When you (and family or friends) are injured in a car accident in Kentucky, you file a claim with your insurance company, which then forwards it to the negligent driver’s insurer. If that driver’s carrier is not offering a reasonable, fair settlement amount that will pay for all the damages you’ve suffered, a lawsuit to recover the balance may ultimately be appropriate.
The only true reason to file a car accident lawsuit is for the money to pay for all the damages you’ve suffered. You and your family need it to cover ALL of your medical bills, lost income, pain and suffering and other damages suffered – not just some of them. After all, you didn’t ask to be hit by this negligent driver.
Kentucky is a “no-fault” insurance state, which could limit your right to sue the negligent driver. So there are some restrictions that might affect your right to sue and what you might collect. In order to sue someone after a car accident in Kentucky, you must have at least $1,000 in medical expenses or have suffered any one of the following;
- A broken bone
- Loss of a bodily function
- Disfigurement
- Amputation
- Permanent injury
- Wrongful death.
“No fault” also means your motor vehicle liability policy includes coverage to pay the first $10,000 of your medical bills and lost wages arising from your accident – regardless of who was at fault.
Most Lawsuits Arise When Both Insurers’ Coverage Doesn’t Meet Injured Victims’ Needs
Let’s say the driver who hit you has just the minimum insurance coverage required by law ($25,000 bodily injury per person per accident, $50,000 bodily injury for all persons per accident, $10,000 property damage) and your damage claim clearly exceeds that driver’s policy limits. Ideally, and depending on your insurance coverage amounts and types, you might make up the difference there.
Since your insurer is the one who is technically going after the negligent driver to compensate you, your reasonable demands will likely be met – but to the extent of THEIR customer’s policy limits. Then your coverage kicks in to make up the difference.
Here’s another scenario. Did a third party play a hand in the accident, such as another driver, or another entity such as a road contractor or a municipality who is responsible for defective traffic signals or something else? Your lawyer’s investigation will determine whether there are responsible third parties. That investigation will also find out whether any third-party defendants actually have assets which can be seized and liquidated in order to pay for your compensation.
In the end, however, deciding on whether to sue or not depends on whether any negligent defendant actually has the assets to compensate you. Experienced injury lawyers have the investigative ability to find those assets – including those the negligent driver tries to hide – that will pay the balance of your damages.
Discover if You Can Sue Someone After a Car Accident in Kentucky
If you and/or any members of your family have been injured by a negligent driver, it’s a good idea to visit with a member of the Billy Johnson Law Firm in Pikeville, if for no other reason than to learn the warning signs of trouble when it comes to your compensation from the driver and/or their insurance company. The consultation is free.
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
