WHO IS LIABLE AFTER A CAR ACCIDENT IN KENTUCKY?
Feb. 8, 2019
A car accident can leave you reeling. Maybe the other car came out of nowhere, and you had no time to react. Perhaps you slammed on the brakes, but you could feel your car sliding. Or maybe the impact was so severe that you are not even sure exactly what happened.
Though accidents happen, it does not make a crash any less frightening. It can leave you with expensive car repairs, anxiety and significant medical bills. You may be wondering who will have to pay for everything after a vehicle accident. Here is what you need to know about Kentucky law regarding car crashes.
INSURANCE COVERS A CERTAIN AMOUNT
Kentucky is a no-fault state for car insurance. It means no matter who caused the accident, your insurance will cover it up to a certain amount. All drivers are required to carry personal injury protection insurance and bodily injury liability insurance to pay for expenses. Your insurance covers at least:
$25,000 per person for injuries
$50,000 for all people injured
$10,000 for damaged property
THERE WILL BE AN INVESTIGATION
The insurance company opens an investigation after an accident and then calculates damages based on the information provided. The insurance adjuster then typically makes you a settlement offer. You may feel the offer is fair, or it could seem a little low. The insurance company may even deny your claim. You can try appealing the decision with the insurance adjuster’s supervisor. Or you may decide you have grounds for a lawsuit.
A DRIVER CAN FILE SUIT IN CERTAIN SITUATIONS
Since you are covered under the no-fault system, there are only certain circumstances where a Kentucky driver can file a lawsuit when an accident occurs. You can file suit against the other driver, if:
You have at least $1,000 in medical bills.
You have a broken bone.
You were permanently disfigured.
You have a permanent injury.
The last reason a suit can be filed against the other party is if you passed away from the accident.
YOU HAVE LIMITED TIME TO FILE A CLAIM
You must file a personal injury lawsuit within a year of the accident. In Kentucky, there are no damage caps on what you can recover from your accident. You can recover damages for medical bills, replacement of your car and even pain and suffering.
The state also recognizes comparative negligence, so you may still recover damages even if you are found to be partly at fault for the crash. If you are more at fault, say 60 percent at fault, you could still recover the other 40 percent of the damages.
If you were injured in a vehicle accident and are unsure what to do, you may consider reaching out to an experienced personal injury attorney. An attorney can advise you of all your options and help you get the care you need to heal.