Thousands of people are involved in car accidents in Kentucky each year. Whether the accident results in a major damage to the property or an injury to the victim, it will most likely result in a claim for damages with a designated insurance company. The insurance company can be yours or that of the driver's.
Not all accidents are alike nut there are some common steps that a person involved in a collision need to take to make sure they are compensated appropriately for the losses they have to bare because of the accident. If you are based in Kentucky, you must have heard about the Kentucky no fault insurance. We are going to discuss it in detail here along with the important steps you need to take immediately if you are involved in a car accident.
At the Scene
The first thing to do at the scene if you are involved in a car accident is checking on the safety of your passengers. If anyone appears to be injured, call the paramedics right away. You do not have to be involved in some major accident for someone to get injured. Even minor accidents can cause injuries. Not only is this important for health reasons, but will also determine the claims you are going to make for the damages. Regardless of the injury, call the police even if the case is minor. This will help you ascertain which of the two drivers were at fault. Also obtain the name, driver's license number, address, vehicle information and the insurance information of the drivers involved in the accident. You can also take photographs of the scene which can be used as an evidence later on.
Obtain Medical Care
It is very important to consult a physician right away and seek medical care for any injuries you have sustained. Keep a journal for all the treatments you have undergone and also keep safe the medical bills as they are going to be a part of the claim against the defendant.
Dealing with Insurers
Contact your automobile insurance company as soon as possible and report the accident. You will be assigned a claim number. You will be asked to provide as much information about the accident as you can. Insurance company personnel will be sent to check out the extent of damage before they begin with their formal process. You will also need to report the accident to the insurance company of the other driver. Make sure you exercise caution when speaking to them as they are representing the party at fault and may not put your best interests first.
Kentucky No Fault Insurance
Many people think that the no fault insurance is related to who is responsible in an auto car accident. However, this is not the case. The No Fault Insurance is also known as Personal Injury Protection. Under this coverage, the insurance company is liable to pay you for any medical expenses, lost wages and any other costs you had to bare out of your own pocket as a result of the car accident. In addition, you cannot also recover the damages from the party-at-fault unless the damages exceed a certain threshold.
Basic PIP Coverage
PIP coverage must be a part of your insurance for all kinds of automobiles. The basic PIP benefit can pay you medical expenses for up to $10,000 and the lost wages for up to $200 a week. It also offers survivor's benefits and replacement services for the injured in a car accident regardless of who was at fault.
If your medical expenses are way out of the limit that is offered under PIP, you can opt for additional PIP coverage. The injured would file a claim for the benefits offered under PIP on the coverage of their vehicle, or as a pedestrian if they were hit by a car. You do not qualify for PIP benefits if you do not have an insurance coverage for the vehicle you own, i.e., you are an uninsured motorist. If you were a passenger in an uninsured vehicle, you can get help from other vehicle policies. If you don't find any suitable vehicle policy to cover you for your loss, you can make a request for basic PIP with the Kentucky Assigned Claims Plan.
Limitations on the Right to be Sued or Sue
If you opt to receive PIP benefits, you can no longer bring a lawsuit against the other party and they cannot sue you too if you do not reach the threshold limits. The threshold limits include a medical expense of more than $1,000, permanent injury, broken bone or death. You can reject basic PIP coverage by filing a special form with the Department of Insurance. This way, you can sue the other party and they can file a lawsuit against you as well.
Consider Hiring an Attorney
It is not easy dealing with the insurance company especially when you are injured in a car accident. The best way to handle such cases is through personal injury attorneys in Kentucky who understand the process of insurance and PIP inside out. An experienced personal injury attorney from Christopher Jackson Law will ease the burden off your shoulders by taking care of all the necessary documentations and all the claims that need to be made. If you are planning on filing a lawsuit against the other party, they will do what our car accident attorneys for you through our free consultation service. Call us today at 859-261-1111 to discuss your case.