Frequently Asked Questions
Below are some initial questions many clients have when they first contact Michael A. Schafer, Attorney at Law. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.
- Page 1
What Happens If A Car Almost Hits Me And I Hit Someone Else?
Insurance policies are very long and complicated in Kentucky. You must know what questions to ask your agent so you know what coverage you have. There are many different situations that can happen and there is little uniformity in auto insurance policies. Some insurance companies have a “Contact Rule” in which there must be contact with the at-fault driver in order for there to be a recovery from your Uninsured Motorist Coverage. The only way to know what coverage you have is to read the policy given to you by your agent. You could also ask your insurance agent to explain it to you. Then you can call your attorney.
For additional information on this subject, see my article called, "What Happens If A Car Almost Hits Me And Causes Me to Hit Something Else?"
What Is A Permissive User?
A permissive user is someone who is driving your car with your permission. They may be covered under your car insurance policy should they be in an automobile accident.
How Do I Get A Rental Car If I Have Been In A Car Accident?
Rental car coverage is always offered with full coverage in Kentucky car insurance policies. This is the only way to make sure you will get a rental car while your car is being repaired. The insurance company for the driver who hit you may pay for your rental car from their property damage coverage, but this is sometimes a slow process. Also, if there is a dispute as to the cause of the accident, the other party's insurance company will not pay for anything until the liability dispute is resolved. They will then pay only if the dispute is resolved in your favor. If you do not agree with their decision, your options are to forget about it or file a lawsuit.
Should I Take Pictures At The Scene Of The Accident?
Pictures are helpful in the litigation of your car accident case. However, do not place yourself in danger to take photographs. If you have a camera available, it would be a good idea to take pictures of the accident scene and all vehicles involved at the time of the accident. You should definitely take pictures of the damages done to your car and the other vehicles involved.
What Can I Do In A Hit-And-Run If I Don't Know The Person?
Yes, you can still receive benefits under your PIP or no fault coverage for medical treatment. Additionally, you may have uninsured motorist coverage (UIM) that would take care of your pain and suffering in this situation.
What Can I Do If I'm In A Car Accident And Have No Insurance?
You still have a claim against the driver of the car that hit you. You can recover for your pain and suffering. In this situation, your medical bills will be paid by your health insurance carrier. If you do not have health insurance, you are responsible for the first $10,000 of medical bills. This amount will be paid out from the proceeds of your settlement.
Can I Get In Trouble If I Don’t Have Insurance On My Car?
You may be charged with a criminal, no insurance offense if you do not have car insurance at the time of the accident. If this is your first offense, you can receive up to a $1,000 fine and 90 days in jail. However, most of the District Courts in Kentucky have a diversion program that will allow you to provide proof of insurance and eventually have the case dismissed.
How Long Do I Have To File An Automobile Accident Case?
In Kentucky, the statute of limitations for a car accident is two years from the date of the accident. It could also be two years from the date of the last no fault payment, not to exceed a total of four years. If you had insurance, the last no fault payment is the last payment your insurance company made for either your medical bills or your loss wages. It is best if you file your claim within two years from the date of the accident.