Legal Question in Insurance Law in Kentucky

My 19 year old daughter was involved in a car accident on November 4th.. The police report states that she failed to yield the right of way. She turned left in front of another vehicle at a yellow light but the driver of the other vehicle was arrested at the scene for DUI. The police officer at the scene said that we may have a chance to get her car repaired by his insurance since he was drunk and shouldn't have been on the road even though she was the one that failed to yield. I opened a claim with his insurance but they are not telling me anything except that they are trying to get ahold of their client. He did not notify them of the accident. It has been over a month and her car is in the tow yard building storage fees up. His insurance did go and look at her car and deemed it a total loss. Any advice on whether we should get a lawyer or should we just write off our losses?


Asked on 12/08/15, 10:50 am

1 Answer from Attorneys
Robert Morrin Morrin Law Office

If the other driver is convicted of DUI then he will likely be found to be somewhat at fault. From what you have stated in the question, there seems to be a reasonable chance that your daughter will also be somewhat at fault. Her recovery will be limited by the amount it is determined she was at fault.

Generally, if your daughter has had any medical expenses then you will want to retain an attorney. If she is sore then she should be checked by a physician and follow recommended treatment. A study conducted by the Insurance Research Council found that claimants represented by an attorney received 3.5X more than other similarly situated claimants who are not represented. Please let me know if there is anything we can do to help.

Thank you and good luck!

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Answered on 12/08/15, 11:57 am


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