Crestwood Car Accident Attorney

After a car accident in Crestwood, should you file an auto insurance claim or a personal injury lawsuit? For most injured motorists, the first step in seeking financial compensation after a Kentucky traffic collision is to file a claim with your insurance company. Kentucky is a no-fault state for auto insurance purposes, which means that Kentucky law requires most motorists in the state to carry no-fault coverage, which is also known as personal injury protection (PIP) coverage. Basic PIP coverage provides up to $10,000 of coverage for medical expenses and lost wages resulting from an accident. To be clear, in a no-fault state like Kentucky, an injured motorist will file an injury claim through their own PIP coverage, and they can be entitled to receive coverage regardless of who was at fault for the crash — the claimant or another motorist. With no-fault insurance, a motorist also accepts limitations on their rights to file a lawsuit against an at-fault driver.

You should know that Kentucky does have a “rejection” or opt-out provision for elements of no-fault insurance coverage. A motorist can reject the limitations on their ability to file a lawsuit, which also means that they will not be eligible for PIP coverage even if they are at fault themselves for their injuries. They will, however, be eligible to sue an at-fault driver.

Even if a person keeps Kentucky’s no-fault coverage, they can be eligible to file a lawsuit against an at-fault party if they can meet a statutory or serious injury threshold. In general, to be eligible to file a lawsuit after a PIP claim, a motorist must be able to show that their insurance coverage was insufficient to cover their losses and that they have experienced $1,000 or more in serious medical expenses.

If you do need to file a car accident lawsuit in Crestwood, how much time do you have to do so? Generally speaking, Kentucky’s personal injury statute of limitations says that you have a minimum of two years from the date of the car accident that caused your injuries to file a lawsuit. If a car crash caused a loved one’s death, the statute of limitations is still one year, but the clock starts ticking on the date of the person’s death as opposed to the date of the car accident. 

Car accident cases in Kentucky can be complicated, especially when you know that you will need to file a lawsuit against an at-fault party. With no-fault insurance laws in Kentucky, you will need to work with an experienced Crestwood car accident lawyer to prove that you meet the statutory threshold in order to be eligible to file a lawsuit. An advocate at our law firm can assess your case today to help you determine who may be liable for your injuries and how you can seek financial compensation for your losses. Contact Meagher Injury Lawyers for more information about the services we provide to car accident victims and their families in Kentucky. Call today at (502) 309-9213 to receive a free consultation.