Laws related to auto accidents in Kentucky are confusing. Kentucky is one of the few states that follow the no-fault rule. In other words, all motorists must have PIP insurance. In case of an accident, injured drivers must file a claim with their insurer to get compensation for their injuries and losses. The insurance company pays a settlement meant to cover the medical bills and other expenses, but only up to a certain threshold. There are certain situations and circumstances when you can step out of the no-fault system and file a direct civil lawsuit against the at-fault driver. The question is whether you need to hire a car accident attorney Louisville. In this post, we are sharing a few details on why lawyering up is necessary and important.
Lawyers can explain the state laws and your rights
The statute of limitations sets the deadline for filing car accident lawsuits in all states. In Kentucky, you have two years to take legal action against the driver at fault. The deadline is even shorter for other personal injury lawsuits, such as medical malpractice and slip and fall accidents (i.e., one year). As we mentioned, there are only limited situations when you can bring a lawsuit against the at-fault driver. If you had opted out of the no-fault system when buying your car insurance policy, you are also at the risk of getting sued if you had a share in the fault. You need a lawyer to know the state laws and understand your rights better.
Kentucky’s comparative fault rule
If you have the scope to file a civil lawsuit against the other driver, you have to consider the comparative fault system, especially if you share the blame for the accident. Kentucky has claimant-friendly laws, allowing you to sue the other driver even when you are more to blame than them. However, your financial recovery depends on your fault share. This is known as the pure comparative fault rule. In the real world, the insurance company and the other party will try to push the blame on you. A car accident attorney can help defend your rights and negotiate a fair settlement based on the circumstances.
Now that you know the details, don’t shy away from discussing the facts of your car accident case with a lawyer. PI attorneys in Louisville don’t charge a fee right away, and the contingency fee arrangement makes it possible to seek legal representation without having a fortune to spare.