Liability in a Kentucky Car Accident: Who’s Responsible For Covering Your Damages?

Car accidents can leave you more than a little rattled. You can sustain serious injuries and property damage. Recovering from a vehicle collision can take time and some accident victims need long-term or lifetime care.

Even if your injuries are considered minor, expenses can still be steep. However, you may be able to recover compensation from the at-fault driver, which means determining liability in a KY car accident and sometimes this isn’t an easy process.

Navigating Kentucky’s Insurance Laws

When you think of insurance, your general inclination is to file a claim against the at-fault party’s carrier. After all, why should you bother your insurance agent for an accident that’s not your fault?

Kentucky, like about 12 other states, follows no-fault insurance laws. The reason Kentucky and other states follow this law is an attempt to make it easier for accident victims to receive compensation for their damages. So, what does this mean for your injury claim?

If you’re involved in a car accident and sustain damages, you turn to your insurance provider. All drivers with vehicles registered in Kentucky must carry the state’s minimum insurance requirements. For vehicles, this means liability coverage, and under it your injuries are covered by PIP (personal injury protection).

While liability insurance only covers damage to the other driver’s vehicle, if you’re at fault for the accident, PIP takes care of your other economic damages like medical costs and lost wages. However, PIP has caps.

What these caps are depends on your policy but typically the insurance only covers around 80% of your medical and lost wages expenses. This means you may be on the hook for your remaining damages, and this also applies to any passengers in your vehicle whether they use their PIP coverage or yours.

Comparative Negligence Laws

Adding to the confusion are the state’s comparative negligence laws, which allows more than one driver to be responsible for an accident. This can work both for and against you, depending on the particulars of your accident.

As long as you’re not more than 50% responsible for the accident, you can file a claim against the other driver’s insurance company. Yes, Kentucky is a no-fault insurance state but this also doesn’t mean you can’t file a claim for damages not covered by your auto and PIP insurance.

So, who determines the percentage of blame in an accident? The answer depends on your claim. Usually, the insurance adjuster or authorities assign fault but the courts may also become involved. If you don’t agree with the percentage of fault you’re assigned by the insurance company, you can file an appeal. This is usually when the court steps in and assigns blame.

Remember, your PIP insurance may cover up to 80% of your claim without accounting for blame. If you’re planning on filing an insurance claim for the remainder of your damages but are assigned 25% of the blame, there’s a question you should ask.

Is it worth the time and resources to try and recover the remainder of your damages? You’re probably going to need an attorney, and this comes with a fee. Sometimes, comparative negligence can make it almost impossible to recover damages especially if you’re assigned the majority of the blame.

Who’s Liable in a Kentucky Car Accident Claim

If your answer to the question of who’s liable for the accident is the other involved driver, you may be correct—this is usually the most obvious and common liable party. All motorists owe each other a duty of care, and this means following all traffic laws.

If a driver fails to obey these laws and causes an accident as a result, chances are they’re liable for your accident. This is the party you file a claim against to recover any damages not taken care of by your insurance.

However, the other driver isn’t always fully or even partially responsible for the accident. Sometimes, the vehicle manufacturer is the at-fault party, and this applies if the vehicle has a manufacturing defect or an imperfect design. If the manufacturer doesn’t alert the public to the potential flaws and an accident occurs, you may have grounds to file a claim against the designer or manufacturer.

This may also be a product liability claim but it follows the same guidelines as any other type of personal injury claim. An experienced accident attorney can help determine which type of personal injury claim you should file.

A driver’s employer may also be the liable party, which typically applies when you’re involved in an accident with a commercial vehicle. If the employer isn’t keeping up with routine maintenance or is forcing drivers to stay behind the wheel longer than the law allows, the vehicle’s owner can be the liable party. This can also apply to government employees if they’re fully or partially responsible for the accident.

However, the standards for filing a personal injury claim against a government entity are often different than if it’s a private citizen.

More Than One Party Can Be Liable For a Kentucky Car Accident

Sometimes, more than one individual or entity is responsible for an accident. For example, a commercial driver and their employer.

To help avoid some confusion, this isn’t when comparative negligence comes into play. Typically, comparative negligence applies when you’re also at fault. The statute doesn’t usually apply if you’re determining liability in your insurance claim.

To determine liability, you may need to bring in experts like accident scene reconstruction specialists. Video footage can also be an invaluable tool, along with any witness statements. To help ensure that the right parties are held liable for your accident, it’s usually a good idea to work with an experienced accident attorney.

Don’t Try to Determine Liability Alone

A key aspect of any accident claim is determining liability, and it can be a complex and frustrating process. Even experts can sometimes get it wrong.

To help make sure that you’re not unfairly assigned blame for an accident, it’s wise to consult with a personal injury attorney. They can provide the expertise needed to navigate the situation and protect your interests.