Is it possible for a car accident to be truly accidental? That is to say, the collision occurs while everyone is driving normally, with no one to blame? The answer is yes, and you may have experienced a situation like this yourself. This type of situation is also the foundation of Kentucky’s “no-fault” approach to personal injury claims. As one of 12 “no-fault” states, Kentucky requires car owners to buy something called Personal Injury Protection (PIP) along with their regular car insurance. This means that in most cases, your personal injury claim will be handled first and foremost by your insurance company, and it will not actually go through the court system.
The good news is that you can still take your case to court, providing you gain the assistance of a qualified legal expert. Here is the thing: Kentucky’s no-fault system is designed to keep small cases out of the legal system, freeing up resources and lowering insurance costs for all automobilists. While the idea behind this is well-intended, it can lead to people not getting the compensation they deserve.
Here is What Your Insurance Company Will Do
Insurance companies will do everything they can to keep your personal injury claim out of court. This means they will offer you compensation based on your injuries, loss of income, or any other damages you might have suffered. For small cases, this does the trick. For damages under a certain amount, drivers cannot sue; they are also protected from being sued themselves.
When Can You Sue?
According to Kentucky law, you are still allowed to sue if you meet certain thresholds. Meet any of these thresholds, and you can take legal action instead of going through the insurance companies:
- You have more than $1,000 in medical expenses
- Any broken bone
- Any permanent injury
- Any permanent disfigurement
- Death of a family member
The Downside of Settling With an Insurance Company
It is worth noting that even if you do meet these requirements, an insurance company will still attempt to keep it out of the court system. They may offer you a cash settlement to simply make you “go away.” In other situations, they may reject your claim altogether.
In more serious cases, an insurance company may offer you what appears to be a substantial cash amount. Even though this might seem like a lot of money, it could be a very low number compared to what you could receive if you take the matter to court. Insurance companies are notorious for “low-balling” injured motorists. This is exactly why it is so important to team up with a qualified legal expert before accepting any settlement from an insurance company. An experienced attorney can assess your unique situation and inform you whether or not the compensation seems fair. If not, they can help you take the matter to court, where you could receive a much greater sum.
Get the Help You Need
If you are searching for an attorney who can help you with these matters, reach out to Roberts Law Office today. With decades of experience in personal injury claims, we will advocate that you are getting the right level of compensation, regardless of what the insurance companies are telling you.