Car accident claims in Kentucky can be tricky for several reasons. Kentucky has strict reporting requirements for injury accidents, insurance liability thresholds, and deadlines to file car insurance claims.
This article serves as an overview of car accident claims in Kentucky but is no substitute for the advice of an experienced car accident attorney in Louisville.
Kentucky’s Car Accident Reporting Requirement
Before pursuing a Kentucky car accident claim, you must comply with Kentucky Law, KRS 189.635. This law requires law enforcement to be immediately notified of any collision involving:
- A fatality;
- Injury; or
- With damage to a vehicle to the extent it renders that vehicle inoperable.
Any law enforcement notified must have jurisdiction in the location where the collision occurred. The officer will complete a collision report documenting the accident.
If an officer is unavailable, you can complete a Civilian Traffic Collision Report form and submit it to the state. This record is kept by the state for a maximum of three years.
Filing a Claim with Your Insurance Company
Once you receive medical treatment and are able, you must inform your insurance company about the accident. Your insurance company will then open an accident claim and assign you a claim number.
Next, your insurance company will investigate accident fault and liability. An adjuster will assess your damages and the cost of property repair or replacement.
The Settlement Process
At this point, your insurance company will either deny your claim or make you a settlement offer. If your claim is denied or you think your settlement offer is inadequate, you may appeal the decision with the claim supervisor.
If the supervisor’s response is unsatisfactory, the next step is to file a complaint with the Department of Insurance.
Filing a Lawsuit With “No-Fault” Insurance
Under Kentucky’s “no-fault” insurance or Personal Injury Protection benefits, you may file a lawsuit if your car accident:
- Resulted in at least $1,000 in medical expenses;
- Caused a broken bone, permanent disfigurement, or injury; or
- Death.
You may opt out of the “no-fault” insurance system by signing a refusal form and filing it with the Department of Insurance then carrying “fault-based” car insurance. While this allows you to file a lawsuit without first turning to your insurance for compensation, it in turn opens you up to a liability lawsuit.
Kentucky’s Deadline(s) to File a Car Accident Lawsuit
Kentucky has different deadlines to file a personal injury lawsuit and a property damage lawsuit. The statute of limitations or deadline to file a personal injury lawsuit is one year from the date of the accident. Kentucky allows two years from the date of the accident to file a property damage lawsuit.
Contact an Experienced Car Accident Attorney in Louisville Today
Dolt, Thompson, Shepherd & Conway, PSC, will review your car accident claim and explain the claims process at no risk to you. Our Louisville personal injury attorneys are known for their success in achieving some of the highest personal injury settlements and verdicts in Kentucky.
Contact Dolt, Thompson, Shepherd & Conway, PSC, today for legal advice you can trust. We fight your legal battle so you can focus on your future.