Uninsured Motorist Coverage, Why You Must Have It.

Posted on November 7, 2019 by Edward A. Brutscher
Mr. Empty Pockets

Take a good look at Mr. Empty Pockets. He doesn’t have money to buy insurance for his car. That doesn’t stop Mr. Empty Pockets from driving, however. He drives his car all over town without a care in the world. Even though it is illegal for Mr. Empty Pockets to drive his car without insurance, he doesn’t have money for insurance, so he drives anyway. No big deal right?

Well, Mr. Empty Pockets doesn’t let a little thing like the law keep him from driving. And, why should he worry? Mr. Empty Pockets sounds like a very responsible and law abiding citizen. Guess what happens when Mr. Empty Pockets causes an accident and hurts someone? He doesn’t have any money or insurance to pay for the damages he caused.

If your car isn’t insured with full collision coverage, you are left with paying for the property repairs or purchasing a newer car if the damage is total. If you do not have Uninsured Motorists Coverage and you are injured, you are left paying for your damages out of your own pocket. Excess medical expenses above $10,000, lost wages, and any pain and suffering you endure are all borne by you and not Mr. Empty Pockets.

Can you sue Mr. Empty Pockets to recover the amounts you are owed? Of course you can. However, Mr. Empty Pockets doesn’t have money for insurance. It is highly unlikely that he has money to pay you out of his empty pockets. If your damages are high, his ability to pay you is even less likely. Without Uninsured Motorists Coverage you bear the full brunt of Mr. Empty Pockets decision to drive without insurance.

Uninsured Motorists Coverage is mandatory in Kentucky. It must be offered by any insurance company doing business in Kentucky. You can decline the coverage if you chose, but it must be signed by you in writing. Don’t reject this coverage. Often, in order to reduce monthly premiums, insurance agents will advise you to decline this coverage, saving you some money on your premiums. Don’t reject this coverage. The amounts that you save on insurance premiums are nothing compared to the damages you are likely to incur when hit by an uninsured driver.

Uninsured Motorists Coverage is insurance you purchase for yourself to protect you from irresponsible and law breaking jerks like Mr. Empty Pockets. You can’t force Mr. Empty Pockets to follow the law or buy insurance, but you can make sure that you are protected from jerks like Mr. Empty Pockets. Never reject Uninsured Motorists Coverage. If you have rejected it in the past, contact your local agent and request it be added to the policy. It’s piece of mind against expensive and harmful damages caused by jerks like Mr. Empty Pockets.

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Video Of Car Being Pulled From Pool Deck

Posted on August 8, 2019 by Edward A. Brutscher

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

Posted on August 7, 2019 by Edward A. Brutscher

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

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THE UPSIDE DOWN

Posted on August 5, 2019 by Edward A. Brutscher

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?

Posted on July 9, 2019 by Edward A. Brutscher

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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You’re Getting Sued, Now What?

Posted on June 25, 2019 by Edward A. Brutscher
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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