Nic asked in Politics & GovernmentLaw & Ethics · 2 months ago

Can someone help me get a lawyer or should I just go ahead and sign these papers?

I hit a cow October 2nd in KY. Killed the cow and killed my car. (Kentucky is a completely closed range state) Now, this car was a 2020, had 28 miles on it when I got it and only had it for four months. I’ve missed two days of work because it messed me up quite a bit mentally. I wasn’t injured physically. I’ve also missed two MORE days of work cause I couldn’t find a ride to work. I’ve been told by everyone that I come across that I need a lawyer. I had full coverage. State Farm says the farmer is responsible for everything but they’re not gonna get me put into something else. They’re just worried about getting done with the dead vehicle. And I have gap insurance which I haven’t signed off on yet because I was told not to sign anything until I get a lawyer. Something about pain and suffering, depreciation value, loss of wages. I don’t have the money to put a down deposit on another vehicle and my credit is absolutely terrible. I already went through HELL to get the car to begin with cause my grandmother (who lives five hours away) had to co-sign in order for me to get it. Her and I were stressed out beyond belief for a good month or two because of it. 

I’m not asking for a lot. I literally just want to be where I was before the cow entered the road. With a working vehicle, for one. If I think of anymore information, I’ll add to this (if I can). I know I was told that it’d have to be a KY lawyer since it happened in KY. Not sure how accurate that is, though. 

Update:

Can someone help me find a lawyer that will take my case or should I just go ahead and sign these papers???

3 Answers

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  • 2 months ago

    Everyone and State Farm are mistaken.  The cow is not at fault for the damage to your car, you are, the same way it would be if you hit a deer.  The farmers negligence that led to the wandering cow only alleviates your responsibility to the cow's demise.  But go ahead and find a Kentucky lawyer to explain it to you.

    Sign the papers.  I am sure you would love to return to whole, but when you are at fault that isn't likely to happen even with full coverage due to depreciation that occurs the moment you drive off the car lot and the fact you will likely be required to pay a deductible.  Sorry

  • ?
    Lv 7
    2 months ago

    Usually you need to file suit in the jurisdiction where the incident occurred.  So you will need a local Kentucky lawyer if you want to sue the farmer.  If you have full coverage with State Farm it's up to them to pay your damages (according to the policy you have with them) and then go after the farmer to recoup their damages.  That's what insurance does.  It's not up to you to sue the farmer for your car damage.  Now you will be paid for the value of the car according to the blue book listing.  Sadly that doesn't always mean full value.  Read your insurance policy and it is probably arguable that a car with 28 miles on it is brand new and full replacement cost should be paid.  But whatever language written into your policy is what you will  receive and what you agreed to when you bought the policy.  You're not going to get anything for pain and suffering unless you were injured and a doctor will testify to that.  You're not going to get anything for stress either unless you can show that it damaged you.  Got a mental health professional who will sign off on that?  If your insurance covers lost wages they should pay off on that and go after the farmer.  If you don't have that kind of coverage you're probably out of luck.  I don't see a local  lawyer taking a case to sue a farmer for what really would be peanuts to them.  Sorry, but life is cruel.   I do agree that you should sign NOTHING until you let a lawyer read it over and explain exactly what you are signing.  You can use a local home town guy for that.  It is unfortunate but that's the way auto insurance works.  By the way, how did you buy a brand new car, drive out of state to make a cow into hamburger and only have 28 miles on the car?

  • 2 months ago

    Your fault for not having rental vehicle coverage on your auto policy. If you had it, State farm would have you in a vehicle. I have State Farm and I have that coverage.

    Yes, you need a lawyer licensed to practice in the state of Kentucky.

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