You can make a claim as an injured passenger in a Kentucky car accident. Factors affecting your compensation include the severity of your injuries and their effect on your quality of life. The search for compensation usually starts with Personal Injury Protection (PIP) benefits. Liable parties could include the driver of the vehicle you rode in, and other drivers involved in the crash, and a lawyer may be able to identify other parties.
Don’t endure the claims process alone. Call Young, Reverman & Bolotin for help. 513-400-0000.
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Can Passengers Pursue Claims After a Car Accident in Kentucky?
About 89% of vehicles involved in Kentucky collisions are passenger cars, and the state allows claims made by injured passengers. The no-fault insurance system lets passengers initially seek compensation through PIP benefits. However, PIP may not fully cover all damages, especially with severe injuries. In these situations, injured passengers may need to file a personal injury lawsuit against the at-fault party or parties.
To step outside the no-fault system and file a lawsuit, criteria must apply. For example, your medical expenses should be more than $1,000, or you must have suffered a broken bone or permanent disfigurement or injury. Meeting a threshold lets you pursue claims for damages beyond what PIP covers, including for pain and suffering.
What Does PIP in Kentucky Cover?
PIP covers certain expenses, no matter who caused the accident. Common areas of coverage include:
- Medical expenses, such as hospital bills, doctor visits, surgeries, and rehabilitation.
- Some lost wages, if the injury keeps you from working.
- Household services for cleaning, childcare, or tasks you cannot perform due to your injuries.
- Funeral and burial expenses, if the accident results in a fatality.
The minimum required amount of coverage is $10,000, but many policyholders have higher coverage limits. When injuries exceed PIP limits, lawsuits may be necessary.
What Happens When Drivers Opt Out of PIP?
PIP is mandatory for Kentucky drivers unless they opt out of the no-fault insurance system. Opting out means they have the right to sue other drivers for damages, but can be sued for injuries they cause, even if accidents are very minor.
PIP may still help a passenger in a Kentucky car accident involving drivers who opted out of the system. Passengers should be able to use their own PIP benefits if they have car insurance. Alternatively, they might be able to claim PIP benefits from another household member’s policy.
If no PIP is available, passengers may have to turn to the at-fault driver’s insurance company for compensation. A Kentucky car accident lawyer can help you figure out your options.
Important Information for Passengers Filing Personal Injury Claims
Keep the statute of limitations for car accident claims in mind as you think about filing personal injury claims. You generally have two years from the date of the accident.
If you received PIP benefits, you have two years from the date of the accident or the last PIP payment to file, whichever came later. If you do not file within designated timeframes, you could lose your right to pursue compensation.
How a Kentucky Car Accident Lawyer Can Help Passengers Seek Compensation
Injured in a car accident as a passenger? The aftermath can be stressful and confusing. A Kentucky car accident lawyer can help in several ways.
- Maximizing your compensation: How much a car accident injury is worth can vary greatly. Before lawyers accept cases, they make sure claims are viable and review the types of compensation available. They know how to collect medical documents, accident reports, and other types of evidence to prove a case.
- Negotiating and representing: Insurance companies are notorious for being unfair. Personal accident lawyers can negotiate to get you a fair settlement that is mindful of future treatment costs. If negotiation is not successful, a lawyer can file a personal injury lawsuit and represent you in court.
- Complying with deadlines and regulations: The statute of limitations in some cases is shorter or longer than the usual two-year deadline, or there may be special processes. For example, injured minors typically have until their 19th birthdays to file a lawsuit, even if they were injured several years ago. Insurance claims and lawsuits have many rules to follow, and running afoul of just one can set a case back greatly.
Types of Compensation You May Be Able to Get
Medical expenses are a common reason for an injured passenger in a Kentucky car accident to seek compensation. These expenses include current and future medical bills related to the injury and can apply to emergency room visits, hospitalizations, surgeries, diagnostic tests, medical equipment, mental health treatment, and long-term care.
Other types of compensation are lost wages and lost future income. Your lawyer can calculate your future earning capacity and seek compensation if the accident has affected your ability to return to work or earn money. Pain and suffering compensation may be available for both physical and emotional pain. The state also recognizes the need for compensation due to loss of consortium, which is the impact of the injury on your relationships.
A lawyer works to identify all liable parties as part of how car accident settlements are calculated. The liable parties may go past the driver of the vehicle you were in, other involved drivers, and possibly the owner of a vehicle (if the owner was not driving). For example, commercial vehicles are sometimes involved in accidents, and their employers may be liable. Rideshare companies, vehicle manufacturers, mechanics, and auto repair shops share liability in some cases. Even government entities may be held responsible in cases involving government vehicles, bad road maintenance, or other troubling aspects. Contact us at Young, Reverman & Bolotin to learn about your options as an injured passenger in a Kentucky car accident.
