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Will My Insurance Cover Me for the Injury I Got in a Hit-and-Run?

Posted on Tuesday, March 8th, 2016 at 7:16 am    

hit-and-runThe attorneys at Lawrence and Associates have helped many drivers who were hurt in a hit-and-run collision. These claims can be simple – for example, when the hit-and-run driver is found by the police and has alcohol in his or her system – or complex – for example, where the hit-and-run driver is never found at all. In almost every case, our attorneys can recover money from an insurance policy to fairly compensate our clients for their damages. However, in many cases the insurance carrier will initially refuse to compensate the injured driver. Depending on the exact circumstances of each case, there are several ways to get paid for your injury.

What Happens When the Hit-and-Run Driver is Found?

In cases where the hit-and-run driver is found and identified by the police, our attorneys will file a claim for damages with the hit-and-run driver’s policy first. In that situation, the insurance claim is no different from any other car wreck on the road. The injured driver looks to the hit-and-run driver’s policy first, filing a lawsuit in court if necessary. If the hit-and-run driver’s policy has to pay the limits of the policy for the injury (or close to the limits), then Lawrence & Associates helps its injured clients recover money from their own policy. However, there are certain legal requirements that come into play – such as notice requirements to the injured driver’s own insurance carrier – that can cause major problems for anyone that tries to go after insurance money without a lawyer. Injured Northern Kentucky drivers should tread cautiously!

What Happens If the Hit-and-Run Driver is Not Found?

It is tougher – but not impossible! – when the hit-and-run driver is never found, but the wreck caused an injury and property damage. In that scenario, Kentucky law states that the injured driver’s insurance policy has to pay first using the uninsured motorist coverage portion of the policy. However, in doing so the injured driver’s insurance carrier becomes adversarial, meaning the insurance company wants to save its money by not paying for the injury! Insurance companies often delay or deny claims by requiring proof in painstaking detail for each and every dollar the injured driver needs for fair compensation. Often, a different, more hostile adjuster is assigned to the case and the injured driver expecting the customary friendly service from his or her carrier is taken by surprise. In Northern Kentucky, most injured drivers without counsel are never aware that they receive less than full compensation because of these factors.

What Happens If Another Driver Causes the Accident but Never Hits My Car?

The most difficult scenario occurs when hit-and-run driver is avoided, but still causes an accident. For example, Lawrence & Associates has represented drivers who struck a tree or telephone pole when swerving to avoid a negligent driver, only to see the negligent driver flee the scene without stopping to help. Although getting money in this situation is not always impossible, it is extremely difficult to recover when there is no contact between the vehicles and no identification of the other driver. Nevertheless, good legal counsel improves your chances of recovering. At the very least, good legal counsel can give you the finality of knowing that a recovery is not possible.

Can Attorneys at Lawrence & Associates Help Me Get Money?

Lawrence & Associates is Working Hard for the Working Class, and we would be happy to help you. Our lawyers are licensed in Kentucky and Ohio, and have experience in helping all kinds of car accident victims recover fair compensation for their injuries. If you’ve been injured in a hit-and-run accident, let us help you!


How Can I Stop My Car From Getting Repossessed?

Posted on Thursday, February 25th, 2016 at 8:57 am    

Car-Repossession-300x225A car is a necessity in modern life. We need to go to work, school, and home, and few of us live in walking distance. Therefore, the prospect of a car’s repossession is frightening. Once you finance or lease a car, your car lender has certain rights and remedies that come with the contract you sign. One remedy allows the lender to repossess your car if you default under the terms of your agreement. Your contract will specify what exactly constitutes a default but common examples include failing to make your payments or not having car insurance. Although many car owners assume they have grace period before repossession begins, the contract usually allows for repossession at the time of default.  Some Northern Kentucky car lots, such as Limited Motors, report that they offer at least a three week grace period to car owners in default before repossession begins.  However, often car lots will not guarantee a grace period and choose to exercise their repossession right quickly.

What Steps Should You Take If You Default on Your Loan?

If you are in default on your car loan and cannot make an immediate payment in full, you’ll want to take a few easy steps to avoid finding your car missing one morning. Your car loan lender can usually repossess your car without giving you any notice as long as the repossession does not breach the peace. “Breach the peace” is an important term, and generally means they cannot do anything illegal, including “disturbing the peace” by creating an argument with you or “breaking and entering” by going into your garage to take the vehicle. Repo men generally take cars at night when no one is around so no breach of the peace occurs. If you are in default and know or suspect a repossession is going to occur, considering doing the following:

1. Keeping the car in a garage.

2. Parking the car a distance away from your house and place of work, where it will not easily be found.

3. Parking the car in your backyard, where it cannot be seen from the road.

4. Asking a neighbor or friend to keep the car at their home, under a tarp or other cover.

Under any of these scenarios, you make it less likely that a repossession will occur because you prevent the repo man from finding or accessing the vehicle.

Filing Bankruptcy Ceases All Collection Attempts

A bankruptcy can help you to stop the repossession and even get your car back after repossession. When you file bankruptcy, the automatic stay goes into effect, which forces your creditors to cease all collection attempts against you. This means that your creditors cannot call you, continue with a lawsuit, repossess, sell, or foreclose on your property. With a few exceptions, you are completely protected by the bankruptcy and creditors must seek court permission before continuing their collection efforts.

If you are facing a repossession, you must choose a Chapter 13 bankruptcy in order to save the car. Your best bet is to file bankruptcy before the car is repossessed – if you do so, Lawrence & Associates can print a proof of bankruptcy filing for you that will prevent the repo man from taking your vehicle. Even if the car has been repossessed, you can get the car back if you file a Chapter 13 bankruptcy before the car is sold at auction. However, the timing of the auction is always in flux, so it can sometimes be difficult to get a bankruptcy filed and get notice to the lender before the auction occurs.

Hire Lawrence & Associates and Stop Repossession

Do you think your lender may try to take your car soon and you cannot afford to get caught up on your car payments? A bankruptcy may be your best option to stop repossession. Call Lawrence & Associates today! We’re Working Hard for the Working Class, and we can help you!

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