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BLOG & ACCIDENT NEWS

Interview with Experts Speak

Rob recently had the opportunity to speak with Michael DeLon of Experts Speak about his new book “Fighting for Justice.” Check out the video or audio version below!

Featured Post

BLOG & ACCIDENT NEWS

Interview with Experts Speak

Rob recently had the opportunity to speak with Michael DeLon of Experts Speak about his new book “Fighting for Justice.” Check out the video or audio version below!

Insurance Issues in Accident Cases Involving a Ride-Sharing Vehicle

Insurance Issues in Accident Cases Involving a Ride-Sharing Vehicle

Ride-sharing companies such as Uber and Lyft have become popular throughout the country, and Kentucky is no exception. These services are often touted for their convenience and safety. They are especially popular in downtown areas, where it is difficult to find parking, and both companies have been praised in the past for getting more drunk drivers off of the road. While ride-sharing services may boast some safety benefits, contracted drivers for any ride-share service are not immune to the possibility of getting into an accident on the road. When this happens, who is held liable for the accident? In addition, which insurance company should those who are injured contact? Is it the driver’s own personal insurance company, or the insurance company of the ride-sharing service? These are all questions that make a ride-sharing accident so much more complicated than most other accidents on the road. Generally speaking, however, there are some guidelines that passengers, contracted drivers, and other drivers can follow in the event of an accident. Passengers Hurt in an Uber or Lyft Accident In the event of an accident, passengers of an Uber or Lyft typically have the most protection. This is due to the fact that they can seek accident benefits through both the driver’s insurance policy, and the insurance policy of the ride-sharing company. Passengers will need to first obtain benefits through the driver’s personal insurance. When these benefits are not enough to cover the cost of injury, they can seek benefits through the ride-share company’s insurance. Both Uber and Lyft drivers are insured by the James River Insurance Company up to $1 million for accidents. As long as injuries do not exceed this threshold, accident victims should have access to this insurance. Uber or Lyft Drivers Hurt in an Accident Uber and Lyft drivers enjoy the same protection offered by the ride-sharing company’s insurance policy as passengers do. A driver is only eligible for the insurance provided by the ride-sharing company if they had already accepted a fare and were carrying passengers at the time of the accident. Ride-sharing drivers are also subject to the same stipulations as passengers. This means that a driver must go through their own insurance policy first before asking the ride-sharing company’s insurance for additional benefits. Many insurance companies require that ride-sharing drivers purchase more insurance than the minimum PIP amounts outlined by Kentucky law. If it is found that the driver did not have this additional insurance and was carrying passengers at the time of the accident, an insurance company may deny the claim altogether. Uber and Lyft specifically also provide coverage for their drivers when they are not carrying passengers, but are instead between rides. That is, the driver is still working, but they do not currently have any passengers. When this is the case, the amount of insurance available to the Uber or Lyft driver drops to $100,000. Other Drivers Injured in an Uber or Lyft Accident When another driver is injured in an accident involving an Uber or Lyft, and the ride-sharing driver is found to be at fault, the other driver will have the same rights as an Uber or Lyft passenger. They must first file a claim with the ride-sharing driver’s insurance company. If the accident benefits obtained through that company are not enough to cover the cost of injury, they can then file a claim with the ride-sharing service’s insurance company. Anyone Injured in a Ride-Sharing Accident Needs a Kentucky Car Accident Lawyer When an accident happens on the road that involves a ride-sharing vehicle, anyone injured needs to speak to a Kentucky personal injury attorney. While any accident on the road will have its own complications, things can become extremely complex when dealing with multiple insurance companies. In addition, a lawyer can speak to the insurance company on the injured individual’s behalf to ensure they get a fair settlement. If you have been injured in an accident involving an Uber, Lyft, or any other ride-sharing service, contact the Morrin Law Office at (859) 358-0300. We’ll help you get the accident benefits you need to get you back living your best life as soon as possible.

When You Might Not Need a Personal Injury Lawyer

When You Might Not Need a Personal Injury Lawyer

Hurt? One Time You MIGHT NOT Need a Personal Injury Lawyer: 1) You have a POLICY LIMITS OFFER from the liability insurance company for the at-fault driver, there are NO OTHER APPLICABLE POLICIES (UIM, Home Insurance, UM, Umbrella Insurance, etc.), and you have conducted an ASSET SEARCH on the at-fault driver. a) Liability Insurance: Be careful! Make certain you have the liability insurance company’s declarations page for the vehicle involved and the driver’s vehicle if not driving their own vehicle. Did you know that both policies may apply? b) UIM: Under-Insured Motorist coverage is an applicable policy you, your parents, a relative living with you, or the owner of the vehicle you were driving purchases that covers damages from a car accident that are not covered by the liability insurance policy or policies. You will need to read K.R.S. 304.39-320 which codifies the procedure first established in Coots v. Allstate Insurance Company, Ky., 853 S.W. 2d 895 (1993) to understand what you need to do BEFORE you cash the check from, and sign the release for, the liability insurance company or you may lose your UIM claim altogether, regardless of its merit. Did you know that a UIM policy that is purchased for a vehicle not involved in the wreck may apply to your car wreck? This can be the difference between living in pain and being able to afford a necessary surgery. c) Home Insurance: This will almost never apply to your car accident, unless offered as additional coverage by your home insurance (I have not yet seen this but it’s possible). Home insurance may apply to an ATV injury or for other vehicles not intended to be driven on the roads and highways (unless separate policies have been purchased for these vehicles–not required by law so often not purchased). I have noticed that home insurance claims for these reasons are very often contested by the insurance companies, regardless of the merit of the claim. d) UM: Uninsured Motorist coverage is purchased by folks in case they are in a bad accident with someone who is driving an uninsured vehicle (illegally). In that instance, your UM policy (which every should purchase). e) Umbrella Insurance: This is a policy purchased by an at-fault driver, or their parents if under 18, to pay for damages caused to others that are not covered by other insurance policies (a safety net). These policies only become relevant when you have been in a bad accident (often when semi trucks are involved). You must know when to look for this coverage and whether or not it makes sense to file a lawsuit (hot tip: it doesn’t always make fiscal sense to file). f) Asset Search: If the at-fault driver only has minimum policy limits ($25,000) but your medical bills are over $50,000.00 then you may want to consider whether or not the at-fault driver owns a corvette they could sell to cover the rest of your medical bills. Perhaps they own 50 rental properties in Richmond and they are able to cover your medical expenses that they caused. You won’t know this unless you conduct a quality search of assets that are registered in their name. It is best to check with a straight-talking personal injury professional who focuses only on Kentucky injury insurance claims. I offer 100{2159c586533b4de4af2314f06db22218e2dc39950f3e2c4c92d8844439e44021} risk-free claim evaluations for those who have been hurt in Kentucky to determine whether or not our representation is a good fit. Good luck and be well!