I WAS THE DRIVER IN A CAR WRECK, WHAT SHOULD I DO?

It is very important that any person injured in a motor vehicle accident take the necessary steps to ensure that their medical bills are paid and they have an opportunity to recover for their pain and suffering.  This article deals with drivers of vehicles only.   Injured passengers may be able to recover from the insurance on both drivers’ cars and should discuss the matter with an attorney.  The following questions would be asked by an attorney evaluating your case:
 
1. Was the accident your fault?  (Rarely is any accident 100% anybody’s fault.)
 
2. Did the other party have insurance? (This will be indicated on the police report.  If you do not have a police report, you can call the police department which investigated your accident to obtain one or your attorney will do that for you.)
 
3. Am I injured? (This may take a few days to determine.)
 
4. Can I still go to work tomorrow?
 
The first question you must answer is was the accident my fault?  Kentucky is a comparative fault state, meaning that each driver’s actions are compared to determine a percentage of fault for each driver. (This is why an attorney is so important.)  If you were at fault, you will be limited to your own insurance coverage.  If you are insured in Kentucky, that means that the first $10,000.00 of medical bills and/or lost wages will be paid by your own automobile insurance company. (This is true whether or not you are at fault.)  Whether you were at fault, contact your own insurance company immediately to begin the process of paying your medical bills and lost wages or defending you against the other driver.
 
If you are not at fault, the person at fault, may be liable to pay your bills and pain and suffering.  That brings you to the next question, does that person have insurance.  As a practical matter, it is very difficult to ever collect money from an uninsured person unless they are wealthy.  If the person is uninsured and has no money, you cannot usually collect from them.  This is why it is illegal to drive a vehicle that is not insured. 
 
The third question is are you injured?  If you are not injured, you only need compensation for the damage to your vehicle from your own insurance company or the party at fault’s insurance.  If you are injured, you should seek medical treatment immediately.  (Remember your automobile insurance pays the first $10,000.00 of medical bills and lost wages.)   Follow your physician’s advice to heal as quickly as possible.  If you are injured, you should also contact an attorney to ensure that you know your rights as an injured party.  It is best if you contact an attorney before contacting any insurance company, if possible, to ensure that you do not take actions that may damage your potential case.  The attorney, if needed, will contact your insurance company to ensure that the bills are paid for your medical treatment. 
 
The fourth question is can you go to work?  As outlined above, the $10,000.00 coverage by your own insurance company is not just for medical bills, but lost wages as well.  Medical bills and lost wages together are paid up to a total of $10,000.00, not $10,000.00 each.  Your insurance company will forward forms to your attorney, or you to begin the process of paying your lost wages caused by the accident. 
 
When your medical treatment concludes and you are returned to work, your attorney will advise you as to the potential for success of your case.  Together, you will then make the decision as to whether to attempt settlement with the party at fault or to file a lawsuit.  Many factors go into that decision that cannot be fully discussed here.   Remember to read STATUTES OF LIMITATION: WHAT ARE THEY AND WHY DO WE HAVE THEM? In the FAQ’s section as there are time limits on filing a lawsuit.
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THIS INFORMATION IS NOT A COMPLETE LEGAL OPINION OR LEGAL AUTHORITY AND IS INTENDED ONLY TO GIVE A BRIEF OVERVIEW OF THE TOPIC.  If you have specific questions or need legal representation, please contact Shane Romines or Martha Copeland at 606-523-5100 or by email at shane@copelandandromines.com