How Does Kentucky Vehicle Insurance Work

Why insurers do not want you to have an attorney

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Any motor vehicle accident can create a severe life change for a victim. An accident that results in only vehicle damage can cause a victim to lose their savings to pay for the repairs, and a catastrophic injury can keep a victim from ever walking again.

Insurance companies want victims to feel like they do not need a lawyer for their benefit. More than 6 million accidents occur each year. The victims of these accidents can have huge costs to recover, and they should not rely solely on insurance for support.

Insurance is not your friend

Insurance companies are a business like any other. Their primary goal is to make money, which can come at the cost of accident victims. If insurance companies can get away with paying victims as little as possible for an accident, they will. So, they do not want victims to get an attorney.

Attorneys know how much a victim needs to cover the current and future costs of an accident. Lawyers then use their legal experience to negotiate on behalf of their clients to earn compensation that accurately reflects the current and future costs of an accident.

Insurance companies will try to claim that lawyers will only complicate things, or that the claim process will move faster without a lawyer. Without a lawyer present, it can be challenging to recognize whether a compensation offer is a lowball offer.

Someone to stand by you

Do not take insurance companies at face value, as they are likely looking after their own best interests. If a victim is looking for someone to help them after an accident, they need an attorney on their side. A victim can rely on hired legal representation as someone to fight for their best interests. 

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Motorcycle Safety Month: Please remind other motorists

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For decades, motorcycle enthusiasts have explored the scenic routes of the Bluegrass State, soaking up the beauty, breathing in the fresh air and tasting the freedom of the road. Now that spring is here, more motorcycles are on the roads. And with that in mind, May marks Motorcycle Safety Awareness Month throughout the country.

Other motorists should know by now that sharing the road with a motorcyclist is not difficult. Just be alert and aware, follow the traffic laws and focus on safety. Each year, an estimated 5,000 motorcyclists die in motor vehicle accidents throughout the country. National Highway Traffic Safety Administration (NHTSA) notes that motorcyclists are over-represented among traffic fatalities.

Reasons for motorcycle accidents

Many motorcyclists understand that they must practice defensive driving. And they know if they get into an accident, they are the ones who will suffer the gravest injuries. Possible injuries include head injuries, spinal injuries, fractures and even loss of limbs.

Here are some of causes of motorcycle accidents:

  • Other drivers are not paying attention and fail to see motorcyclists. This is why it is crucial for motorcyclists to remain visible.
  • Inattentive driving from other motorists. Averting the eyes from the road for just a few seconds can lead to a tragic accident. Texting while driving is now a major road hazard.
  • Drowsy driving from tired drivers who need to pull over and rest. Nodding off behind the wheel puts all motorists at risk.
  • Driving under the influence of alcohol and drugs. According to 2019 preliminary reports from the Kentucky Transportation Cabinet, the 121 alcohol-related deaths on state roads represented 16.5 percent of motorist fatalities.

In the minds of all motorcycle enthusiasts and allies, every month is Motorcycle Safety Awareness Month. Actually, every day is. Please stay safe on Kentucky’s roads and enjoy your road trips.

Injured by a Drunk Driver

What is dram shop liability?

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When a drunk driver causes an accident and injures innocent people, they are legally liable for those injuries under Kentucky civil law.

But the driver might not be the only one responsible. If the driver became intoxicated at a bar or restaurant before the crash, the establishment that overserved him or her could also be responsible for injuries.

Dram shop laws and drunk driving litigation

Like the vast majority of states, Kentucky has what is known as a “dram shop law.” A dram shop is an old-fashioned term for a business where beer, wine and/or spirits are served. In other words, places like bars, taverns, brewpubs and restaurants.

Under the dram shop law, these establishments have a legal duty not to serve alcohol to clearly intoxicated customers or let a drunk customer drive away.

This means if a dram shop’s owners, management or employees fail in their duty, and a customer hits you while driving drunk, you could have a claim against the establishment. Because the business’s insurance is likely to be higher than the collision insurance the drunk driver carries, you could stand a higher chance of collecting full compensation for damages such as lost wages, medical bills, and pain and suffering.

Note that Kentucky’s dram shop law applies only to businesses. Many states have “social host laws” that operate similarly to dram shop laws but apply to hosts of private functions like parties and weddings. Kentucky does not have a social host law.

Establishing a dram shop law claim

Proving that a dram shop was partly at fault for your injuries can be complicated. An experienced personal injury attorney will know how to review the evidence from your collision.

Business confusion over pandemic insurance claims

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On March 6, 2020 Kentucky Governor Andy Beshear announced a State of Emergency with the rise of the COVID-19 pandemic. Businesses that are not determined “Life-Sustaining” close and residents were asked to stay “Healthy at Home.”

This shift changes everything for our local and national state of being. Many businesses had to close their doors and employees were laid off.

Insuring for the unknown

“That’s why you insure, to prepare for the unknown,” bar and restaurant owner Erik Baylis said to the Chicago Tribune. After furloughing his 450 employees during Illinois restrictions on dining due to the pandemic, Baylis’ insurance company said that he would not receive any aid.

Many assume that their business interruption insurance will step in during the pandemic. This is typically part of a property insurance policy and is meant to cover damage from a natural disaster like a tornado or fire. Some also cover losses caused by the government, like if authorities consider your property unsafe to work in.

Pandemic coverage denial

Some insurance companies have specific restrictions that deny coverage for viruses, but some don’t. The American Property Casualty Insurance Association (APCIA) says that business interruption policies are not created with the intent of covering contagions or viruses. There is also concern for the mass amount of claims coming in from businesses and a lack of insurance ability to cover them.

Baylis is one of thousands business owners who are suffering beneath the weight of the shutdowns. Now, many are bringing lawsuits against their insurance companies for denying coverage. They argue that their losses are caused by government actions, the business shutdowns, rather than by the pandemic itself, putting them within the realm of the business interruption policies.

While some look for government aid, others must wait for the outcome of their lawsuits against insurance companies to know if they will open their doors again.