Is there a time limit for auto accident victims to file a claim?
Yes. Kentucky, like most states, has something that they call a statute of limitations, which can limit the amount of time you have to pursue compensation for your injuries after an auto accident. It's important to note that in Kentucky, these limitations do not apply to a car insurance claim. Any insurance company, whether it's your own or the other driver's company, will require you to make a claim immediately following the accident.
This is because Kentucky is considered a no-fault car insurance state. That means you will need to file a claim under your own personal injury protection coverage to get compensation for medical bills and other financial losses after an auto accident, regardless of who is at fault for causing the accident. You will only be able to step outside the no-fault boundaries and bring a claim directly against the at-fault driver if your injury claim meets certain requirements. If it does, then the statute of limitations to pursue action against the driver will be set at one year from the date of the accident.
How much compensation will I be entitled to?
To figure out how much compensation you may be entitled to, it's important to understand that Kentucky is considered a pure comparative-fault state. That means the amount of damages you can recover in an auto accident lawsuit will be reduced by a percentage that is equal to your level of fault in causing the crash.
For example, if you were involved in an auto accident that was caused by another driver, but you were also speeding at the time, the court may find that you were 10% at fault for the accident. As such, that means your overall settlement will be reduced by 10% to account for your level of responsibility in causing the crash. If the court ultimately awards you $100,000 in damages for your injuries, you will actually only be entitled to receive $90,000.
This will also be taken into account by insurance companies when you file an insurance claim, so it's important that you have an experienced auto accident attorney working for you to maximize your chances at receiving the compensation you need for your injuries. So if you or someone you know has been injured in a car, truck, or motorcycle accident, don't wait. Call the auto accident attorneys at Anderson & Vaughn today and schedule a free case consultation. We'll do everything we can to help you get the justice you deserve.