.

We apologize for the recent issues but hope you will continue to visit the site, which was the source of such helpful information over the years. We look forward to helping individuals who have questions about their accident and injury case and in providing them a valuable source of information.

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Website Issues

We apologize for the status of the website lately.  We have been trying to correct some issues related to a hacking event that occurred recently.  Please bear with us, as we attempt to get back lost information and get the site back to running correctly.

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