How is fault determined in Kentucky?
The moment of panic has passed, the scene has been serviced, the injured rushed to the hospital, and the accident reported to the authorities and insurance companies. What now? Who was responsible, and who owes whom?
No Fault SystemIt’s important to note that if you’ve been in a car accident in Kentucky, you’re participating in a no-fault system in regard to insurance and settlements. Drivers in Kentucky, who don’t reject the no-fault system in writing and properly filed, give up their right to sue or be sued, unless the accident results in one or more of the following: 1) $1000 or more in medical expenses, 2) permanent disfigurement or injury, 3) broken bone(s), or 4) death. As a result, your insurance will cover injury claims up to a specified limit, usually $10,000.00. Drivers are obligated to carry basic personal injury protection coverage (PIP) on all motor vehicles (excluding motorcycles), as well as bodily injury liability insurance.
Two Year LimitThe negotiations, interviews, and investigations all begin when you file your claim unless the wreck was severe enough that the insurance company has already sent their investigator. Insurance companies will review the damages and pay out a claim settlement accordingly. You can provide more information or file a lawsuit if you believe the settlement amount does not adequately reflect damages or if it was denied outright; it’s helpful to get a professional opinion about whether or not the amount offered by the insurance company adequately compensates you under Kentucky law because almost all insurance companies have a bad habit of paying pennies on the dollar of what should be paid if a claimant is representing themselves. Most accident cases are resolved at these stages. Kentucky has no cap on damages for personal injury and car accident cases. However, there is a two-year time limit from the date of the accident on how long one has to file an injury case in a motor vehicle accident.
Seek Professional HelpFinally, car accidents in Kentucky are susceptible to the pure comparative negligence rule, which allows both parties to recover damages, even the offending party. This can leave you open to liability even as the clear victim of a collision. Working with an experienced car accident lawyer in Kentucky can help you navigate the complex systems of insurance, hospital records and billing, and the law.