How Car Accident Compensation Works in Kentucky

Kentucky is considered a “choice no-fault” state when it comes to car accidents. That essentially means that a driver can choose between “fault” and “no-fault” options for car insurance. Drivers who choose the “no-fault” option would need to file a car accident claim with their own insurance company for any injuries suffered. But they can file a third-party claim if:

• Medical expenses for their injuries exceed $1,000
• They suffered a broken bone
• They suffered a permanent injury or disfigurement.

Drivers can opt to reject these limitations by filling out a no-fault rejection form and sending it to the Department of Insurance.

All drivers in the state are required by law to have car insurance. The minimum requirements for car insurance are sometimes referred to as 25/50/10, which means that all policies must have: 

• $25,000 for bodily injury to a single person
• $50,000 for bodily injury per accident
• $10,000 in property damage liability. 

Drivers who choose a no-fault policy must also carry at least $10,000 in personal injury protection (PIP) insurance. This covers the cost of injury-related expenses such as medical costs and lost wages. 

But medical expenses and other damages suffered in a car accident are often far greater than the minimum amounts of coverage. Drivers should consider paying for coverage with higher liability limits. 

There are also optional types of coverage available, including: 

• Collision – This pays for damage to your vehicle sustained during a car accident.
• Comprehensive – This pays for damage to your vehicle sustained as the result of vandalism, weather events, or natural disaster.
• Uninsured or underinsured motorist protection – This helps cover the cost of damages suffered in a car accident if the other driver does not have car insurance, or does not have enough.

If you have no-fault insurance, you would first file a car accident injury claim with your own insurance company, up to your policy limits. You can then file a third-party car accident claim with the negligent driver’s insurance company, provided you meet the criteria listed above. If you are a driver who rejected no-fault insurance, you would file a third-party claim. 

However, it’s important to keep in mind that insurance companies are not on your side. For example, they may argue you are not eligible to file a third-party claim. They may use other methods to try to limit your compensation. These methods include questioning the seriousness of your injuries and arguing that your injuries were pre-existing.

Another common tactic used by insurance companies to try to save money is to make a settlement offer shortly after the accident – an offer that falls far short of covering all of the damages that were suffered. 

You may also be blamed for causing the accident. That’s because Kentucky uses a “modified comparative negligence” system for determining financial compensation. If you are found to be 50% or more at fault for the crash, you are unable to recover any compensation. If you are found to be under 50% at fault, your total recovery will be reduced by your percentage of fault. 

Insurance companies have the advantage after a car accident. That’s why you need an experienced car accident lawyer who can take legal action on your behalf. 

An experienced attorney will have a thorough knowledge of Kentucky laws concerning car accidents and be familiar with insurance company tactics. A lawyer will also have the resources to investigate your accident. This involves gathering evidence, interviewing witnesses, and consulting accident reconstruction experts, if needed.

This allows your attorney to build a strong case for compensation, which can be used to negotiate a settlement that meets your needs. But if a settlement can’t be reached, a lawyer can help you file a lawsuit and fight for the compensation you deserve in court. 

If you were hurt in a crash, it’s important to get legal advice from a Kentucky car accident lawyer as soon as possible. You can learn about your legal options and get the information you need to decide what happens next during a free consultation.