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Filing a Personal Injury Claim after a Car Accident

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If you are injured in a car wreck in Kentucky, there are several things you should understand before you file your accident insurance claim and as events unfold.

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Filing a Personal Injury Claim after a Car Accident

  1. 1. Filing a Personal Injury Claim After a Car Accident If you are injured in a car wreck in Kentucky, there are several things you should understand before you file your accident insurance claim and as events unfold. Below is an outline of the general process of filing your claim and some information you should know which will likely influence its success.
  2. 2. The Statute of Limitation to File a Kentucky Vehicle Accident Claim There is a time limit in which you must file your insurance claim for injuries. It is one year after the date of the accident. Even though there might be special exceptions, if you do not file your claim within the one-year window, it will most likely not be valid. Any special circumstances which might influence the statute of limitations should be shared with a seasoned accident lawyer before filing you claim. CALL FOR A CASE EVAULATION: 606-433-0682
  3. 3. Motor Vehicle Insurance in Kentucky All licensed Kentucky drivers are legally required to carry basic personal injury liability protection on their vehicles to cover any costs related to injuries from a car wreck. The specific coverage requirements for Kentucky drivers are a minimum of $25,000 for bodily injury per person, $50,000 for total bodily injury per accident, and $10,000 for property damage. This is commonly referred to as 25/50/10. These are the minimums; you should carry as much coverage as you can comfortably afford. CALL FOR A CASE EVAULATION: 606-433-0682
  4. 4. Kentucky is a “No-Fault” State This means that your car insurance pays your injury claims up to a specified limit. Your insurer recovers this money from the at-fault driver’s insurer. You cannot sue the other driver unless you incur at least $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or there is a wrongful death. You can opt-out of the no-fault system by filing a form with the Department of Insurance to remove the limitations on your rights to sue. But when you do this, it also allows others to sue you. Speak with a lawyer to learn more about opt-outs. CALL FOR A CASE EVAULATION: 606-433-0682
  5. 5. You Must Cooperate With Your Insurer in a No-Fault Claim With no-fault claims, the normal rules for dealing with an insurance company in a personal injury claim do not generally apply. For example, in most injury cases, you do not want to give a recorded statement to the other side's insurance company. But in a Kentucky no-fault claim, state law requires you to fully cooperate with your insurer, which can include a recorded formal statement. CALL FOR A CASE EVAULATION: 606-433-0682
  6. 6. Medical Treatment and Your Insurance Company Not only might your policy require you to give your insurer a recorded statement, you may also be required to undergo a medical examination by a physician selected by the insurance company. If you fail to cooperate with this condition, your insurance company may have grounds to deny your claim. It is not, however, a requirement that the examining physician treat you. There are other aspects of this medical examination rule that a seasoned injury attorney can fully explain to you CALL FOR A CASE EVAULATION: 606-433-0682
  7. 7. Your Claim’s Investigation and Damage Awards Once you file a claim with your insurance company, it will be investigated. After calculating the total damage amount, your insurer will send you a settlement check based on its assessment of your necessary treatment and your anticipated medical bills. If your claim is denied, or your settlement check seems like an inadequate amount, you may appeal directly to your insurer. If your appeal is unsuccessful, you may then file a complaint with the Kentucky Department of Insurance. If you are initially denied, before filing any appeal it’s a good idea to speak with an experienced Kentucky accident attorney. CALL FOR A CASE EVAULATION: 606-433-0682
  8. 8. If You Sue the Other Driver If you have filed with the Department of Insurance to remove the limitations on your rights to sue, it’s a good idea to hire a personal injury attorney to represent and guide you through this process. With your exposure to possible lawsuits by other parties in the accident, Kentucky’s Comparative Fault Law comes into play. This means that if you bear any responsibility for the wreck – even five percent – you will not be able to collect the full amount of damages to which you may be entitled. Your lawyer’s investigators – and his arguments before the Kentucky Department of Insurance – can help prove you were not at fault. CALL FOR A CASE EVAULATION: 606-433-0682
  9. 9. When “No-Fault” Insurance Does NOT Apply No-fault insurance only applies to car accident injuries. When your vehicle (and any property in it) is damaged or destroyed, and you have collision and property coverage in your policy, you file a separate claim with your insurance company – up to the limits of your coverage. If the monetary loss exceeds your insurance coverage limits, or you don’t have collision/property coverage, you are free to pursue a civil claim for the amount of your loss against the at- fault driver. CALL FOR A CASE EVAULATION: 606-433-0682
  10. 10. Do you Need to Speak with an Attorney? There are many variables that can impact your injury claim, such as if your medical bills exceed your auto insurance coverage limits, or you wish to appeal your insurance award, or the at-fault driver owes more than the limits of his or her liability or property damage coverage. If you or your loved one has been seriously injured in a car accident, it is best to contact an experienced Kentucky personal injury lawyer at the Billy Johnson Law Firm in Pikeville. CALL FOR A CASE EVAULATION: 606-433-0682

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