Reader’s Question:

I was found to be at-fault in an accident and the other driver filed a claim against my Fayette, KY insurance company for property damage. He quoted about $5,000 that he said he lost in diminished value. Is there such a thing as “diminished value” claim that is payable under my auto insurance policy?

Chelsea

Fayette, KY

If you just heard about a “diminished value” claim, it does exist. This claim is based on the idea that any car that has been in an accident, regardless of how well the repairs are done, is worth less than the exact same car that hasn’t been in an accident.

The physical damage section of an auto insurance policy does not usually cover claims for a car’s “diminished value” after an accident. It applies to direct and accidental damage only. By definition, direct damage is the actual physical damage done to the car, not a loss in value.

This is the reason why some courts began to question this approach and ruled that since diminution in value was not specifically excluded by the terms of the policy, it was covered.

However, a diminished value claim is a liability claim for property damage and cannot be judged in the same light as a physical damage claim. Under a liability claim, the insurer agrees to pay damages for property damage for which the insured is legally responsible because of an auto accident. If you’re legally liable for the damages of the claimant, then whatever the amount for which you’re liable for is the amount the policy will pay. Be aware that it still is subject to the limit of liability amounts.

It’s always advisable to contact your insurance agent in Fayette, KY or your insurance company directly to have a further discussion regarding the terms of your policy.

Tags: auto insurance

Reader’s Question:

I have a 16 year old teenage son and I was wondering what grade point average he needs in the state of Kentucky to have car insurance?

Bill

Louisville, KY

I am not aware of that grade point average that someone has to carry in order to be able to have car insurance in KY. What I do know is that KY does have a form of the No Pass, No Drive law in Kentucky though that authorizes the Kentucky Transportation Cabinet to have administration regulations regarding a young or minor driver licensing applicant.

This administration regulation, requires participating schools to inform the Transportation Cabinet if a minor is academically deficient or withdraws from school. Therefore as a 16 or 17 year old and you drop out of a participating school or deemed to be deficient academically, you will lose your driver’s license.

Tags: Student car insurance, teen insurance, Young driver car insurance

Reader’s Question:

My daughter received a speeding ticket in Indiana and I am licensed in the Owensboro Kentucky. I would like to know if the state of Kentucky will be able to know about this? Will this affect her car insurance rate?

Jenny

Owensboro, KY

Kentucky and Indiana are both part of the Drivers License Compact which requires member states to report any offenses for other traffic violations back to the home state in which the individual was issued their license. Therefore the IN Bureau of Motor Vehicles or the court should notify the KY Transportation Cabinet of the speeding violation you received from a different state.

According to the Kentucky driver’s manual the KY Division of Driver Licensing keeps a record of all traffic violations on each driver licensed in KY. These driving records are based on traffic convictions reports, payment of fine, forfeiture of bail, with or without court appearances, which are forwarded to the Division of Driver Licensing by the courts throughout the US.

Your daughter may contact her auto insurance company to find out if this speeding ticket will increase her auto insurance rate.

Tags: car, car insurance rate, traffic violation

Reader’s Question:

I’m Gayle from Fayette, KY and had a recent car accident. I want to know what actions must I take after a car accident? Do I need to accept a settlement offer from the insurance company?

Gayle

Fayette, KY

Hi Gayle. Under the Kentucky law (KRS 189.635) you are required to call the police to report the accident if someone is harmed or injured; or one of the cars is rendered inoperable. If no police investigation is made and either the car suffers $500 or more in damage expense you must report the incident to the State Police within 10 days. Next, your car insurance company requires you to report the accident to your insurance company and fill out the appropriate forms.

As for your second question, the answer can be a Yes or a No. Car insurance companies in Fayette, KY are notorious for offering settlements that are far less than the injured party deserves. However, if the car insurance company is offering what you feel the car is worth, then you can accept it. It will also be advantageous if you consult an experienced lawyer that is knowledgeable on car accident laws. By contacting an auto accident injury lawyer you may be able to receive a much larger settlement than the car insurance company has offered.

Reader’s Question:

I need to know more about SR22 in Kentucky. I got convicted of DUI lately and I have a court order to file SR22. Hope you can help me.

Pat

Fayette, KY

Hello there, Pat.

I am glad you asked about SR22. A lot of people get convicted of DUI and would have trouble with their insurance…for it could eventually lead to higher insurance rates.
An SR22 is actually a form that serves like a tracker of the high-risk classified. This shows proof of insurance to the DMV. Unfortunately, it is inevitable that DUI’s and DWI’s will likely raise your car insurance premiums.

There are some cases when the rates go so high that the insured is unable to cover the costs. It will be the burden of the insurance company to inform the DVM that the high-risk driver or SR-22 carrier no longer holds auto insurance. You may verify from Kentucky DVM, but normally, SR-22 will last for 3-5 years. After this period, you will be able to experienced reduced car insurance premium may go down depending on how well your driving history has been.

There are some SR22 insurance companies online that offer services for filing SR22. They will not be judgmental about your situation because their ultimate goal is to get you an SR22 within the day so you will be able to drive again. You might want to try to shop online for these services are available at he click of your mouse.

Reader’s Question:

I would like to know if the state of Kentucky have free windshield replacement? And if so, what do I do to get it?

Sandra

The answer is Yes. You can get your windshield replacement meaning no deductible is paid, in Kentucky however you must have Kentucky comprehensive coverage on your car. If you only have liability coverage on your car you will have to pay to get your windshield replaced.

So if you have Kentucky based comprehensive insurance, the Kentucky laws state that your insurance carrier will waive the deductible for windshield repair or replacement, which means no out-of-pocket expense for you.

If your windshield has been broken or cracked so that it needs replaced or repaired then you should make a claim through the comprehensive portion of your car insurance policy.

Reader’s Question:

How long does an inexperienced motorists rate apply to insurance companies in Kentucky?

Jeff

Louisville, KY

Each insurance companies in Kentucky is different in their rating factors; this includes their insurance rates for inexperienced and young drivers. For some auto insurance companies it is three years for others it can be 5 to 9 years that an insurance company will term and rate someone as inexperienced.

Some companies do not look at the date that the driver was first licensed at all, but use their age as the only rating factor. When the age of the driver is the thing being looked at, typically a motorist under the age of 25 is considered inexperienced.

If you have just recently received your driver’s license you should shop around for car insurance to find the best insurance rates for your car and level of experience behind the wheel of it.

Reader’s Question:

I currently live with my father in Ohio and have my vehicle insured under his insurance. In a few months I am moving to Kentucky where I will be going to college. Can I stay on my fathers insurance, as that is where my permanent residency is or do I have to obtain my own insurance?

Kathy

Lexington-Fayette, KY

This differ from insurance provider to insurance provider. Most insurance carrier will continue to insure you on your father’s policy if you will be attending school in the same state. Other companies will continue to insure you if you attend school in another state. Some insurance companies will not insure you if you will be attending school in another state. Your father should contact his insurance agent or insurance carrier to determine what their guidelines are.

Reader’s Question:

If I received a DUI in California can I still obtain a driver’s license in Kentucky?

Marla

Louisville, KY

If you received a driving under the influence (DUI) conviction in California you might be able to obtain a driver’s license in Kentucky. Typically, a fist time DUI offense in CA has penalties such as jail time, vehicle impoundment, fines, license suspension for 6 months or more, and a completion of a DUI program.

If you have dealt with the penalties given to you for being convicted of the DUI in CA and have taken care of any licensing issues already regarding the DUI, then Kentucky would likely permit you to obtain a license.

According to the Kentucky Transportation Cabinet Division of Driver Licensing, they check the NDR to determine if a motorist’s driving privilege is suspended in other state prior to a license being issued. If a motorist is suspended, a KY license will not be issued until that suspension is no longer in effect.

Reader’s Question:

Can you explain what a Guest PIP in Kentucky is?

Richie

Louisville, KY

Guest PIP is a type of coverage that must be bought if basic PIP has been rejected by the insured’s listed on an insurance policy. The state of Kentucky is a “choice no-fault” and this means that a driver can choose to insure their car under the tort system or the no fault system.

According to the Kentucky Department of Insurance representative, in Kentucky when you buy auto liability coverage you also buy PIP coverage for you, your family and guest passengers (choose the no-fault system).

Usually, guests are defined as those in your car that are not immediate family members. Normally, additional PIP is not afforded to a policy that includes Guest PIP coverage only.