Paducah, Kentucky


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Daryl Dixon
Daryl Dixon
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How to Handle a Kentcky Car Wreck Case (Without Hiring a Lawyer) Part IV

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Our last article in this series examined Property Damage and what to do with your car. Now we move on to the Bodily Injury Component of a Kentucky Auto Accident Claim. Again, we are assuming that you, as I did, suffered injuries that are non-life threatening and walked away from your crash……and without broken bones.

The first step of the Bodily Injury Component is to make a claim to your Insurance Company and the Insurance Company of the Negligent Party. As I have told you the Insurance Companies in my case were one in the same. After you make the intial claim the Insurance Adjuster will ask you if you have been injured. When you tell them that you have, they will want you to make a statement. (Note this is a sticky part of the case that most Lawyers don’t like to talk about). Let me say this once…………THERE IS NO HARM IN GIVING YOUR STATEMENT OF HOW THE ACCIDENT HAPPENED AND THE NATURE AND EXTENT OF YOUR INJURIES! However, as always, you must tell the truth. Funny thing is when you tell the truth the story never changes and you will not have anything to worry about throughout the remainder of your case.

Now why have I made a big deal about statements to Insurance Companies??? The reason is because you DO NO HAVE TO! Furthermore, most Lawyers will tell you not to until you speak with ……………..guess who??……them! It is a pretty lowsy marketing tool to get you to hire that particular attorney. LET ME SAY THIS AGAIN……………As long as you are telling the truth it is ok to give a statement. I did and it was recorded and if I ever try and change my story, that statement will be used against me. However, my story will not change because I told them exactly what happened to the best of my knowledge.

The next thing that will happen is that the Insurance Adjuster will send you a PIP (Personal Injury Protection) Application. You fill that out and send it back to the Adjuster. Sometimes these are just one or two pages but I have seen them longer than that. This will allow your Insurance Company to pay your Medical Expenses, Lost Wages and Replacement Services that are related to the accident, up to $10,000.00. In some instances you may have a deductible and in some instances you may have purchased more than $10,000.00 in PiP Coverage………Note: You can purchase up to $50,000.00 of PIP Coverage in Kentucky.

Finally, you need to be loyal to your medical treatment and timely. If you did not go to the emergency room on the day of the accident, as I didn’t, you will need to go to a local clinic or your family physician for an exam. Then, if warranted, that Doctor will refer you to specialist, physical therapy or in some instances chiropractic care. Sometimes when injuries are minor the Doctor will not want to see you back at all unless your condition worsens.

In order to have a Bodily Injury Claim in Kentucky, you will have to have over $1,000.00 in Meidical Expense and/or Lost Wages. If you do not exceed this threshold you will not have a claim. If you do, just be patient, loyal and timely to your medical treatment and in a later article we will talk about settling your Bodily Injury Claim when you have reached MMI or Maximum Medical Improvement. Usually claim of this nature take from 1-6 months…….