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Common Misconceptions About Car Accident Claims in Kentucky

The Berger Firm April 14, 2022

In the Commonwealth of Kentucky, victims of negligent auto accidents may be eligible to seek fair financial compensation for their injuries by filing insurance claims. However, there is a lot of misleading information and false assumptions surrounding the car accident claims process in Kentucky. Therefore, getting detailed guidance is crucial to receive the maximum possible compensation and avoid making costly mistakes. An experienced Kentucky personal injury attorney can guide you through the car accident claims process and help clear up the misconceptions.

At The Berger Firm, our attorneys are poised and ready to assist, support, and guide car accident victims and their families in their injury claims. As your legal counsel, we can review and investigate all of the surrounding facts of your case and enlighten you about your various legal options to pursue damages. Also, our trusted team can help file your injury claims and attempt to recover fair financial compensation for your injuries, damages, or loss. Our firm proudly serves clients in Covington, Kentucky, and surrounding areas across Greater Cincinnati or Northern Kentucky, including Newport and Florence.

Common Car Accident Myths

and Misconceptions in Kentucky

The numerous collective popular notions and false information surrounding the accident claims in Kentucky make it difficult to navigate the process alone. Thankfully, knowing what to expect and being able to differentiate between facts and fiction can make the whole claims process feel more manageable. Here are some common myths and misconceptions about car accident claims in the Commonwealth of Kentucky and a brief explanation of why they are false:

Misconception #1: It's always the at-fault driver's insurance that pays for damages/injuries

This is a common misconception that is not necessarily true. The Commonwealth of Kentucky is a choice no-fault state. Under the state's no-fault system, the accident victim will turn to their insurance carriers to seek compensation for medical bills and other financial losses suffered due to the accident, regardless of the at-fault party.

Misconception #2: Since Kentucky is a no-fault insurance state, I can't seek compensation from the at-fault driver.

If you sustained serious injuries from the car accident, your insurance may not be able to cover your entire claim. Hence, you are allowed to "opt-out" of the no-fault system and file a lawsuit against the at-fault party, provided that your injuries meet specific requirements.

To opt out of the no-fault system, the accident must have resulted in:

  • At least $1,000 in medical expenses, or

  • Permanent disfigurement, permanent injury, fracture of a weight-bearing bone, displaced fracture of any bone, or any permanent loss of a body function to the plaintiff.

Misconception #3: If the accident is minor, it's not necessary to file a police report.

Kentucky law – Kentucky Revised Statutes 189.635(4) – requires persons involved in a traffic crash to file a written accident report with the Kentucky State Police within ten days of the accident if it results in an injury, death, or property damage of more than $500. Also, you must file your personal injury claims within one year from the date of the accident or injuries.

Misconception #4: I was partially at fault for the accident, so I can't file a personal injury claim.

This is another common misconception. The Commonwealth of Kentucky follows the "pure comparative fault" principle. Under the system, an accident victim may be allowed to pursue damages even if they were partially or mostly responsible for the accident or injuries. However, the amount of compensation that you may recover will be reduced by your fault percentage. Hence, under Kentucky's pure comparative fault system, even if you are 80% at fault, you can still seek 20% compensation.

Misconception #5: I don't need to hire an attorney to file a personal injury claim.

Hiring an experienced legal counsel when filing your personal injury claim is essential. A lawyer will help gather necessary documentation, facilitate the claims process, and negotiate with the insurance provider to get a higher pay-out. Most importantly, you need to retain a well-informed attorney that specializes in personal injury claims because they know the laws and rules specific to the unique situation.

Getting the Experienced Legal Help You Need

Being involved in a negligent motor vehicle accident can be emotional; and can affect you mentally, financially, and physically. Even though you may be eligible to recover damages for your injuries. However, the several misinformation can make navigating the injury claims process more daunting and overwhelming. Therefore, you need to hire an experienced personal injury attorney to advocate for your legal rights and help file your injury claims.

For more than 50 years, our attorneys have devoted their careers to protecting the best interests of auto accident victims and their loved ones. Contact The Berger Firm today to schedule a simple case assessment with skilled car accident attorneys. Our trusted team has the compassionate legal counsel, dedicated attention, and vigorous representation you need in your personal injury claims. We're proud to represent clients in Covington, Kentucky, and surrounding areas across Greater Cincinnati or Northern Kentucky, including Newport and Florence.