While the term “accident” implies that no one is to blame, usually in a car accident, in the eyes of the law there are factors that make one party at fault or liable for the incident and any damage resulting from it.
However, the law in Kentucky is unique because the state has adopted a “no fault” insurance system, and the state also gives drivers the ability to opt out of that system and purchase traditional coverage.
When dealing with an automobile accident, it is essential to find an experienced Campbellsville car accident lawyer who understands the nuances of Kentucky law and how they apply to different situations.
No Fault Insurance
In a state like Kentucky, drivers with no fault insurance who suffer personal injury in a car accident must file a claim with their own insurance company, regardless of who might be at fault for the accident, for the first $10,000 of medical bills and lost wages.
However, if the accident resulted in serious injuries or medical expenses over a certain amount, the injured party can seek liability damages from another party in a legal action. An injured party may recover damages for “pain, suffering, mental anguish and inconvenience” if medical expenses exceed $1000. Your attorney can walk you through how to maximize the amount of compensation you receive for the damages you have suffered.
Statute of Limitations
If a party involved in a car wreck decides to file a claim or a lawsuit, it is important to pay attention to the deadlines the state has set in order to file your claim in time.
The laws require any lawsuit seeking recovery for personal injuries from a wreck to file a suit within two years of the incident causing the injury, or the last PIP payment. These periods are set by Kentucky’s statute of limitations, however, a Campbellsville car accident attorney can assist in meeting these deadlines to ensure you receive a fair and just settlement.
Kentucky follows a comparative negligence rule which divides financial responsibility among parties in accordance with the percentage of fault they are found to have.
For instance, if the driver of Vehicle A sues the driver of Vehicle B, the jury may find that the driver of Vehicle B was 80 percent at fault for speeding but the driver of Vehicle A is also partially to blame (20%) for failure to signal a lane change.
In that case, if the driver of Vehicle A suffered $10,000 in damages, the amount of their own responsibility would be subtracted, so the damage award would be reduced by 20 percent to $8,000.
How a Car Accident Lawyer Can Help
Because laws involving recovery for personal injuries and property damage caused by car accidents in Kentucky are so complicated, when an accident occurs, it is important to seek a Campbellsville car accident lawyer’s guidance as quickly as possible.
An attorney with knowledge of the applicable laws and the likely outcomes in different circumstances can help navigate the way through the process of obtaining a recovery.