Lexington Car Accident Lawyer

Here are some of the things the insurance company might attempt to do as a way of derailing your claim:

Attempt To Get You on Record

Your insurance policy might oblige you to report your Lexington car accident within a certain amount of time. Even though you might not officially file a claim by reporting the incident, an insurance adjuster assigned to your case may try to get you on the record about what happened. Just because the accident wasn’t your fault doesn’t mean you could say something that can be used against you.

Something as innocent as mentioning you were talking with your kids in the backseat could be used as proof you were distracted when driving.

Investigate Your Social Media Posts

If you have active social media accounts, you may want to share what happened in the accident. Photos of your wrecked car or sharing your injuries from the hospital ER might make for viral posts, but the insurance company might use them as proof that your accident isn’t as traumatic as you claim. After all, if you’re sharing, you’re fine.

Later on, you could post photos of holiday celebrations and vacations. Again, these could demonstrate that your injuries aren’t as severe as you make them out to be.

The different scenarios described above are some of the many reasons why a Lexington car accident lawyer like ours will often strongly discourage auto collision victims like yourself from using social media following their wrecks.

Omit Important Information

Insurance companies are obligated to act in good faith when processing claims. Unfortunately, those companies aren’t always acting in good faith when it comes to providing full disclosure. For example, the insurance company might tell you to accept a minimal fee for a rental car when, in reality, you’re entitled to a more significant amount or an extended rental.

Demand Access to Your Medical Records

You can use the medical records related to your injuries to support your claim. However, that doesn’t mean you have to give the insurance company unfettered access to your complete medical history. That can only happen if you sign a medical release and if you don’t limit the date ranges of records available to them.

If you automatically sign that release without specifying which records you’re giving them access to, the insurance company could go back in your entire medical history to look for preexisting conditions that could establish your injuries, which might be from a different accident or other injury incident.

Pressure You To Accept a Lowball Offer

After you or your Lexington car accident attorney present the initial case to the insurance company, they might rush to offer you a settlement. Although you might be compelled to take the offer because the insurance company says it is their “bottom line,” it might not cover all your losses. That is especially true if you require ongoing therapy or are unable to return to work.

When you face all these potential obstacles, you’ll want the support of a skilled Lexington car accident attorney to help you assess whether an offer is fair and counter it if not.

You can present your side of the story during your first consultation with a car accident lawyer. If we agree that your case has merit, we can advocate for you in your case.

When you work with us at McCoy & Hiestand, PLC, this is what you can expect of our car accident attorneys in Lexington, KY:

Qualified Legal Advice

The only decision to make for your Kentucky car accident claim is an informed decision. Our Lexington car accident lawyers can present you with qualified legal advice about all the ongoing options. When we’re presented with any settlement offer by insurers, we’ll discuss its merits with you.

Ultimately, you’re in the driver’s seat. We only accept an offer on your behalf if you agree with the number.

Direct Access

We pride ourselves on being available for our clients. You should never hesitate to reach out to ask a question or request an update about our preparation of a demand packet in your case or how negotiations are going. We will always keep the lines of communication open with you.

Targeted Representation

We understand that every car accident is unique in how it impacts our clients’ lives. Even though we are familiar with the laws and the best strategies for success, we recognize that each claim demands targeted representation. We aim to find a fast and fair resolution for the claim so that you can take care of your bills and focus on getting back on track with your life.

You might think that hiring a Lexington car accident lawyer means going directly to a lawsuit where your story is presented in front of a jury. While that might be an eventual outcome, you will need to go through the insurance claim process first. This is something your Lexington car accident attorney can help you with. To begin the process, you must decide on the appropriate insurance carrier with which to file the claim.

Here are your insurance claim options:

At-fault Driver’s Insurance Company

When another driver’s negligence causes an accident, you can file a claim with their insurance company. Kentucky law requires drivers to carry liability insurance for bodily injury and property damage. Liability means you assume responsibility for the accident, but that doesn’t automatically mean the insurance company is going to be forthcoming with a settlement.

Even though their purpose is to pay out when a claim is made, insurance companies will do everything they can to deny or delay a settlement.

Your Auto Insurer

In addition to the basic liability coverage, you are obligated to carry Personal Injury Protection (PIP) insurance. This requires your insurance company to pay out your medical expenses regardless of who was at fault in the accident. You might also have additional policies that you can file a claim against in your accident. These added policies can include the following:

• Uninsured/underinsured motorist (UIM) insurance
• Collision and comprehensive insurance
• Towing and labor insurance
• Gap insurance
• Rental car reimbursement insurance

Even though your insurance company is supposed to support your claim, they can delay or deny a settlement.

At-Fault Driver’s Employer or a Rideshare Company

If the driver who caused your accident was on the job, you could add their employer to your list of at-fault parties. A company can be held liable for their employees’ actions. An employer can also be at fault if they hire a driver with a reckless driving history.

Was the other driver working at the time of your car accident? If so, you may have a claim against the driver’s employer or rideshare company.

If your accident involves a driver who is working at the time for companies like Uber or Lyft, you could make a claim against the rideshare company.

Auto Manufacturer

Sometimes, another driver can cause an accident, but it might not be their fault. The issue could be with a defective car part or system. If it can be proven that the manufacturer lapsed in their review process, they could be held responsible for the accident.

There could also be an issue with an incompetent repair made on a car. In those instances, you could potentially file a claim against the mechanic.

It is not uncommon to have multiple claims working at the same time. You and your attorney will develop a comprehensive plan on who to file against and for what amount.

If the claim process is not favorable, your attorney might recommend filing a civil complaint. This means taking your case to court, where you name the insurance company and at-fault driver defendants. This can extend the amount of time it will take to resolve your claim, but it can ultimately work for your benefit.

When an insurance company sees your resolve, they might be more inclined to settle before paying for the expense of a trial. Your Lexington car accident attorney will keep up the settlement talks throughout the preparation for the trial.

In cases of egregious acts of negligence, like a DUI or street racing, you could ask for punitive damages from the jury. These would be an amount in addition to your economic and noneconomic damages meant to punish the at-fault party. Punitive damages can also be a part of a wrongful death lawsuit. The surviving family members are entitled to compensation for their losses.

While most states allow you two years to file a personal injury claim, Kentucky law only allows one year, and that countdown starts on the date of the accident. When you factor in the time it might take to get an answer from an insurance company, that year will go by fast. That is why you want to contact McCoy & Hiestand, PLC, immediately after your auto collision.

If we agree to take on your case, our support and guidance will start immediately. We can help with the initial claim process and carry it through until there is a reasonable resolution. It all begins with your free case evaluation. Get in touch with us to schedule that meeting with a Lexington car accident lawyer today.