If you have been involved in a car accident in Kentucky it is important that you make yourself aware of the state’s rules regarding liability and fault to ensure that your legal rights are protected and that you can collect the compensation you deserve. For more information reach out to an experienced Pike County, KY auto accident lawyer and discuss your situation today.
Is Kentucky a No-Fault State?
Kentucky is a no-fault accident state in a sense, but its laws differ from many traditional no-fault states. According to state law, all KY drivers must be offered a no-fault insurance policy when they purchase auto insurance. This means that they will have PIP (personal injury protection) coverage included in their policy which allows them to file a claim with their own insurance provider after an accident, regardless of fault.
However, Kentucky law allows drivers to reject PIP coverage. Upon rejecting this no-fault insurance, drivers have the right to sue an at-fault driver after an accident. On the flip side, if they are responsible for causing the accident and they do not have PIP, the other driver involved is permitted to sue them.
Even drivers who have PIP can file a claim or lawsuit against a negligent driver after an accident if one or more of the following criteria apply to their situation.
- They fractured or broke a bone
- They have $1,000 or more in medical expenses
- They suffered a permanent disfigurement, permanent injury, or permanent loss of a bodily function
How Does Car Accident Liability Work in KY?
Liability for car accidents in Kentucky can appear complex but it is relatively simple. Liability can be determined by examining the details of the accident and determining which driver was negligent in their actions and caused the collision.
Liability and negligence can be proven by demonstrating that a driver:
- Owed the other driver a duty of care
- Breached the duty of care in some way
- Caused the accident as a result of their breach of duty
If you can prove the above coupled with the fact that you sustained damages as a result of the accident, you can establish liability and be awarded compensation.
What is Comparative Negligence?
When discussing liability in Kentucky it is important to keep in mind that the state operates on a comparative negligence system. This means that more than one driver can be held responsible for the accident and a percentage of liability can be assigned to each party. A driver can only recover as much compensation as is relative to their level of fault in the accident.
For example, if the other driver was 100% at fault for the accident, you can recover 100% of the damages in a claim or lawsuit. However, if you contributed to the accident in some way like you were speeding, on the phone while driving, not wearing your seatbelt, etc. you may be assigned a portion of the blame for the collision and resulting damages. If you are assigned 20% of the fault, you are only entitled to 80% of the total damages.
For more information reach out to an experienced personal injury lawyer today.
