Imagine going for a Sunday drive in the country. The windows are down, there is not a cloud in the sky, and you let the stress of the prior week fade away while you drive down scenic winding roads. What happens if things go wrong on your drive? What if another driver comes around the curve too fast and you cannot avoid an accident?
Do you know what steps to take to ensure your medical expenses are covered? What about the money you will lose for missing work? Knowing what to expect after a serious car accident will help you navigate the system so that you can get the compensation and medical care you need.
Filing an injury claim can often be a very complicated process. Instead of trying to deal with the insurance company on your own, enlist the help of an experienced attorney in the Pikeville area. Read further for more information on car accident laws in Kentucky.
The state of Kentucky follows a “no fault” system for people that file insurance claims. However, there are certain criteria that must be met for the claim to be successful. For instance, your medical bills have to be more than $1,000 or the accident must have resulted in a fractured bone or disfigurement.
Pure comparative negligence
If your case ends up in a courtroom, the principle of “pure comparative negligence” will come into play. This means that the judge will look at the details of the case and determine the fault of each driver involved. If the court decides that you were 10 percent at fault for the accident, then the judge will reduce your award by 10 percent. If the judge determines that you were 90 percent at fault, then the court will reduce the amount by 90 percent. Most states will grant nothing if a driver is more than 50 percent at fault, but Kentucky does use such limits.
Damages and limitations
In general, there are two kinds of damages: economic and non-economic. Economic damages include medical expenses, lost wages and the damage to your car. Non-economic damages cover pain and suffering, mental distress and payments calculated for permanent injuries or disabilities.
Fortunately, Kentucky does not place a limit on the damages the court might award. While there are no monetary caps, there are time limitations for filing your claim. After an accident, you have one year to file a claim for your injuries and two years to file a claim for the damage to your vehicle or other property.
If you or a loved one has been involved in a car accident, you might be able to take legal action. Do not let the insurance company deny your claim for medical expenses and other damages.