You've Been in a Car Accident in Kentucky

While most jurisdictions have similar rules of the road, rules regarding what you need to do if you are in a car accident vary greatly from state to state. In addition, if you are injured or have property damage as a result of a car accident and decide to file a lawsuit against the person responsible for the accident, there are certain things that you need to know and steps that you should take to ensure the best possible result from your lawsuit. Here are a few important points that you need to know if you are in a auto accident injury settlement in Kentucky.
Kentucky is a Choice No Fault State
Kentucky's vehicle insurance rules are fairy unique in that Kentucky is one of only a 12 states that allows no-fault insurance, and it is one of only 3 states with "choice no fault" car insurance rules. With no-fault insurance coverage each party involved in a car accident is automatically reimbursed by his or her own insurance company for medical expenses and lost wages regardless of who was at fault for the accident. Non-economic damages such as pain and suffering are not available with no-fault insurance. Choice no-fault car insurance is a variation on traditional no-fault car insurance rules that lets you choose the kind of coverage you want when you initially purchase your policy or renew your policy. Thus, you can choose to opt out of no-fault coverage and choose to have traditional tort coverage. Suppose you are in a Louisville car accident and are injured. If you selected to have no-fault coverage, your insurance company will only reimburse you for your medical expenses and a limited amount of lost wages. If, on the other hand, you had opted for traditional coverage you might be able to also recover damages for pain and suffering in addition to medical expenses and lost wages. However, even of you opted to stick with no-fault coverage, Kentucky law exempts you from no-fault rules so that you can file a personal injury lawsuit to recover damages if your damages meets certain criteria. One criterion is that you must have at least $1000 in medical expenses. The other is that you must have suffered serious injuries such as permanent disfigurement, compound fracture, or a permanent loss of a body function.
Kentucky is a Comparative Fault State
Comparative fault is a way of apportioning responsibility among multiple parties who are at fault for an auto accident injury settlement. Thus, if you are in an accident in Kentucky and you are partly at fault, the amount of money that you can recover will be reduced by the amount of fault attributed to you. For example, suppose you are in a car collision and it is determined that the accident was 40% your fault and 60% the fault of another person. If your damages amount to $20,000, you would only be able to recover $12,000 which is 60% of $20,000.
 

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