The last thing anybody expects or wants is to be involved in a car accident in Kentucky. Unfortunately, auto accidents are not uncommon in this state. According to the Kentucky Department of Transportation, there were more than 158,000 total vehicle collisions reported across the state during the latest year of data we have available. These incidents often result in significant property damage and can cause serious bodily injury, which means that liability for the crash needs to be determined. Here, we want to discuss various ways that liability is determined in the aftermath of a vehicle collision in Kentucky.
The most important thing to understand about Kentucky car accidents is that this is a “choice no-fault” state. This means that drivers in this state have the ability to choose “no-fault” insurance or to go with a traditional “fault-based” insurance plan. When a Kentucky driver chooses no-fault insurance, this means that each driver will turn to their own insurance policy to get compensation for their medical expenses and other financial losses stemming from the vehicle accident, regardless of which party was at fault. In these cases, determining liability is not as important because neither driver will be able to file a liability claim against the other driver unless certain thresholds are met in the car accident. These thresholds include:
In Kentucky, no-fault insurance takes the form of personal injury protection, PIP benefits, which pay up to $10,000 in a victim’s medical bills, lost wages, or other out-of-pocket costs. Drivers can choose to purchase a higher limit of PIP coverage.
Vehicle owners in Kentucky are allowed to opt-out of the no-fault system when they are choosing a car insurance company and insurance policy. By opting out of no-fault insurance, this means that the policyholder has the right to pursue legal liability claims against the at-fault driver. Determining liability in these situations is essential. Some of the ways that liability is determined in a fault-based collision include the following:
The total amount of insurance that policyholders must carry if they opt-out of the no-fault system, aside from the $10,000 PIP coverage, includes the following:
It is strongly recommended that any person who is pursuing a fault-based insurance claim against another driver in Kentucky work with a law firm composed of skilled attorneys to help with their case. Law offices with attorneys that focus on car accidents can use their resources and legal expertise to help ensure the victim receives maximum compensation for their injury claim.