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.