After being involved in a car crash there is probably a lot on your mind. It is important to understand if you have a valid case for your car accident and what your legal rights are. To learn more about your options continue reading and work with a Pike County, KY car accident lawyer.
Is Kentucky a No-Fault Accident State?
Yes, Kentucky is a no-fault state when it comes to car accidents. This means that when you are involved in a car accident there is no need to determine fault or prove that the other driver’s negligence caused your accident. You do not need to go through the other driver’s insurance because you must first file a claim with your own provider.
Most drivers have PIP (personal injury protection) insurance, although they can choose to reject this coverage if they wish. PIP protects you in case of an accident. Whether the accident was your fault or another driver’s fault your own insurance provider will be responsible for evaluating your claim and compensating you for your associated expenses. However, drivers can still file a lawsuit against the other party depending on the circumstances.
How Can I Tell if I Have a Valid Case for My Car Accident?
Various factors are important when it comes to determining whether or not you have a valid car accident case. Because Kentucky is a no-fault state, it is more challenging to hold the liable party responsible. However, you can still pursue a third-party claim or file a personal injury lawsuit if your insurance coverage does not cover the total extent of your costs.
If you want to pursue further legal action it is important that you determine whether or not you have a valid case to do so. Consider the following.
- Liability: Can you prove that the other driver was negligent and therefore liable for the accident? If so, you may be able to collect compensation. However, if liability is doubtful or there is not enough evidence to back up your claim it could be difficult to win your case.
- Statute of limitations: To have a valid car accident case you must abide by state laws when filing. The statute of limitations in Kentucky for a car accident lawsuit is two years from the date of the accident. If you do not file within that time frame you no longer have a valid case.
- Severity: The severity of the accident plays an important role as well. If the accident was extremely severe it likely left you with extensive property damage and personal injury. The more costly your expenses were and the more your injury has affected your life the greater your chance of filing a successful lawsuit will be.
- Comparative negligence: This law assigns portions of the blame to all relevant parties. If the other party was 99% at fault for the accident you are more likely to win your case and receive compensation than if you are assigned a higher percentage.
Personal injury laws can be confusing. Reach out to a skilled attorney for assistance during your case.
