Deceptive Street Accident Defense

Summary

The deceptive appearance of a street could influence a car accident case, even if fault is accepted. Documenting evidence and reporting to local authorities is crucial. IRAs generally offer protection from creditors, while CDs and other accounts may not. The statute of limitations for personal injury in Kentucky is one year, with exceptions for minors and mental incapacity. Subrogation includes medical bills and car damages, and the other party can still sue later. Irrevocable trusts offer better protection from lawsuits, but timing is critical. Damages in personal injury cases can exceed policy limits, covering medical expenses, lost wages, and pain and suffering. Consulting a local attorney is advisable for tailored advice.

Full Conversation

Dad was in a car accident and he missed the stop sign. However the street was very deceiving and looked more like a thourgh fare from a distance. we have accepted fault of the accident. Could this help our case down the road if the other party tries to sue?
Hi ****,
Thank you for sharing the details. Whether the deceptive appearance of the street could help your case depends on several factors, including local traffic laws and road conditions.
Have you reported the deceptive street design to local authorities or gathered any evidence (photos, witness statements)?
We have photos and videos of the street and how deceiving it is
Hi ****,
Thank you for providing the details. While accepting fault may impact the case, the deceptive street design could still play a role. Here are some steps you might consider:
- Report the street design to local authorities.
- Document evidence thoroughly.
- Consult with a local attorney specializing in traffic accidents.
Would you like information on contacting local authorities or finding a traffic accident attorney in Kentucky?
Also to protect our assets, his money is in three different accounts. And IRA, a CD, and something else. Do we need to move all monies into the IRA to protect his money?
Hi ****,
Thank you for your patience. Regarding asset protection, it's crucial to understand the nature of each account. IRAs have certain protections under federal and state law, but the best strategy depends on the specific accounts and circumstances.
- Kentucky law provides certain protections for IRAs in bankruptcy.
- CDs and other accounts might have different protections.
Would you like to know more about the specific protections for these accounts under Kentucky law?
are they protected against lawsuits?
Hi ****,
Thank you for your patience. Regarding asset protection from lawsuits, here are some general points under Kentucky law:
- **IRAs**: Generally protected from creditors in bankruptcy.
- **CDs and Other Accounts**: Typically not protected to the same extent, depending on individual circumstances and state exemptions.
Would you like more detailed information on Kentucky's asset protection laws?
How long do they have to file?
Hi ****,
In Kentucky, the statute of limitations for filing a personal injury lawsuit, such as one resulting from a car accident, is generally **one year** from the date of the accident.
Would you like more detailed information on how the statute of limitations might apply to your specific situation?
yes
Hi ****,
Here are some details on the statute of limitations in Kentucky for personal injury cases:
- **General Rule**: One year from the date of the accident.
- **Exceptions**: Certain factors may extend or shorten this period.
Would you like more information on specific exceptions or how to proceed with your case?
what factors extend
Hi ****,
Several factors can extend the statute of limitations for personal injury cases in Kentucky, such as:
- **Discovery Rule**: If the injury wasn't discovered immediately.
- **Minor Status**: If the injured party is a minor, the period may extend until they turn *.
- **Mental Incapacity**: If the injured party is mentally incapacitated.
Would you like more information on any of these exceptions?
the other party declined being seen medically at the scene
Hi ****,
Thank you for providing that information. The fact that the other party declined medical attention at the scene could potentially impact their claim later on. However, it doesn't automatically negate their right to sue. Here are some points to consider:
- Document the refusal of medical attention.
- Gather any witness statements about the refusal.
- Continue documenting all other relevant evidence.
Would you like further details on how this might affect a potential lawsuit?
Yes but she didn't look injured at all. But I understand injuries can surface later
Hi ****,
It's good that you understand injuries can sometimes manifest later. Here are some steps you might consider:
- **Document Everything**: Keep detailed records of all interactions, including the refusal of medical attention.
- **Stay Updated**: Monitor if the other party seeks medical treatment later.
- **Consult an Attorney**: A local attorney can provide specific advice based on your situation.
Would you like help finding a traffic accident attorney in Kentucky?
How would I know she were to seek medical treatment later
Hi ****,
You can monitor if the other party seeks medical treatment later by:
- **Checking Updates**: Stay in touch with your insurance company; they often receive updates on medical claims.
- **Requesting Records**: Request updates from your attorney regarding any new developments in the case.
- **Communication**: If possible, maintain open communication with the other party or their legal representative.
Would you like help finding a traffic accident attorney in Kentucky to assist with your case?
Ok would these updates be in my online portal?
Hi ****,
Yes, these updates should typically be available in your online portal if you are using a legal service platform that provides such features. Here are a few steps to ensure you have access:
*. **Log in**: Access your account on the service provider's website or app.
*. **Check Notifications**: Look for notifications or messages regarding updates.
*. **Contact Support**: If you can't find the updates, reach out to the platform's customer support for assistance.
Would you like more information on how to contact your legal service provider's support team?
I meant my usaa portal
Hi ****,
Thank you for clarifying. To check updates on your USAA portal, follow these steps:
*. **Log In**: Access your USAA account at www.usaa.com.
*. **Claims Section**: Navigate to the claims section to see updates on your case.
*. **Notifications**: Check for any notifications or messages.
*. **Contact Support**: If needed, contact USAA customer support for assistance.
Would you like more details on how to navigate the USAA portal?
Would details of the other driver be in my ussaa portal?
Hi ****,
Typically, details of the other driver should be available in your USAA portal under the claims section. Here’s how to check:
*. **Log In**: Access your USAA account at www.usaa.com.
*. **Claims Section**: Navigate to the claims section.
*. **Claim Details**: Look for information related to the other driver.
Would you like more guidance on navigating the USAA portal?
yes
Hi ****,
To navigate the USAA portal and find details of the other driver, follow these steps:
*. **Log In**: Access your USAA account at [www.usaa.com](https://www.usaa.com).
*. **Claims Section**: Navigate to the "Claims" section.
*. **Claim Details**: Look for the specific claim related to the accident.
*. **Driver Details**: Check the claim summary for information about the other driver.
Would you like more detailed instructions or help with anything else?
Would details about damages to her car be in there as well? There is nothing about the other driver in there
Hi ****,
Typically, the USAA portal includes details about damages to both vehicles involved in the accident. Here’s how you can check:
*. **Log In**: Access your USAA account at [www.usaa.com](https://www.usaa.com).
*. **Claims Section**: Navigate to the "Claims" section.
*. **Claim Details**: Look for the specific claim related to the accident.
*. **Damage Assessment**: Check the claim summary or documents for damage details.
Would you like more detailed instructions on how to find this information?
There is nothing about the other driver. Is she just going through her insurance possibly then?
Hi ****,
It's possible that the other driver is handling the claim through their own insurance. Here are a few points to consider:
- **Contact USAA**: Reach out to USAA directly to confirm if they have received any updates from the other driver's insurance.
- **Wait for Updates**: Sometimes it takes time for details to be added to the claim.
- **Communication**: Maintain open communication with USAA for any new information.
Would you like more guidance on how to contact USAA or any other assistance?
Even though we are at fault, the other driver could just go through her own insurance to help with the damages
Hi ****,
Yes, the other driver can choose to go through her own insurance for damages, even if you are at fault. Her insurance company may then seek reimbursement from your insurance. Here are a few points to consider:
- **Subrogation**: Her insurance might pursue your insurance for costs.
- **Claims Process**: Inform USAA about any updates from her insurance.
Would you like more information on the subrogation process or help with anything else?
WIll will be bothered with all of that or will our insurance handle everything from here on out
Hi ****,
Generally, your insurance will handle the subrogation process and any related claims with the other driver’s insurance. Here’s what you can expect:
- **Claims Management**: USAA will coordinate with the other insurance company.
- **Communication**: USAA may contact you for additional information if needed.
Would you like more information on what to expect from USAA during this process?
Will they communicate with us if a lawsuit is filed later? USAA?
Hi ****,
Yes, USAA will typically communicate with you if a lawsuit is filed later. They will handle the legal proceedings on your behalf and keep you informed about any necessary steps or updates.
Would you like more information on what to expect if a lawsuit is filed?
yes
Hi ****,
If a lawsuit is filed, here's what you can expect from USAA:
- **Notification**: USAA will inform you promptly about the lawsuit.
- **Legal Representation**: They will provide legal representation and manage court proceedings.
- **Updates**: They will keep you updated on the case's progress and any necessary actions.
Would you like more detailed information on any specific aspect of this process?
How soon would we know about subgrogation
Hi ****,
Subrogation can take some time, depending on the complexity of the case. Generally, the process involves:
- **Initial Assessment**: Your insurance company (USAA) will assess the damages and fault.
- **Claims Filing**: The other driver's insurance will file a subrogation claim.
- **Resolution**: Communication between the insurance companies to resolve the claim.
Would you like more details on any specific step of the subrogation process?
Yes
Hi ****,
To provide more details on the subrogation process:
*. **Initial Assessment**:
- USAA will assess the accident, damages, and fault.

*. **Claims Filing**:
- The other driver's insurance will file a subrogation claim against USAA.
*. **Resolution**:
- Both insurance companies will communicate and negotiate to settle the claim.
Would you like more detailed information on any specific step?
This will include all medical bills, car damages, ect?
Hi ****,
Yes, subrogation generally includes all costs related to the accident, such as:
- Medical bills
- Car damages
- Other related expenses
Your insurance (USAA) will handle these claims against the other driver's insurance.
Would you like more information on any specific aspect of this process?
They can still sue at a later date after all this?
Hi ****,
Yes, the other party can still sue at a later date even after subrogation. In Kentucky, the statute of limitations for personal injury lawsuits is generally one year from the date of the accident.
Would you like more information on how to prepare for a potential lawsuit?
We bought umbrella protection but that won't protect us since we bought it after the incident correct?
Hi ****,
Generally, insurance policies, including umbrella coverage, do not apply retroactively to incidents that occurred before the policy was purchased. Therefore, your umbrella protection likely won't cover the accident that happened before you bought it.
Would you like more information on how to protect your assets moving forward?
yes
Hi ****,
Here are some general points on how to protect your assets moving forward:
- **Review Existing Policies**: Ensure your current insurance policies provide adequate coverage.
- **Consider Additional Coverage**: Look into purchasing additional liability or umbrella insurance for future protection.
- **Asset Structuring**: Consult with a financial advisor or attorney to structure your assets in a way that offers protection, such as trusts.
Would you like more detailed information on any of these points?
We have increased all policy limits and bought umbrella protection.
Hi ****,
It's great that you've increased policy limits and bought umbrella protection. Here are some tips on protecting your assets moving forward:
- **Review and Update Policies**: Regularly review your insurance policies to ensure they provide adequate coverage.
- **Asset Structuring**: Consult a financial advisor or attorney to structure assets for better protection.
- **Maintain Documentation**: Keep detailed records of all transactions and communications related to your assets.
Would you like more detailed guidance on any specific aspect?
Should we put all monies in a trust?
Hi ****,
Setting up a trust can be an effective way to protect assets, but it depends on your specific circumstances. Here are some general points to consider:
- **Types of Trusts**: Different trusts offer varying levels of protection and control.
- **Revocable vs. Irrevocable**: Irrevocable trusts generally provide better protection from creditors.
- **Legal Advice**: Consulting a local attorney specializing in estate planning can provide tailored advice.
Would you like more information on different types of trusts or how to set one up in Kentucky?
Do trusts protect against lawsuits like this one potentially?
Hi ****,
Trusts, particularly irrevocable trusts, can offer protection against certain lawsuits by keeping assets out of reach of creditors. Here are some general points:
- **Irrevocable Trusts**: Offer better protection as assets are no longer in your direct control.
- **Revocable Trusts**: Generally, do not offer protection from creditors.
Would you like more detailed information on setting up an irrevocable trust in Kentucky?
Yes
Hi ****,
Here's some detailed information on setting up an irrevocable trust in Kentucky to protect your assets:
- **Consult an Attorney**: It's crucial to work with a local attorney specializing in estate planning.
- **Trust Structure**: Decide on the terms, beneficiaries, and trustee.
- **Transfer Assets**: Move the assets you want to protect into the trust.
- **Documentation**: Ensure all legal documents are correctly drafted and signed.
Would you like recommendations for estate planning attorneys in Kentucky?
So if the other driver were to sue, they couldn't because we mmoved all our assests into a trust?
Hi ****,
Moving assets into an irrevocable trust can offer some protection against lawsuits, but it doesn’t make you completely immune:
- **Irrevocable Trusts**: Assets in these trusts are generally protected from creditors.
- **Timing**: Assets moved after the incident could be scrutinized for fraudulent transfer.
- **Consultation**: It's essential to consult a local attorney to ensure proper asset protection.
Would you like more detailed guidance on this?
Oh so we can't do it after the incident?
Hi ****,
Generally, transferring assets to an irrevocable trust after an incident can be viewed as a fraudulent conveyance and may not offer the protection you seek. Here are some points to consider:
- **Timing**: Transfers made with the intent to hinder, delay, or defraud creditors can be challenged.
- **Consult an Attorney**: Seek legal advice for other asset protection strategies.
Would you like more information on alternative asset protection methods?
why would someone need more than *, * of what our policy offers good god
why would someone need more than what our policy would reward them? I50, * would seem suffice?
Hi ****,
I understand your frustration. The other party might seek more than $*,* if their damages exceed that amount, including medical bills, lost wages, and pain and suffering.
Would you like more information on how damages are calculated in personal injury cases in Kentucky?
yes
Hi ****,
In Kentucky, damages in personal injury cases can include:
- **Medical Expenses**: Current and future medical bills.
- **Lost Wages**: Compensation for lost income.
- **Pain and Suffering**: Non-economic damages for physical and emotional distress.
- **Property Damage**: Costs to repair or replace damaged property.
Would you like more detailed information on any specific type of damages?
But if dad wasn't wreckless or grossly negligent how can they do this?
Hi ****,
Even if your dad wasn't reckless or grossly negligent, a claim can still be made based on ordinary negligence. Here are some points to consider:
- **Negligence**: Missing a stop sign can be considered negligent driving.
- **Damages**: The other party can claim compensation if they can prove your dad's negligence caused their damages.
- **Legal Process**: It’s important to consult an attorney for a thorough defense.
Would you like guidance on finding a local attorney in Kentucky?
The street was very deceiving and could not tell an intersection was ahead
Hi ****,
Thank you for sharing that important detail. The deceptive street design could be a significant factor in your case. Here are some steps you might consider:
- **Document Evidence**: Ensure all photos and videos clearly show the deceiving nature of the street.
- **Report to Authorities**: Submit a report to local traffic authorities about the street design.
- **Consult an Attorney**: A local traffic accident attorney can provide specific guidance.
Would you like more information on finding a traffic accident attorney in Kentucky?
ok thanks so much
You're welcome, ****. If you have any more questions or need further assistance, feel free to reach out. Good luck with everything!