How To Recover Your Lost Wages From A Kentucky Accident.

Posted on May 11, 2009 by Edward A. Brutscher
Recovering Your Lost Wages

Recovering Your Lost Wages

If you were injured in an accident and miss work, you are entitled to recover your lost wages.  Your first source of recovery is lost wages paid through PIP.  Unfortunately, the legislature has capped PIP payments for lost wages at $200 a week.  Hardly, sufficient to compensate someone for the likely wages they have lost.  You should know you are entitled to the difference.

You will recover this amount from the party at fault when you make your claim.  For instance, if you miss three weeks of work and earn $400 a week in lost wages, PIP will pay you a total $600 in lost wages.  Your actual wage loss is $1,200.  The difference of $600 is recoverable when you make a claim for “bodily injury.”  This figure should be included in any negotiations with the insurance company. The insurance company that settles your bodily injury claim will also be responsible for paying back the sums paid under PIP.

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What You Should Do If You Are Involved In An Accident

Posted on May 5, 2009 by Edward A. Brutscher

Nobody plans on being in an accident.  However, the fact remains in 2006, there were 2,575,000 people injured in car accidents in the United States.  The chances of you being involved in an accident are far greater then you might think.  Don’t plan on being in an accident.  Plan on being prepared in the event you are.

Here’s what you should do.  Take a deep breath.  Make sure your car’s transmission is placed in park and that the engine is turned off.  Place your hazard lights on.  Check to make sure you are not seriously injured.  If you aren’t, check any passengers who might be.  Before exiting your vehicle make sure it is safe.  If it isn’t safe, don’t exit.  If you have a cell phone, call and report the accident to the police.  If traffic remains heavy or you’re in a dangerous position, wait until the police arrive to exit your car.

If it’s safe, exit your car and check on the driver and passenger of the other car.  If nobody is injured and the cars are obstructing traffic, move them out of the roadway and into a safe position.  If  someone is injured do not move the person or the car.  If necessary mark the roadway with flares or cones.

If the accident involves injuries or if the property damage is in excess of $500.00, a report will need to be taken.  You should call the Kentucky State Police or other law enforcement agency to investigate.  If the accident is minor and the property damage is less then $500.00, you will not need to call the police.  However, you should fill out a civilian traffic report.  You can get one here.

Whether or not the police take a report, it is wise to get the name, address, and telephone number of the driver, all passengers, and any independent witnesses.  Driver’s license and license plate numbers are also helpful.  Also, take down any insurance information the other driver might have.  Make note of any road, weather, or other conditions that might have contributed to the accident.  You might want to look at the Kentucky State Police Civilian Traffic Report for additional information that might be needed.

If emergency personnel do come to the scene, have them check on you  even if you don’t think you are injured.  It is better to be safe.  If you leave the scene and later develop pain or muscle soreness, call your doctor or visit the emergency room.  It is not uncommon for injuries such as whiplash to develop much later.

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Do You Have To Insure Your Moped Or Scooter?

Posted on April 27, 2009 by Edward A. Brutscher

When gas prices hit an all time high last summer, many people purchased a moped or scooter for transportation. Scooters have since become ubiquitous. With the recent explosion in popularity has also come a larger variety of styles and models.  Scooters are now bigger and faster than ever before.  If you own a moped or scooter or are thinking of buying one, you should know whether or not your moped or scooter needs to be insured.  If you fail to insure your moped and you are injured you might not be entitled to certain compensation and you might be subjected to criminal penalties as well.

Motorcycles are specifically exempted from Kentucky’s no fault reparations scheme.  Is you moped also exempted?  Well, it depends.  Kentucky law provides for the payment of certain PIP benefits if you are injured while operating a motor vehicle.  However, Kentucky law excludes mopeds from this definition. Kentucky courts have interpreted this to mean that since mopeds are not motor vehicles, the occupants injured while riding the moped are pedestrians.  Pedestrians are entitled to PIP benefits from the car that hit them. This is true whether they are at fault or not.

However, the definition of moped does not include every type of scooter or moped.  The statute specifically defines moped as a certain type of motorized bicycle that has no larger than a 50cc engine and capable of traveling no faster than 30mph.  This definition includes only the smallest of the mopeds seen on the road today.  75cc or higher motorized scooters that travel above 30mph do not fit this definition.  They are therefore considered motorcycles not mopeds.  If you are in an accident while using one of these “motorcycles” you would not be entitled to $10,000 in  PIP, unless you purchased it as optional benefits.  You would also be uninsured and responsible personally and legally for any damages you caused.

If you own or operate a scooter or moped that has an engine larger than 50cc, shifts gears, or travels faster than 30 mph you are operating a motorcyle, not a moped.  You are required to have that vehicle insured.  Other laws pertaining to motorcycles may also apply.  You should consider purchasing optional PIP benefits. Otherwise you or your family member might not be protected in the event of an accident.

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Motorcycle Accident Victims Not Guaranteed PIP Benefits

Posted on April 23, 2009 by Edward A. Brutscher

Much has been discussed about PIP benefits in Kentucky for accident victims.  However, motorcyclists should know that Kentucky law specifically excludes motorcyclists from recovering PIP benefits unless they purchase these as optional benefits.  So, while car drivers in Kentucky are protected by a minimum $10,000.00 in coverage motorcyclists are not, unless they specifically pay for that coverage.  As you can imagine the coverage for motorcyclists is more expensive given the increased chance of injury.

However, just because a motorcyclist does not have PIP benefits does not mean that he cannot make a claim if he is injured in an accident due to someone’s fault.  A claim can, and if serious enough, should be made.  An experienced accident lawyer can then work to help reduce the amount paid to cover medical expenses, including the first $10,000.00 not covered by PIP.

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Injured in a Car Accident? Do You need an Accident Attorney?

Posted on April 20, 2009 by Edward A. Brutscher

Many people have asked whether they should hire an attorney if they have been injured in a car, motorcycle, or truck accident.  This concern is usually followed by, “how much will it cost?”  Today’s article will discuss some issues to consider in deciding if you need an accident attorney to handle your injury claim.

There are many facts to consider before you hire an attorney.  The first issue you must decide is whether you need an attorney at all.  Don’t think just because you’ve been a victim in a car accident or that many attorneys advertise for these cases, that you must have an attorney before filing an injury claim.  If you suffered only minor injuries, little or no lost wages, and only minor medical bills, you most likely do not need an attorney at all.  You can file a claim for the pain, suffering, and inconvenience you experienced as a result of the accident.  In this case your medical expenses and lost wages will most likely be paid from the PIP coverage you have available.  You can negotiate your settlement with an insurance adjuster without hiring an attorney.  Often these settlements are low enough that they do not warrant the hiring of an attorney.

However, if you sustained a serious or disabling injury, have lost significant work or can’t work at all, or have outstanding medical bills and require future treatment, then you should consider hiring an attorney to represent you.  At this point, several new concerns come into play.  You may need a skilled attorney to explain your options and see that your interests are protected, during any claim negotiations. The insurance adjuster will not look out for your interests or make sure your settlement is fair.

Many injured victims worry about the cost of hiring an accident attorney.  Most car accident attorneys will work on a “contingency fee” agreement.  This means that their fee will be “contingent” on the injured victim recovering for their injuries.  No recovery means no fee is paid.  Usually, a car accident attorney will take a percentage of any recovery you get in exchange for no payment up front and for bearing the risk if you don’t get a recovery.  The percentage will vary from attorney to attorney and may also be based on the length and complexity of the case.

Perhaps more important than determining if you need an attorney is determining which one to hire once a decision has been made.  We will discuss the qualities you might want to consider in an attorney in our next article.  Please check back for; “What to Look for in a Car, Motorcycle, or Truck Accident Attorney.”

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Accidents Involving 16-19 Year Olds Higher Than For Any Other Age Group

Posted on April 13, 2009 by Edward A. Brutscher

Accidents involving teen drivers cost more than $34 billion in ’06.  That’s billion, with a “B”.  According to the Insurance Institute for Highway Safety, crashes are higher for the 16-19 year old age group than for any other.  This massive figure includes $9.8 billion related to fatal crashes. Unfortunately, car crashes are the leading cause of death among teens, accounting for 36 percent, according to the Center for Disease Control. Fortunately, there is much that can be done to reduce and even prevent these tragic results.  According to AAA, graduated driver’s licensing programs (GDL) have a significant reduction in teen crashes and deaths. Every state has some form of GDL, including Kentucky. There is also much that parents can do.  For example, limit driving to purposeful trips with a anticipated start and finish. Parents can also limit teen driving at night, in bad weather, and during rush hour.

Driving is a right of passage for any teen.  Talk frequently with your teen about the responsibilities associated with driving.  Insure that your teen has the proper amount of time and instruction operating a vehicle with a parent or other licensed adult present.  Don’t assume just because your teen has passed his state mandated driver’s exam that he or she is ready, willing or able to assume a position behind the wheel.  The good news is the risk involved appears to decline as your child ages.  The risk for accidents is twice as high for 16 year olds as it is for 18 or 19 year olds.  While no amount of care can prevent all accidents, with time and proper preparation you can reduce the chance that your teen will be involved in an accident, and especially those involving a fatality.

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