Sorry to hear you were hurt. Generally you may be able to recover for your car damage and injuries even though you did not have a license, at that's how it is here in Washington state. This is also common is motorcycle accidents when a rider does not have an endorsement.
The reason is that as long as the negligence of some else caused the accident then you shouldn't suffer on a technicality like no driver's license. However, some states have rules that say if your at fault in anyway then you can't recover damages. So because of this you definitely need to talk to an experenced Kentucky car accideent lawyer asap. You need to find what specific rights you have in this situation.
Attorney Mike Schaffer has a free book that might help you. You can order it here: http://www.mikeschaferlaw.com/reports/the-seven-potholes-that-can-wreck-your-kentucky-accident-case.cfm
Best of luck,
Disclamer: This response is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Meyers strongly advises the questioner to privately confer with an attorney in their state in order to insure proper advice is received.
Yes. You should hire an attorney immediately. The fact that you are unlicensed does not preclude you from filing a lawsuit. Your girlfriend should report the collision to her insurance carrier.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
Hi, I'll take these one by one.
Being unlicensed is not relevant in Ky. as to who is at fault for an accident. You had permission to drive so I don't see a problem there.
The only way the other driver's insurance will pay to fix the car will be if it accepts liability. Before it will do that it will have to investigate the accident. In a who-ran-the-red-light case I wouldn't hold my breath. If they don't accept liability then your girlfriend will need to turn it into her own insurance company if she has collision coverage. If she doesn't then she's got nowhere to turn and will have to file suit against the other driver for the damage to her car.
Your girlfriend's insurance is responsible for paying for your ER visit and medical bills under her "no-fault" coverage. You need to contact that insurance company for a "PIP" application.
Yes, it helps that an eyewitness at the scene will testify that the other driver ran the red light. That witness is absolutely critical. If you can, get something from him or her in their own handwriting and guard it with your life.
Yes, it would be best if you hired an accident attorney who will help you greatly with all of these issues. Good luck!
Yes, get a Louisville personal injury lawyer to handle it. Avvo has a terrific "find a lawyer" tool to find a top-rated attorney with a low contingency fee.
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