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10.19.2017

Appeals Court Reverses Dismissal in Tennessee Car Accident Case

Most of the time, the plaintiff in a lawsuit arising from a motor vehicle accident is either a person who has been hurt in a crash or a family who has lost a loved one in a fatal traffic accident. Sometimes, however, the plaintiff is an insurance company that has paid out benefits to an insured - typically for property damage or medical benefits - and is seeking repayment from the person whose negligence caused the crash. Both individuals and insurance companies must follow procedural rules, including filing a claim within the statute of limitations and pursing resolution of the lawsuit in a timely fashion. 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

05.24.2017

ELPO wins major victory in Court of Appeals in car accident case

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP Would you consider an ATV – an all-terrain vehicle – a motor vehicle? Kentucky law and some insurance companies do not – and that’s what the case we recently won for a client concluded, to the client’s benefit. The client, Thomas Robertson, was driving an ATV on a public roadway in Metcalfe County. Stacy Morgan was driving a vehicle on the same road, and as she attempted to pass Robertson, he turned left, and she collided with his ATV. Both were injured in the accident. Robertson did not have insurance, but Morgan did. Robertson, driving the ATV, sought Basic Reparations Benefits (BRBs) from the insurance company that insured Morgan’s vehicle. Under the terms of Morgan’s insurance, Robertson was considered to be a pedestrian, and pedestrians are entitled to basic reparations benefits. Read More

04.20.2017

Kentucky Appellate Court affirms verdict in scooter accident case

Most personal injury lawsuits settle out of court, but some do proceed to trial. Most often, this happens because the parties disagree as to who was at fault, the amount of damages to which the plaintiff is entitled, or both. When one party is displeased with the jury's decision, he or she has the right to appeal the trial court's entry of judgment on the verdict to a higher court. However, much deference is afforded to the jury's verdict, and the burden is on the appealing party to convince the appellate court that a legally reversible error was made in the lower court. Read More

04.06.2017

Motorcycle accident kills bike owner, injures woman and leads to lawsuit

As one might expect, a large number of motor vehicle and motorcycle accident cases focus on the issues of who was at fault and how much money it will take to fully compensate the injured person (or deceased person's family) for the damages suffered in the collision. Sometimes, however, the issue is not who is at fault but instead whether a particular insurance company is obligated to pay a claim arising from the accident. Such was the case in a recent declaratory judgment action that was reviewed by the Tennessee appellate court. Read More

03.22.2017

Son who moved out of Kentucky parents’ home not a “resident relative” for underinsured motorist insurance purposes

Many people think of "car insurance" as something you either have or don't have. When a claim arises, these folks can be very surprised to learn that there are a multitude of issues outside of parties simply being insured or uninsured. This is because, at its essence, an insurance policy is a contract that has many different terms, provisions, and exclusions. So it is very important to understand exactly what is - and is not - covered under one's policy. As a recent case illustrates, it is also important to discuss your policy with your insurance agent regularly, especially if your household situation changes. Read More

03.03.2017

Kentucky trucking accident insurance case unusually complicated

Lawsuits arising from 18-wheeler accidents can be very complex. One reason for this is that the tractor and trailer may be owned by or insured by different entities. This greatly complicates the path to recovery of a fair settlement or judgment for a person injured in a semi-truck wreck. In a recent case, a rather unique issue arose. The owner of a certain tractor-trailer requested liability insurance on both the tractor and the trailer, but the insurance agent accidentally left the tractor off of the list of the trucking company's vehicles when she sent the application to the insurance company. Read More

02.14.2017

Tennessee Supreme Court holds that rental car was Uninsured Motor Vehicle

In a pedestrian accident involving a motor vehicle, most people would assume that the pedestrian's medical expenses and other damages would be paid by the driver's insurance carrier. If for some reason that did not happen, most would assume the injured person's own uninsured motorist insurance would honor its contractual obligation and pay the medical claim. Unfortunately, those assumptions proved to be wrong in a case arising from an incident that occurred in 2012. Instead, the injured man had to file a lawsuit and take his case all the way to the state supreme court in order to obtain relief under uninsured motor vehicle provisions in his insurance. Read More

02.04.2017

Attorney Kyle Roby wins $850,000 settlement in truck accident for client

Attorney Kyle Roby wins $850,000 settlement in truck accident for client Read More

01.04.2017

Collision coverage not available for insured in unlicensed driver accident

Most people who own an automobile know that it is important to obtain a copy of the insurance policy. However, many consumers do not fully understand all of the different options that may be available to them, much less the many limitations and exclusions contained in a typical policy. When an accident happens, a misinformed consumer can be extremely surprised and disappointed to find out what exactly is and, perhaps more importantly, is not covered, especially after years of faithfully paying monthly premiums to the insurance company. As the plaintiff in a recent insurance dispute lawsuit found out, just a few words in an insurance policy can make a tremendous difference in the insurance company's responsibility to pay out certain benefits in the event of an accident. Read More