The Law Office of Todd W. Burris understands how difficult it can be to manage all the logistics of a car accident when you should be focusing on recovery. We’re here to help you understand Kentucky’s car accident laws and find ways to ease your financial burden, so you can focus on what matters most.
If you’ve been involved in car wreck in Kentucky, we compiled a list of some of the most important information you need to know about car accident laws in our state, how to report an accident, and how to begin a legal settlement if you choose to.
What Do I Do Immediately After a Car Accident?
Address Medical Concerns First. Call 911. If you are in a condition to move your vehicle and it will move, get it out of the way of any incoming traffic. Assess the situation by evaluating your own wellbeing and wellbeing of other motorists, passengers, or pedestrians. Make sure the police are notified as well so an accident report can be started.
Exchange Information. In Kentucky, you are required to provide and receive the following information to and from any other parties involved in the accident:
- Name, address, and contact information
- Driver license number
- License plate number of the vehicles involved
- Auto insurance information for the motorists involved
Filing an Accident Report. You will need to report the accident to the state police, under certain circumstances, as well as your insurance company.
How Do I Report a Car Accident in Kentucky?
Reporting an Accident to the Kentucky State Police. You must file a written accident report to the Kentucky State Police within 10 days of the accident if you think the damage to your vehicle will exceed $500 or if the car accident resulted in injury or death.
Reporting an Accident to Your Insurance Company. Notify your insurance company of the accident as soon as possible so they can submit your claim and start your compensation process. You will need to include some or all of the following information in your report:
- Contact information, including the names, addresses, and telephone numbers of all people involved, including passengers
- Contact information for the car insurance companies for each driver
- Driver’s license numbers and birth dates of all drivers involved
- Makes, models, and years of the vehicles involved
- Registration and license plate numbers for all involved vehicles, as well as the state in which the vehicles are registered
- Vehicle damage and estimated repair costs
How Do Car Accident Claims and Settlements Work in Kentucky?
Kentucky is a “No-Fault” Car Insurance State.
The “No-Fault” system means your insurance company will pay your injury claim up to a specific limit. Under the no-fault system, drivers give up their rights to sue and be sued. You can’t sue another driver unless the accident results in at least $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death.
You can opt out of the no-fault system by filing special paperwork. This means you will have the ability to sue, but also the ability to be sued.
What damages can be recovered?
In Kentucky, there are no car accident damages caps. You can recover both economic and noneconomic damages. These may include medical expenses, lost wages, property damages, car rental, out of pocket expenses, physical pain and suffering, or emotional pain and suffering.
What Is the Average Car Accident Settlement in Kentucky?
Most car accidents in Kentucky are resolved with the insurance company or during settlement negotiations. They rarely go to trial.
Kentucky allows drivers to recover damages even if they were more at fault than the other party through the pure comparative negligence rule. Either driver can sue to recover damages. If you are found to be at fault for 20 percent of the accident, you can sue to recover 80 percent of the total damages. The more at-fault party would be able to sue to recover the other 20 percent.
How Long Do I Have to File a Car Accident Lawsuit in Kentucky?
After an accident, you have one year to file a personal injury lawsuit and two years to file for property damage. The time starts on the date of the accident.
When Should I Consult a Lawyer?
Unfortunately, not every automobile accident can be resolved easily or peacefully. Kentucky’s no-fault system can complicate things, and insurance companies don’t always offer a fair settlement. If you believe you are being inadequately compensated or are simply looking for a free consultation, contact us today.