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Kentucky Accidents Where Driver is Arrested

By Kaufman and Stigger on

When a car is involved in an accident and the driver or the occupants are arrested for something illegal found in the car, there are several questions that can arise. Many times the victim in the other car wants to know if this will impact their ability to get compensation. Is their insurance company going to deny the claim because the other driver was transporting drugs or something else illegal? If the other driver goes to jail, how will that affect the claim for compensation?

Drugs and Paraphernalia Found in Car involved in Serious Accident

Two people were taken to a hospital—one by helicopter—after a vehicle crossed over the center line and hit another car head-on. According to the Wayne County Sheriff’s Office, the accident happened on KY Highway 1275 around 3.p.m. on Saturday, March 7, 2020.

Deputies found two illegal narcotic substances and some undefined drug paraphernalia in the car that crossed the center line. Police say charges are pending, and the investigation is still underway.

Criminal Activity and Insurance Policies

There is some criminal activity that will prevent the driver from being covered by their own insurance policy. The most common of these is when someone is driving a stolen car and hits another person and injures them. Normally the negligent driver’s insurance would cover the damages, but if the driver stole the vehicle, then their insurance company won’t pay out.

This is because of a rule in most states that keeps insurance companies from insuring illegal activity.

So What about Drugs and Alcohol?

Under most policies, the insurance policy will cover a driver if they are impaired by drugs or alcohol and injure someone. In these cases, the illegal activity wasn’t planned in the same way stealing a car is. Also, state governments would rather have those injured by a drunk driver covered for their losses rather than having even more piled on them.

What about possession and other drug charges? On its face, it seems like this should be on the same vein as driving a stolen car. However, the vast majority of insurance companies haven’t excluded that in their policy, so they will pay for damages someone causes if they are also carrying an illegal substance.

What Do I Do if I’m Hit by Someone Committing a Crime?

The best thing to do is to talk to an attorney. If the other driver is in jail or has pending charges for drugs or other illegal activity, then your attorney will know how to serve them and how to deal with their insurance company.

If you try to go it alone, the insurance company could tell you just about anything to keep from having to pay compensation, including that since drugs were involved, then they don’t have to pay.

Contact a Louisville Personal Injury Attorney Today

Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field. Talk to someone you can trust to be on your side and get you what is yours under the law.

The attorneys at Kaufman &  Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.

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