Whether or not you can sue after a car accident in Kentucky depends on the circumstances involved. Kentucky is a “no-fault” insurance state, which could limit your right to sue the negligent driver and what you might collect to pay for the damages you suffered. However, no-fault insurance often does not cover all your losses, and when they are severe, it may be appropriate to file a lawsuit.
If you or a loved one was seriously injured or someone has died in a car accident in Kentucky, it is a good idea to consult with a Kentucky car accident lawyer. An experienced attorney can examine the facts of your situation, determine if you should file a lawsuit, and fight for a fair settlement that covers ALL of your medical bills, lost income, pain and suffering and other damages you received – not just some of them.
How the Car Accident System Works in Kentucky
In Kentucky, “no fault” insurance means your motor vehicle liability policy includes coverage to pay the first $10,000 of your medical bills and lost wages arising from your accident – regardless of who was at fault. So, after a car accident, you first file a claim with your own personal injury protection (PIP) no-fault insurance policy to pay for medical care and other accident-related expenses, and your insurance company will try to collect from the at-fault driver’s insurance.
If costs of your damages exceed the limits of your insurance policy, or you have opted out of no-fault, Kentucky law allows you to take legal action against the at-fault driver in the crash, but only if you meet one of the following thresholds:
- The car accident led to at least $1,000 in medical treatment costs
- You suffered any one of the following:
- A broken bone
- Loss of a bodily function
- Disfigurement
- Amputation
- Permanent injury
- Wrongful death.
When Should You Sue Someone After a Car Accident?
Most lawsuits arise when both insurers’ coverage doesn’t meet injured victims’ needs, which can occur if your damage claim exceeds the policy limits of the driver who hit you. Depending on your insurance coverage amounts and types, your insurance might make up the difference there. However, if you exhaust BOTH your and the negligent driver’s coverage, and if there’s a compensation shortfall and if any of the above listed conditions apply to you and/or anyone injured in your vehicle, it may be necessary to take the negligent driver to civil court.
Also, in some situations, there may be an additional party that played a hand in the accident who may be sued. Examples include:
- another driver who contributed to the accident
- another entity, such as a road contractor or a municipality responsible for defective traffic signals or poor road maintenance
- the manufacturer of a defective car or its parts.
Your lawyer will investigate and gather evidence to determine whether there are responsible third parties and hold them accountable if they have assets which can be seized and liquidated in order to pay for your compensation.
Damage Awards in a Car Accident Lawsuit
In a successful car accident lawsuit, you may receive an award that covers both your economic (monetary) damages and your noneconomic damages that do not have a specific dollar value but negatively impact your life. These may include:
- Past and future medical expenses
- Loss of current and future income (including employer contributions to your company health insurance, retirement, and other benefit programs)
- Property damaged in the accident
- Physical and emotional pain and suffering
- Disability
- Wrongful death.
In some rare cases where there was gross negligence, you may also receive punitive damages, intended to punish the at-fault party and deter similar actions in the future.
In the end, however, deciding on whether to sue or not depends on whether any negligent defendant actually has the assets to compensate you. Experienced injury lawyers have the investigative ability to find those assets – including those the negligent driver tries to hide – that will pay the balance of your damages.
Discover Whether You Can Sue Someone After a Car Accident in Kentucky
If you or a family member has been in a car wreck, the experienced Kentucky car accident attorneys at the Johnson Law Firm offer a free consultation to help you decide if you should sue. Attorney Billy Johnson can determine responsibility and the extent of damages, establish your claim, and handle all legal requirements, court filings, investigations, and negotiations involved with recovering the full financial compensation you deserve.
Do not delay, as Kentucky has a statute of limitations, a deadline to file auto accident claims (KRS § 304.39-230) that generally allows no more than two years from the date of the collision to file a lawsuit, or the courts are likely to dismiss your case. Call us today to get started.
GET HELP NOW 606-437-4488
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
