Below is an updated list of Kentucky car accident FAQs or frequently asked questions:
Q: Why do I need a personal injury attorney to handle my accident claim case?
Q: What should I do in the aftermath of the accident?
Q: What coverage does my insurance provide?
Q: How should I handle insurance adjusters?
Q: What property damages can I recover?
Q: What other damages can I recover?
Table of Contents
A: Unless you are deeply knowledgeable about the claims process and your state’s personal injury laws, chances are very low that you’ll find success in your case alone. Because the claims process is complex and involves many considerations and vital decisions, it is easy to make a misstep that jeopardizes or even disqualifies your case in court, especially if you do not possess any extensive litigation experience.
An experienced accident injury attorney will not only help you file your lawsuit before the statute of limitations expires, but also protect you from the many pitfalls in the claims process and the aggressive tactics of the opposing insurance company. With professional legal counsel, you will also have a much better chance at recovering the maximum reward for your damages. All in all, it is in your best interest to consult with an attorney as soon as possible.
A: The first thing you should remember is to never, ever leave the scene of an accident before the proper procedures of information exchange are fulfilled. Such an action could be construed as a hit-and-run, which is a criminal offense. Second, you should always call an ambulance immediately if any injuries are involved. Third, you should call the police and file a report with them, especially if the accident resulted in significant damages.
The vehicles involved may need to be relocated if they pose a hazard to other motorists. Otherwise, leave the accident site as is, and gather as much information surrounding it as possible. Take pictures of vehicle damage, skid marks, road hazards, and injuries. Get license and insurance information from all involved motorists. Also, ask for contact information from any and all witnesses.
Do not admit liability or point fingers at someone else. Keep calm and neutral. When talking with the police, state the facts only; the details will speak for themselves.
A: It really depends on your plan. Thoroughly check your policy to learn the obligations of your insurance company in case of an accident.
If your policy includes collision coverage, you may pursue compensation for damages to your vehicle from your insurance company, whether the accident was your fault or not. If the accident was not your fault, your insurance company may pursue damages from the liable driver’s insurance carrier.
If you have Personal Injury Protection (PIP) or Medical Payments coverage, your insurance company may cover medical expenses related to your injury and 80% of your lost wages, all within the limits of your PIP coverage, of course.
If your insurance carrier offers uninsured or under-insured motorist (UIM) coverage, you should take it. It is not all too uncommon to get into accidents in which the liable motorist does not have sufficient liability coverage to pay for your damages. In cases like these, UIM coverage can be a life saver since it obligates your insurance carrier to make up the damages the liable party can’t afford.
A: Insurance adjusters have their insurance company’s interests in mind, never yours. They are trained to minimize your settlement amount and preserve the company’s profits. Never accept a settlement offer by them without first consulting with your attorney. It is highly likely that any offer by them will be an unfair one, forcing you to file a lawsuit.
You are not obligated to speak with the insurance adjuster from the opposing company; however, they will probably attempt to get in touch with you not long after the accident, while you are still in shock and mentally vulnerable. Anything you say to them will be recorded and used to reduce or refute your settlement. It’s best to speak with an attorney before answering any questions or signing any documents by the adjuster.
A: You may seek compensation for any related repairs to your vehicle from the liable party’s insurance. You may also select the repair shop along with the parts used in the repair. The opposing insurance company will most likely perform an estimate of repair costs; you should do the same. Most auto repair shops will provide you with an estimate free of charge. If the repair costs exceed the value of your vehicle prior to the accident, you may recover the pre-accident value of your vehicle plus the sales taxes and fees that come with the purchase of a similar vehicle.
A: The compensation you receive depends not only on the circumstances of your accident, but also on how proficiently you and your attorney handle the claims process. An experienced attorney will be able to net you a full and fair settlement amount. You may recover damages such as medical expenses, lost wages and reduced earning capacity due to debilitation, scarring and disfigurement, pain and suffering, and more. Unlike tort reform states, Kentucky imposes a cap on neither economic nor non-economic damages, meaning you may recover as much as is justified.