Kentucky Injury Lawyer Blog

A wreck on Wednesday on Hwy 150 at the intersection of Old Vincennes Road injured four people. Local police are reporting that 20 year-old Bryan Haas was driving a Ford Focus south on Old Vincennes when he ran a red light at Hwy 150 and was struck by a GMC Yukon driven by 69-year-old James Weaver.

Police are also reporting that Haas was not wearing a seat belt and was ejected from his car. He was flown to U of L Hospital.

Weaver and two passengers in his Yukon were taken by EMS to Floyd Memorial Hospital in New Albany.

As an attorney licensed in Indiana, I am experienced in pursuing injury claims on behalf of victims of crashes like this one. Unfortunately, when a single driver is negligent and injures multiple victims, like it appears Mr. Haas has done in this case, there is rarely enough insurance coverage (if any) to compensate all of the victims. In situations like this, the injured victims may be able to recover from their own auto insurance carrier if they have purchased underinsured motorist (UIM) coverage from their carrier. It is important to review the policy and determine what benefits may be available.

Indiana is different from Kentucky in many ways when it comes to pursuing injury claims on behalf of victims of auto wrecks. For example, in Indiana, if the person responsible for causing your injury in an auto wreck does not have enough auto liability insurance to compensate you for your damages, forcing you to pursue an underinsured motorist claim, your insurance carrier (if your insurance policy is in Indiana) is entitled to a set-off for the amount of money you receive from the at-fault party.

In other words, if you purchased $100,000 in underinsured motorist benefits from your insurance carrier, and the at-fault party has $50,000 in liability insurance, which you recover, then you are only entitled to an additional $50,000 of the total $100,000 from your insurance carrier.

This is different from the law in Kentucky governing underinsured motorist claims, where you would be entitled to pursue the entire $100,000 that you purchased from your insurance carrier - i.e. your carrier is not entitled to a set-off for the liability insurance of the at-fault party.

While many people think they can negotiate with insurance companies alone and get a a fair settlement, it is important for an injury victim to retain an experienced attorney to ensure they get all the compensation they deserve. In all my experience, there has never been a time when a victim negotiating on his or her own has been able to recover the full amount to which they are entitled, because the insurance companies know that a victim working alone is not likely to know or understand the law and how it applies to each unique set of facts.

It is also important to make sure that the attorney you hire is actually licensed in the state where you need help. For example, I am licensed to practice in both Indiana and Kentucky, but many attorneys who advertise their services in Kentucky and Indiana are not actually licensed here. They are licensed in Florida or elsewhere, pump millions of dollars into advertising in our television market, and hire brand new lawyers just out of law school to manage a small Kentucky or Indiana practice. Always research your lawyer to make sure you know exactly who, and what, you are getting. Don't be afraid to ask questions!