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When a car accident is the other driver's fault

Individuals in Kentucky who are in a car accident in which another driver is at fault should take several steps immediately. They should document the accident with photos if possible and get the other driver's insurance information. They should then contact both the other insurance company and their own.

While police will determine fault, it is possible that the other driver might lie or their insurance company may come to a conclusion that contradicts the police report. In such a case, the other insurance company might fight that denial or might pay the individual's expenses if they have collision insurance.

Individuals should make sure that they get confirmation that the other driver's insurance company has accepted liability before getting their car repaired. Otherwise, they may find that the company will not pay. There may be additional complications if either car is a rental. Insurance companies do have caps on how much they will pay out on insurance claims.

Due to the many complications around insurance issues, individuals who are injured in an automobile accident may wish to consult an attorney as soon as possible. Insurance companies may offer a minimal amount, and an individual might have high medical bills as well as missing work during recovery. An automobile accident can leave an individual temporarily or permanently disabled. Having an attorney's advice early on may keep an individual from accepting an offer that is too low.

The injured individual might choose to file a civil suit against the driver. The burden of proof in civil court is lower than in a criminal court, so if there has been an unsuccessful criminal case or none at all, the civil case may still be successful.

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