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08.24.2021

My Vehicle Was Damaged in a Wreck… What Do I Need to Know?

By Kyle Roby, Partner Kyle Roby English, Lucas, Priest and Owsley, LLP All too often I get calls from people who have been rear-ended by a distracted driver. Most of the time, when no one was injured with only damage to the vehicle, there is not a need for a personal injury attorney like me to get involved, but I am always happy to provide information on how one should proceed after being rear-ended and provide a warning for potential pitfalls that may arise. What often complicates matters is when the person that rear-ended the vehicle does not have insurance, leaving the person who got hit to fix their car out of their own pocket. In these situations, whether you are trying to seek payment for damages from the at-fault driver’s insurance company or your own to get your car fixed, this can be an extremely frustrating experience. Here are five tips that I often share to help ease your frustration: Read More

08.04.2021

Will The Insurance Company Pay for My Injury if the Wreck is My Fault?

What is disputed liability and what impact does it have in the state of Kentucky? By: ELPO Law Attorney J.A. Sowell (jasowell@ELPOLaw.com; 270-781-6500) Disputed liability is a term used by insurance companies when negotiating bodily injury claims made against their insured after there is an injury resulting from… Read More

11.30.2020

What You Need to Know About Safe Driving During Winter Weather

By ELPO Law Attorney Jessica Shoulders According to the Federal Highway Administration and the National Highway Traffic Safety Administration (NHTSA), each year, 24 percent of weather-related crashes occur on snow, slushy, or icy roadways, and 17 percent of all vehicle crashes occur during winter conditions.  With winter approaching, it is important to know what you can do to reduce your chances of being involved in a winter weather related crash and what to do if you find yourself in the unfortunate situation of being involved in one. Snow and ice reduce pavement friction and vehicle maneuverability, causing slower speeds, reduced roadway capacity, and increased crash risk. Heavy snow and sleet can also reduce visibility. Lanes and roads are obstructed by snow accumulation, which reduces capacity and increases travel time delay.  If you encounter any of these road conditions, the following tips from AAA and the NHTSA can help you avoid a crash: Read More

07.21.2020

Five Things You Need to Know After a Car Wreck

By Kyle Roby, Partner Kyle Roby If you follow ELPO Law on social media (facebook.com/ELPOLaw; @ELPOLaw) or subscribe to our ELPO eNewsletter (click here to subscribe), you are familiar with articles with tips on how to protect your family with car insurance or what happens if you are involved… Read More

05.19.2020

Car Insurance: Is My Family Really Protected?

By J.A. Sowell, Attorney J.A. Sowell Reprinted from SOKY Happenings article 4.30.20 Picture this – it is Monday evening. You are driving down Campbell Lane with your two children in the backseat headed to grab a quick dinner after soccer practice. As you approach the intersection with Scottsville Road, you… Read More

01.15.2020

What Happens If You Are in an Accident While Riding in an Uber?

By Kyle Roby, Partner Kyle Roby Most of us use the ride sharing service Uber when we need a ride because our car is in the shop or we are planning an evening out on the town. When you call for an Uber, the last thing on your mind is… Read More

11.27.2018

Courts rule PIP payments must be made by insurers

By Kyle Roby, Partner English, Lucas, Priest and Owsley, LLP Kyle Roby A recent Kentucky Supreme Court case addressed the issue of PIP or BRB payments, which are also called no-fault payments. This is part of a class action lawsuit against insurance giant GEICO. The company denied PIP benefits based on a doctor reviewing medical records and not examining the individual. This is known as a peer review of medical records by an out-of-state doctor. This procedure is not found in the Kentucky Motor Vehicle Reparations Act (MVRA). The plaintiffs argued that this procedure should not have been used as a standard for denying benefits and the Kentucky Supreme Court agreed.  In fact, the Kentucky Supreme Court compared the arguments made by the attorneys and the trial court to coon dogs leading a hunter in the wrong direction or as the old saying goes “they were barking up the wrong tree.” The case is Government Employees Insurance Company (GEICO) vs. Jordan Sanders and Anita Houchens (individually and as class representatives). The court handed down the ruling on November 1, and ordered that the ruling was to be published, which means it can be used as a standard in future cases. Read More

01.09.2018

Underinsured and uninsured motorist coverage: what you need to know

By Bob Young, Attorney English, Lucas, Priest and Owsley, LLP Every car owner in Kentucky is required to carry liability insurance on their automobile. Liability insurance means that if you are involved in an accident with another vehicle, and you are at fault, your insurance will pay for the damages to the other vehicle and for their injuries. But what happens if you’re involved in an accident, it’s the other person’s fault and the other person isn’t carrying the required insurance? Or what if your injuries or your passenger’s injuries are greater than the coverage the other person is carrying? If the at-fault drivers has no coverage, that would mean your own uninsured motorist insurance policy would pay the bills for your treatment and cover the pain and suffering for injuries suffered by you or anyone in your vehicle. If the at-fault driver does not have sufficient coverage, underinsured motorist coverage, again, on your own policy, would cover these bills and damages, to the extent the at-fault driver does not have adequate coverage. Read More

10.31.2017

Kentucky Auto Accident Claimant Had Obligation to Submit to Pre-Suit Deposition Before Receiving Basic Reparations Benefits

Kentucky is a no-fault insurance state. This simply means that each party in a Kentucky auto accident case must first seek payment of medical expenses up to $10,000 from their own insurance companies through a claim for basic reparations benefits (also known as personal injury protection - or PIP - benefits). If a person sustains serious injuries, it is usually still possible to pursue compensation from the negligent motorist. Facts of the Case In a recent (unreported) case appealed from the Jefferson Circuit Court, the insured motorist was a woman whose vehicle was struck from behind in a multi-car accident in May 2015. At the scene, the insured motorist did not report any injuries, but there was minor damage to her vehicle's rear bumper. The insured motorist later sought chiropractic treatment for injuries she alleged resulted from the accident, submitting the bills to the insurance company for payment under her basic reparation benefits (BRB). The insurance company did not pay the insured motorist's medical expenses, instead filing a petition to compel the insured motorist to give a pre-litigation deposition. The insured motorist filed a counterclaim, alleging that the insurance company's refusal to pay her medical expenses immediately was a violation of the Kentucky Motor Vehicle Reparations Act. The circuit court found that the insurance company had shown good cause for its request for a deposition and ordered the insured motorist to comply within 30 days. It also dismissed the insured motorist's counterclaim. Read More

09.29.2017

Claimant Had Contractual Duty to Answer Questions Under Oath to receive PIP benefits

People who must rely on PIP benefits available under a policy of uninsured motorist coverage following a Kentucky hit and run accident are often surprised at how contentious the process of obtaining fair compensation can be. It might seem that the insured person and the insurance company are "on the same side," especially if the claimant has been faithfully paying his or her premiums for many years. The truth is that an insurance company is still an insurance company. It does not matter whether a claim is paid out under a UM/UIM policy or a liability policy; the company will still do everything it can to limit the amount paid out. Read More