A car accident turns your life upside down in seconds. The legal and insurance questions that follow can feel just as overwhelming as the crash itself. These are the most frequently asked questions I hear most often about car accidents.
Right After the Crash
What should I do immediately after a car accident?
Call 911. Get medical attention even if you feel fine. Many serious injuries, including concussions and internal bleeding, do not produce immediate symptoms. Report the car accident to the police and get a copy of the report number. Photograph the scene, the vehicles, and any visible injuries before anything is moved. Get the other driver’s name, insurance information, and license plate number. Gather contact information from any witnesses. Do not leave the scene until police arrive.
What should I say to the other driver?
Keep it brief. Exchange information and say nothing about fault. Do not apologize, even as a reflex. Apologies get used as admissions of liability. Let the investigation determine what happened.
Should I talk to the other driver’s insurance company?
Be very cautious. The other driver’s insurer works for the other driver, not for you. Their adjusters are trained to gather information that limits the company’s exposure. You are not required to give a recorded statement to the other driver’s insurer. Especially in accidents involving semi-trucks, corporate insurance companies will make every attempt to lower exposure. Before you speak with them, talk to an attorney.
When should I contact a lawyer?
As soon as possible. Evidence disappears quickly after a car accident, surveillance footage gets overwritten, witnesses become harder to locate, and physical evidence at the scene gets cleared. The sooner an attorney gets involved, the better position you are in.
Kentucky Insurance Law
What is PIP and how does it work in Kentucky?
PIP stands for Personal Injury Protection. Kentucky is a no-fault state, which means your own insurance pays your initial medical bills and lost wages after a crash, regardless of who caused it. Kentucky requires a minimum of $10,000 in PIP coverage. You file with your own insurer first, not the at-fault driver’s.
Can I step outside the no-fault system and sue the other driver?
Yes, under certain conditions. Kentucky allows you to opt out of the no-fault system and pursue a claim directly against the at-fault driver if your medical bills exceed $1,000, or if you suffered a fracture, permanent injury, permanent disfigurement, or significant scarring. Most serious injury cases meet this threshold.
What if the other driver has no insurance?
Your own uninsured motorist coverage applies. Kentucky requires insurers to offer uninsured and underinsured motorist coverage. If you have it, your own policy steps in to compensate you for the at-fault driver’s share. If you do not have that coverage, your options are more limited but not necessarily gone. Call me and we can talk through what applies to your situation.
What if the other driver’s insurance isn’t enough to cover my injuries?
This is where underinsured motorist coverage matters. If the at-fault driver’s policy limits are too low to cover your damages, your own underinsured motorist coverage can make up the difference. Identifying and stacking all available coverage is one of the most important things an attorney does in a serious injury case.
What is the statute of limitations for a car accident claim in Kentucky?
Two years from the date of the injury, or two years from the date of the last PIP payment, whichever is later. In Indiana, it is two years from the date of the accident. Missing the deadline means losing your right to sue, permanently. Do not wait.
Fault and Compensation
What if I was partly at fault for the accident?
Kentucky follows pure comparative negligence. You can still recover even if you were partially responsible. Your recovery is reduced by your percentage of fault. If a jury finds you twenty percent at fault and your damages total $100,000, you recover $80,000. Do not assume partial fault kills your case, talk to an attorney first.
How does Kentucky determine who is at fault?
Fault is determined by the evidence: the police report, witness statements, photos, video footage, physical damage to the vehicles, skid marks, and sometimes accident reconstruction experts. The police report is a starting point but it is not the final word. Insurance companies and courts conduct their own investigations.
What compensation can I recover after a car accident?
Kentucky law allows recovery for medical expenses past and future, lost wages and diminished earning capacity, pain and suffering, property damage, and in cases involving gross negligence or intentional misconduct, punitive damages. In fatal crashes, the family may bring a wrongful death claim.
How much is my case worth?
It depends on the severity of your injuries, how clear the liability is, the available insurance coverage, and the long-term impact on your life and work. I can give you an honest assessment after reviewing the facts. I will not give you a number designed to get you in the door.
Dealing With Insurance
The insurance company offered me a quick settlement. Should I take it?
Be very careful. Early settlement offers almost always come before the full extent of your injuries is understood. Once you sign a release, you cannot go back for more even if your condition worsens or you need additional surgery. Before signing anything, have an attorney review the offer and your medical situation.
The insurance company says I don’t need a lawyer. Is that true?
Of course they say that. An unrepresented claimant is easier and cheaper to settle with. Our firm knows how to get you the money you are owed. Studies consistently show that represented claimants recover more, even after attorney fees, than unrepresented ones. There is no downside to at least having a conversation with an attorney before you decide.
What if my own insurance company is not treating me fairly?
Kentucky has bad faith insurance laws that protect policyholders from unreasonable claim denials and delays. If your own insurer is stonewalling you on a PIP claim or underinsured motorist claim, that may be actionable. I handle insurance bad faith claims as well as the underlying injury cases.
Working With Kemper Law Offices
How do you handle car accident cases?
On a contingency fee basis. You pay nothing unless I recover for you. Learn more here.
Will I speak with an attorney or a case manager?
You will speak directly with me. I handle every case personally.
Still have questions?
I offer a free, no-pressure case review for people in Kentucky and Indiana. Call 502-771-0588 or email aaronkemper@lawhelplouisville.com.