If you are injured in a car, truck, motorcycle accident, you may be wondering if you are entitled to compensation, and if so, how much? There are many factors that are considered when determining how an insurance company or jury will value your case.

Flora Templeton Stuart Accident Injury Lawyers offer a free evaluation regarding your accident. We can also discuss the elements that might increase or decrease the value of your settlement or court award with you. We will make every effort to settlement your case prior to litigation for the maximum amount possible.

Insurance Limits

The first thing to consider when determining how much money you may be able to recover from a vehicle accident is the insurance policy limits of the at-fault driver. In Kentucky, motorists are only legally required to carry minimum bodily injury liability of $25,000 per person and $50,000 per accident, regardless of how many people in your vehicle are injured. KRS 304.39-110. This means that is the most that the at-fault driver’s insurance company will have to pay no matter the extent of the injuries you sustained.

Commercial trucks on the other hand are required to by federal law to carry at least $750,000 in coverage while transporting non-hazardous property. For commercial trucks carrying oil, hazardous waste, and specific hazardous materials, up to $5 million in coverage is required depending on the type of substance being transported. 49 CFR 387.

Other Types of Insurance

Even if the at-fault driver only carries the minimum policy required by law, there may be other types of coverage available to you through your own car insurance policy, or the insurance policies covering other vehicles in your household, in the event that the at-fault driver’s policy does not cover your damages.

Uninsured Motorist Coverage (“UM”): Unfortunately, some motorists are driving uninsured even though it is against the law. Your own insurance policy, however, may include Uninsured Motorist Coverage (“UM”), which will compensate you if the person that hit you does not have insurance coverage to pay for your damages. UM may also come into play if you are the victim of a hit-and-run where the at-fault driver cannot be identified and their coverage cannot be accessed. In Kentucky, UM coverage is not mandatory, but many policies have it unless the policyholder has declined it in writing.

Underinsured Motorist Coverage (“UIM”): UM coverage is also a type of coverage you may have on your own car insurance policy, which can protect you if the at-fault motorist’s insurance is insufficient to cover your damages. Underinsured Motorist Coverage (“UIM”) may be available through your own policy to compensate you for your remaining damages. Like UM coverage, UIM coverage is not mandatory in Kentucky, but many policies have it.

Notably, you may have the option to stack UM and UIM policies. (add them together) if there are multiple vehicles in your household that have these types of coverages available.

Personal Injury Protection (“PIP”): In Kentucky, vehicle owners are required to have Personal Injury Protection (“PIP”) insurance coverage of at least $10,000 per person for initial medical expenses and costs of care caused by a car accident, regardless of who was at fault (this is why it is sometimes referred to as “no-fault coverage”).

PIP comes from the policy covering the vehicle you are in at the time of the accident. It helps pay your medical bills and can provide up to $200 a week for lost income. In some instances, the benefits can be paid out to you directly. In cases where injuries result in death, PIP coverage can apply to funeral costs up to $1,000. KRS 304.39-020.

The minimum amount of PIP required in Kentucky is $10,000, but it can be increased up to $50,000 for additional protection.

Limits on Non-Economic Damages Resulting from a Personal Injury

Some states, like Tennessee, place caps on the total amount of compensation an individual can receive in non-economic damages such as pain and suffering after a car accident or other personal injury has occurred. Fortunately, Kentucky does not place any limits on personal injury lawsuits in the state. Because of this, the value of a personal injury case in Kentucky tends to be higher than in states that do have limitations, and insurance adjusters will usually consider this in valuing your case.

The Adjuster Assigned to Your Case and the Time of Year

Oftentimes, the value that an insurance company will give to your case depends on the adjuster who has been to your case. Some adjusters are more generous than others, and will offer higher amounts to settle claims. Regardless, the job of all adjusters is to evaluate claims and try to settle with you for a low amount. Having a legal team like Flora Templeton Stuart Accident Injury Lawyer in your corner will signal to insurance companies that you will not accept a lowball offer.

Insurance companies and adjusters also tend to value cases higher and settle for higher amounts towards the end of the year for tax purposes; however, this should not cause you to wait to seek medical attention or legal representation, as it is more effective to seek treatment right away so you (and the insurance company) will know the extent of the injuries that were caused by the accident, so that your injuries do not worsen, and so your insurance claim is not delayed. 

How Injured Are You?

The extent of your injuries and your medical expenses are the perhaps the most important factors in valuing your case. Again, it is imperative that you promptly seek medical treatment for your injuries in order for you to heal, and also so that you have adequate documentation of the injuries you sustained in the accident. 

Receiving consistent treatment from excellent and credible physicians who will provide detailed and thorough records of your injuries is key. 

Your physicians will be able to determine the nature of the injuries you have sustained and whether you have suffered any of the following injuries including but not limited to:

Insurance adjusters place a higher value on your case if your injuries are more severe and because your medical bills will generally be much higher. Medical bills are often a sizable portion of how much your claim is worth. These type of bills include but are not limited to:

EMS services;
An ambulance ride;
Diagnostic and lab tests;
Surgery;
Anesthesia;
Medications;
Hospitalization;
Follow-up treatment;
Medical equipment;
Travel to and from doctor’s offices; and
Long-term care facilities.

Do You Have Lost Wages?

If you were injured in an accident and unable to return to work, you may be able to recover additional compensation to make up for your lost wages.

Your doctor will be able to help establish to the insurance company that your injuries have prevented you from working by reviewing your medical records, asking about the nature of your job and your job responsibilities, and, if necessary providing a statement indicating that you are unable to work due to the accident. Once you’ve established that you cannot return to work, your employer can provide proof of your time missed and your rate of pay.

Using this information, our experienced legal team can calculate your lost wages and insist that the insurance company consider this when valuing your claim. 

Is the Defendant a Commercial Truck?

Generally, jurors tend to side with injured drivers against commercial trucking companies. Insurance companies know this, and while this can be good for you as a victim of a commercial truck accident, these companies often hire expert investigators to visit the scene of the accident and retain attorneys who will fight the cases. You will likely need your own attorney who is experienced in dealing with accidents involving commercial trucks, and who will get investigators on scene.

Liability and Witness Statements

An essential component to the value of your case is making sure that liability is clear. That is, proving that the other party is at fault for the accident. While the police report will help in determining the at-fault driver, they are not always as clear as we would like. 

Witness statements can be crucial in these situations. Any witness statements you have indicating fault of the other party can help boost the value of your case. Even if you do not have witness statements, making note of any witness contact information can assist us in obtaining them for you. 

Flora Templeton Stuart Accident Injury Lawyers always obtain witness statements after the accident whenever the witnesses are available and willing to provide a statement, including the at-fault driver.

Property Damage and Photographic Evidence

In a car, truck, or motorcycle accident, your vehicle likely was damaged and will need to be repaired if replaced. Physical evidence following a collision may not last long. If you are able, it is important to take photos of the scene of the accident, including property damage to all cars involved and the condition of the road. This can help visually capture the traumatic experience you suffered as a result of the collision. With photographs, insurance adjusters, and juries if the case were to proceed to trial, will be better able to understand exactly how the collision occurred and the extent of your suffering. 

More so than ever, individuals are purchasing dashcams for their vehicles. Installing a dashcam in your vehicle to capture a video of a traumatic collision could prove to be an important piece of evidence an insurance adjuster or jury would use to significantly increase the value of your case.

Even if your injuries prevent you from being able to take photographs at the scene of the accident and your vehicle is towed, our investigators will locate your vehicle and get the photographic evidence we need to increase the value of your case.

Does the At-Fault Driver Have a Criminal Record Relevant to the Collision?

If you are the victim of a reckless driver or are hit by a drunk driver, it is important to determine two things:

Was the at-fault driver criminally charged as a result of the accident?; and
Does the at-fault driver have a history of reckless driving or DUI?

These factors can greatly increase the value of your claim, as we can request that the insurance company factor in punitive damages when valuing your claim. Punitive damages are the payment that a defendant found guilty of committing an offense is ordered to pay on top of compensatory damages. In fact, under Kentucky law, a DUI charge associated with a collision will automatically add a $25,000 recovery to your case.

Is an Experienced Attorney Preparing Your Settlement Demand and Negotiating?

A settlement demand is the final piece of the case before we begin negotiating with the insurance company. It is a packet of documents that includes a demand letter, which is a legal document outlining the damages you sustained in the accident, in addition to your medical records, medical bills, the police report, photographs of the vehicles involved in the collision, witness statements, and anything else showing the value of your case and extent of your damages. 

Hiring an experienced attorney to negotiate your settlement with insurance companies can prove invaluable to your case. Insurance companies can be tough to work with when it comes to settlement negotiations. Insurance adjusters will often try to downplay the extent of your injuries and minimize the amount of compensation you are entitled to. At Flora Templeton Stuart Accident Injury Lawyers, we often know the insurance adjusters we are dealing with, and they know we will fight for our clients.

Is Your Attorney Reducing Your Liens and and Getting Your Medical Bills Paid?

When you receive money for a personal injury claim from a settlement (or verdict should the case go to trial), you often have liens on your proceeds from medical providers or your health insurance company, which you are responsible for paying. Flora Templeton Stuart Accident Injury Lawyers will work to reduce the liens and ensure that the outstanding liens have been paid.

How Our Firm Can Maximize Your Compensation

Getting the top settlement for your claim depends on hiring the right attorney. At Flora Templeton Stuart Accident Injury Lawyers we thoroughly investigate our clients’ cases, request and review medical records and bills, prepare our clients’ extensive settlement demands, and ensure medical liens are reduced to the extent possible and medical bills are paid.

Our highly experienced attorneys negotiate with insurance companies to get our clients top settlements, and if we cannot settle the case for a fair and reasonable amount, we will file a lawsuit and mediate the claim if our client was seriously injured and the case is well in excess of the insurance company’s offer. 

We work for our clients to refer them to excellent and credible physicians to get the treatment they need and the settlement they deserve.  We accept cases on a contingency fee basis, which means we take care of the up front costs and get paid only if we recover compensation for you.

Get a Free Case Review

Flora Templeton Stuart Accident Injury Lawyers is a nationally recognized personal injury law firm serving clients throughout the state of Kentucky.

Call us today at (888) 782-9090 or contact us online for a free consultation. Our lines are open 24/7.