How Does a Car Accident Settlement Work in Kentucky?

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Filing a Kentucky car accident claim can be confusing and overwhelming, especially when you are coping with the pain of significant injuries. Daily tasks can be stressful enough, not to mention the headache caused by dealing with insurance companies. An experienced personal injury attorney can deal with the insurance adjusters and handle the car accident settlement process. 

If you have questions about car accident claims and how to navigate the settlement process, seek the help of personal injury lawyers known for their Kentucky Courage. An experienced car accident attorney at Morgan, Collins, Yeast & Salyer can help you navigate the car accident settlement process. A personal injury lawyer can negotiate for maximum compensation and push back against aggressive tactics often used by insurance adjusters.

Kentucky’s No-Fault Car Insurance System

Kentucky has a no-fault car insurance system. Automobile owners in Kentucky have Personal Injury Protection no-fault coverage as part of their auto insurance unless they specifically decline the coverage. Under no-fault rules, when a car accident occurs, motorists turn first to their own car insurance provider to cover their medical expenses and a portion of their lost wages up to the policy limits regardless of who is at fault. 

Filing an Insurance Claim

The Kentucky car insurance claim process starts when you contact your insurance provider to inform them of an accident. Initiating a car accident claim can help you recover the money you need for your medical bills and other financial losses associated with the collision. 

To begin a claim, your insurance company needs information about the crash from you. Always keep your initial conversation with the insurance company brief, accurate, and factual. Only give a recorded statement once you consult with an experienced Kentucky car accident attorney.

Always report the accident to your insurer as soon as possible. Your policy should outline the deadline for filing a claim with your insurance company. Waiting too long to consult with an attorney can jeopardize your chances of recovering maximum compensation. It can also mean the vital evidence you need to bolster your claim can be lost or destroyed.

When Can You Sue in Kentucky?

Significant medical expenses can quickly exceed Kentucky’s minimum $10,000 no-fault policy limits. When can you sue an at-fault driver in Kentucky for the money you deserve? The answer depends on the circumstances of your accident.

If you have no-fault coverage, you may still file a personal injury lawsuit seeking compensation if your injuries are serious. In Kentucky, that means:

  • The accident caused more than $1,000 in medical expenses, or
  • The accident caused permanent disfigurement, permanent loss of bodily function, or significant bone fractures like the breaking of a weight-bearing bone.

Many personal injury cases are resolved with a car accident settlement without a trial.

Kentucky law gives you limited time to file a lawsuit. You must file your case within two years of the date of your car accident. Failure to file by this deadline means your case can face dismissal.

Comparative Negligence in Car Accident Cases

Sometimes, filing a personal injury lawsuit is the most effective way of recovering maximum compensation for significant medical injuries and financial losses. Kentucky has a pure comparative fault law for awarding compensation in personal injury cases. Pure comparative fault means your compensation is directly tied to your responsibility for causing a collision. 

If you are partly at fault, the court will reduce any compensation you are awarded in proportion to your share of fault for the crash. 

The pure comparative fault rule binds all court decisions. It also guides insurance adjusters when they are evaluating car accident claims and their overall value. Court cases and insurance claims rely on compelling evidence to establish fault and calculate the value of a victim’s losses. It’s important to work with personal injury attorneys who understand the types of evidence needed to pursue car accident cases.

The Settlement Negotiation Process

Insurance adjusters are paid to minimize the value of claims. Some companies offer bonuses to the adjusters based upon the amounts they underpay. Their goal is to keep profit margins high and payouts low. Unfortunately, insurance adjusters may rely on aggressive tactics designed to protect the company’s profit margins at the expense of the car accident victims. Can you be sure the insurance company is offering you a fair settlement? A knowledgeable personal injury lawyer can help you assess whether a proposed car accident settlement is fair.

Substantial evidence is the key to building a claim with the best chance of a car accident settlement to cover your losses. Gathering crucial evidence can be challenging without the help of a knowledgeable Kentucky car accident attorney. A personal injury attorney can investigate the collision, collect and preserve evidence, and tenaciously negotiate on your behalf to recover the money you deserve.

Get Help from an Experienced Kentucky Car Accident Attorney

Kentucky Car Accident Lawyers

Our Lexington personal injury attorneys at Morgan, Collins, Yeast & Salyer have the courage to fight for fair compensation for you in cases involving car accidents. We know it can be difficult to stand up for yourself if you are dealing with serious injuries. Our personal injury law firm is honored to help our fellow Kentuckians demand justice. We aren’t intimidated by the tactics of major insurance companies and go head-to-head with insurers to pursue the full and fair compensation you need. 

Contact our law firm today at (877) 809-5352 and request a free case evaluation. We have people available 24/7 to help you.

About the Author

The state motto of Kentucky is: “United we stand. Divided we fall.” That principle really guides the strength and Kentucky Courage™ of Morgan, Collins, Yeast & Salyer.