MISCONCEPTIONS ABOUT CAR ACCIDENT CLAIMS IN KENTUCKY
March 16, 2022
If you or someone you love has been injured in a car accident recently, you’re likely feeling overwhelmed as you navigate the long road to recovery. Unfortunately, these kinds of accidents happen all too often. Each year in Bullitt County alone, 1,685 traffic collisions result in 473 injuries, and most people do not know what to do afterward. Many misconceptions are floating around about car accident claims, and it’s essential you know the truth so you can pursue the compensation you deserve.
At the Law Offices of John Schmidt & Associates PLLC, we can walk you through this process and give you all the tools you need to make informed choices about your claim. We’re located in Shepherdsville, Kentucky but can serve those throughout the area of Louisville, Elizabethtown, Jeffersontown, Mount Washington, and Radcliff.
5 Misconceptions about Car Accident Claims
It’s Always the At-Fault Driver’s Insurance That Pays For Damages and Injuries
This isn’t always true. Kentucky is known as a no-fault state, which means that both drivers can make claims with their car insurance providers, regardless of whose fault the accident was. By law, all drivers must carry Personal Injury Protection (PIP); and it will generally cover your initial medical bills. However, this compensation is often not enough to cover all your expenses, so you may need to seek compensation elsewhere if your injuries and or the damage to your car is extensive.
Since Kentucky Is a No-Fault Insurance State, I Can’t Seek Compensation From the At-Fault Driver.
Not true, although it will depend on the extent of your injuries. State law requires that you first file a claim with your provider and use up your PIP coverage. In Kentucky, the minimum coverage required is $10,000 for medical expenses; and this can quickly get eaten up by bills. If your expenses go beyond this, you can generally file a claim against the at-fault party to seek further compensation.
If the Accident Is Minor, It’s Not Necessary to File a Police Report.
It’s always a good idea to file a police report after an accident. This documentation could help you down the road if you need to pursue an insurance claim or personal injury claim. In Kentucky, you’re legally required to file a report within ten days after an accident if the damages are more than $500 or if someone is injured. Because the extent of the damage to your car or your physical health is not always clear, it’s best to always file a report. It doesn’t take much to reach $500 in damages, even with just a dented bumper.
I Was Partially At-Fault For the Accident, so I Can’t File a Personal Injury Claim.
Kentucky allows drivers to share fault in an accident and operates under a pure comparative fault rule. This means that each driver will only be responsible for their proportion of fault. For example, if it’s found that you were 80% at fault, you can still collect 20% compensation from the other driver.
I Don’t Need to Hire an Attorney to File a Personal Injury Claim.
Indeed, you don’t need a lawyer to file a claim; however, a personal injury attorney can help facilitate the process and negotiate with insurance to get you a higher pay-out. They’ll also be well-versed in state and local laws and have a comprehensive understanding of personal injury law, which can help you build a stronger case.
Getting the Experienced Legal Help You Need
Nobody should have to go through the challenging process of recovering from an accident alone, and you deserve to get the compensation you need after being injured. If you’re in Shepherdsville, Kentucky, and would like to speak with one of our attorneys, call the Law Offices of John Schmidt & Associates PLLC today to schedule a consultation. Our team proudly serves clients also in Louisville, Elizabethtown, Jeffersontown, Mount Washington, and Radcliff, Kentucky.