Kentucky Car Accident Legal Questions

For personal bodily injuries, if the accident happened in Kentucky you would first file a no-fault or Personal Injury Protection "PIP" claim. You would then be able to file a lawsuit within 2 years of the date of the accident or 2 years of the last payment from the PIP claim, whichever is later, but no longer than 4 years. ... Read More

Yes.  Defintely a claim against the box truck driver.     You might have a claim against Mazda for the airbags not depoying, but as a practical matter your injuries would need to be significant to justify the cost of an engineer doing an inspection on the Mazda, which generally runs somewhere between $3,000-$6,000.   Make sure you get medical treatment to get your injuries documented, and consult a personal injury attorney as soon as possible.     ... Read More

The case you describe is not a $25,000 case.  Rather, your mother has a claim for property damage against the driver of the car that hit her car.  She can file an action in District Court -- Small Claims Division -- for the damage.  Hopefully she has pictures of the damage and where the car was parked. Given that this is a property damage claim, I can understand why attorneys would decline to handle the case on a percentage and instead insist upon an hourly fee arrangement with a retainer. As for her subsequent arrest, she would have to be able to prove a lack of probable cause for the arrest.  Not much is needed to establish probable cause.  Probable cause determinations are very fact specific.  Absent some type of real aggravating circumstance, false arrest claims are usually not worth bringing.... Read More

The key issue here is the fair market value of your car. If the repairs to your car would cost in excess of the value of your car, then the insurance company can "total" the car and pay the market value.  Insurance companies tend to be pretty consistent with property damage, so you may get a similar response from the other company. You can take a run at the other driver's insurance.  However, your options are somewhat limited as the other carrier may likely respond as your own insurer did.  Note too that if your car is totalled, then you do not get a rental car.... Read More

You need to speak with your own insurance agent to see what is provided for in your own policy, subject to whatever deductibles you may have. You can go ahead and get your car repaired and pay for a rental.  You can then sue the other driver for reimbursement for whatever is not paid by your own insurance.  You should coordinate any litigation with your own insurance company.... Read More

You would need to sue him in small claims court -- a division of your county district court.  You would have to present some type of expert witness testimony as to how the job was done wrong.  See if the guy has a competitor who might be willing to assist or talk to the mechanic who diagnosed the problem.  The "expert" will have to appear live to testify.... Read More

This sounds like a question of fact as to whether Vehicle 2 is liable and a potential uninsured motorist claim. Going on the premise that Vehicle 1 is long gone, then the issue is whether the driver Vehicle 2 negligently failed to control his/her vehicle.  From what you have described, you are likely looking at needing to file a lawsuit and letting a Jury decide.  Hopefully there are photos of the property damge caused by the alleged collision between Vehicle 1 & 2.  The reason for being able to prove the initial collision is that if you have uninsured motorist coverage, then your policy may require objective proof of the collision to qualify the accident as one involving an uninsured motorist.  Hit & run is considered an uninsured motorist event. IMO, you are looking at litigation to collect anything substantial, and that is only if the Jury buys your version of the accident.... Read More

You are not bound by the alleged admission of fault.  This becomes a credibility issue where your statement would be evaluated based upon the totality of the attendant circumstances.  A jury would be instructed accordingly and could elect to believe or not believe you. If you have not already done so, then you need to sit down with a personnal injury lawyer to review your case and your options.  Note that Kentucky has a 1 year statute of limitation for your described claim.... Read More

Technically "no." However, the issue is proving the deduction took place.  If you are dealing only with a property damage issue and your car is a total loss, then the insurance company will make a property damage settlement based upon "fair market value." Your idea of fair market value and the insurance company's idea of fair market value may likely be different.  Your option is to sue the other driver for the damage and then incur the cost of having an appraiser look at and value the car.  The cost to litigate "fair market value" may well exceed the benefit of doing so.... Read More

As you certainly know, a written Bill of Sale is the best.  However, the recorded call will likely be adequate for a civil proceeding. If your insurance was still in effect for the car at the time of the accident, then you need to make sure that you notify your company. .    ... Read More

At this point, there is a dispute in your claim that likely needs to be resolved by a Judge. You will need to file a formal claim with the Department of Workers' Claims (DWC) in Frankfort consisting of a Form 101, 104, 105, 106, and a 107 from each of your doctors along with all of your medical records. The DWC will assign a Judge and then the Judge will eventually have a Benefit Review Conference to meet with everyone.  In the interim, the claim will be process as a civil action with discovery occurring.... Read More

The police traffic crash report should have the name of the insurance company listed.  You can contact the insurance company directly. Note, if you believe that the collision was an intentional/criminal act, then insurance will not cover such misconduct. You daughter may receive a letter from the Bureau of Motor Vehicles asking her to provide proof of insurance at the time of the accident.  If she fails to respond, then the Bureau can cancel her plates and license. If there is no insurance, then you would have to file a small claims action through your county's district court.... Read More

You are stuck with the towing and storage charge.  Each day that the car sits in the towing company's lot, the cost to retrieve the car goes up. The sooner you get the car, the less you will have to pay. At some point, the towing company willmtake action to get title to your car and then sell your car to cover the costs. You are still responsible for any loan on the car.... Read More

Initially, did you have car insurance at the time of the accident??  If so, under KY's no-fault laws, then your insurance company would have to pay the first $10,000 of the bills and lost wages. If you did not have insurance, then the other dirver gets a $10,000 credit against any potential claim you would have. IMO, you should call your attoeny and demand a face-to-face meeting.  If he refuses, then I recommend that you call Bar Counsel at the Kentucky Bar Association and explain the problem to them.  Bar Counsel mcan not help your cae; however, Bar Counsel can call your attorney about the communication issues.... Read More

PIP:  if your claim was settled "exclusive" of PIP, then you have no obligation to reimburse the PIP carrier.  On the other hand, if you case was settle "inclusive" of PIP, then you have to re-pay the PIP carrier. Doctor Bills:  Unless you signed a lien with the doctor or your attorney has issued a letter of protection (LOP), then there is no obligation to pay the doctor from the settlement.  You still have a legal contractual obligation to pay the doctor, but you can demand the money. You need to get a detailed explanation from your lawyer as to why payments are being delayed.  He may be trying to negotiate a bill reduction that would put more money in your pocket. You can certainly fire the attorney and demand the settlement funds less the attorney fees. However, if there is a lien or LOP, the attorney will continue to hold those funds until those issues are resolve. Call your attorney for an appointment.... Read More

For the other driver to individually collect against you, there would have to be evidence that you negligently entrusted your motor vehicle to your son when you knew or should have know that he was not a competent driver.  While age is certainly a factor, youthfulness is not dispositive.  Absent evidence that your son has a bad driving record, there is little likelihood that you could be held responsible for any amount in excess of your insurance coverage limits. Your son could responsible for the excess, bit the excess liability can be discharged through bankruptcy. If a lawsuit is filed against you and your son, then your insurance company is required to provide you with a defense attorney to protect your rights.... Read More

Your question cannot be answered based upon the information provided. Various factors such as permanent residual medical impairment and future treatment issues need to be considered.  Likewise, the type of concussion is relevant, and sciatica can be a symptom of a chronic back sprain all the way up to a ruptured disc. Given all of the potential variables, I cannot provide a resonable settlement value or range.... Read More