As a Kentucky injury lawyer, I’m never prouder of the work I do on a case for an injured client than I am on a case where the client initially calls me and thinks they have no shot or not much of a shot at all at winning their case. They’ve been in an accident or going through a rough time, and in their mind, it may seem even hopeless to call an attorney.
To teach you the points I’m going to cover in this video, let me tell you the story of my past client, Andy.
Andy’s Story
Andy was in a motor vehicle accident in Kentucky where the other driver came over into his lane of travel and struck his vehicle. The other driver was clearly at fault. Unfortunately, Andy discovered that the other driver had no insurance on his vehicle and was likely what we call ‘judgment-proof.’
When someone is judgment-proof, it means that person lacks significant income or assets and therefore, even if you won your injury case in court, you likely will never collect any money against them. Pursuing an injury claim against a judgment-proof person, in my opinion, is worthless and a waste of time.
Since Andy was in a car accident caused by a likely judgment-proof person, it put Andy in a bad spot. Andy suffered injuries in the car accident in which he sustained damages, including medical bills and pain and suffering.
Initial Consultation
I recall speaking with Andy shortly after his accident. Andy sounded hopeless, but he still wisely thought it was a good idea to contact my office even though the other driver had no insurance on his vehicle to cover Andy’s injuries. I asked Andy if the vehicle he was driving was insured. Andy said yes and advised that he was driving his mom’s vehicle. I then asked Andy if he knew if his mom’s insurance policy had uninsured motorist coverage. He was unsure.
Uninsured Motorist Coverage
To confirm, I requested the declarations page of the insurance policy from the insurance company that insured his mom’s vehicle. The declarations page states the different types and amounts of coverage covering the vehicle. Once I obtained a copy of the declarations page, I found out that the vehicle had uninsured motorist coverage on it. This was great news for Andy.
Uninsured motorist coverage protects anyone that occupies the vehicle from bodily injury caused by an at-fault driver who does not have automobile insurance or in a hit-and-run incident. When I first told Andy the news, he was hesitant at first to file an uninsured motorist claim with his mom’s insurance company. He was afraid his mom’s insurance payments might increase.
Kentucky Statute Protection
Andy and his mom did not have to worry about their insurance company raising their insurance premium rates. Kentucky law disallows insurance companies from raising insurance premium rates when their insured files a claim under the policy, such as an uninsured motorist claim, as long as it is determined that the insured is not at fault for the accident. Since Andy was not at fault for the accident, his mom’s insurance rates could not be raised due to filing the uninsured motorist claim.
Pursuing the Claim
With this assurance, Andy was on board with pursuing the uninsured motorist claim. We collected Andy’s medical records and bills. Next, I sent a written demand letter along with all the evidence we had obtained in support of Andy’s case to the insurance company, demanding that they pay out the uninsured motorist policy limits.
In response to my written demand letter, the insurer agreed to pay out the policy limits of $100,000. Additionally, since Andy also got $10,000 in no-fault insurance benefits to go towards his medical expenses, his total recovery on the case amounted to $110,000. Andy was ecstatic. When he first spoke with me, he thought there really wasn’t much I could do for him.
Conclusion
I highly suggest that anyone injured in a car accident contact an injury lawyer, even if you think there isn’t much of a chance of being compensated. Every single injury lawyer I know, including myself, offers injury victims free consultations so you really don’t have anything to lose when you consult with an injury lawyer. Car accident cases and insurance coverage can be complex. Do yourself a favor and consult with a lawyer. Get a legal opinion as to whether or not you have a chance at a payday.
The thing is, now that you know you shouldn’t give up on your injury case, even if you think your injury case may be hopeless, if you end up having a viable injury claim, there are certain things you should know about your injury case if you want to have a successful claim leading to a big payday.
And in this video about to pop up right here, I will tell you what you should know about your injury case if you’ve been injured in Kentucky.
Lastly, if you’ve been injured in a car accident, slip or trip and fall incident, or dog attack incident, remember: don’t wait; call Tate.
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