A common question after auto crashes in Kentucky is, “Does car insurance cover all damages in an accident?” Issues such as policy caps mean that injured people may need help to fight for the compensation they need to recover their losses. The state’s choice no-fault insurance system adds more nuances to a situation.
Kentucky accident lawyers can help you seek compensation. Call Young, Reverman & Bolotin at 513-400-0000 to find out more.
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What Car Insurance Covers in Kentucky Accident Claims
The types of car accident injuries include bone fractures, back injuries, traumatic brain injuries, and paralysis. They can be serious, and accidents often cause major mental and emotional distress in addition to physical injuries. Depending on the situation, car insurance may cover medical bills, lost wages, property damages, pain and suffering, and other damages.
Of course, it is not always clear how car accident settlements are paid. Kentucky is one of three choice no-fault states, the other two being New Jersey and Pennsylvania. Choice no-fault means drivers can opt out of the state’s no-fault system.
- No-fault states: Each driver’s insurance company covers medical expenses and other covered damages, no matter who caused the accident.
- Fault states: Drivers responsible for accidents are financially liable for damages. Injured parties can file claims with the at-fault driver’s insurer.
- Choice no-fault states: Drivers can bypass the no-fault system, giving them the right to sue negligent drivers for damages and opening themselves up to lawsuits if they cause accidents.
Kentucky drivers can opt out of the no-fault system by rejecting personal injury protection (PIP) coverage. Most Kentucky drivers opt for PIP, and the minimum required coverage amount is $10,000.
However, even a person with PIP coverage can sue a negligent driver for damages if certain factors apply. They include having a minimum of $1,000 in accident-related medical bills, fracturing a weight-bearing bone, or suffering a permanent disfigurement, injury, or permanent loss of function.
In practice, this means the majority of serious accidents involving injuries in Kentucky qualify. After all, most car accident medical bills total more than $1,000.
Common Car Insurance Coverages in Kentucky
Required car insurance coverage in Kentucky includes bodily injury liability. It applies to injuries drivers cause to others in an accident and can cover medical expenses, lost income, and legal fees. Drivers must carry minimum limits of $25,000 per person and $50,000 per accident.
Property damage liability coverage must be at least $25,000 per accident, and it covers the cost to repair or replace another person’s damaged vehicle or property. Then there is PIP, with a minimum of $10,000 in coverage for drivers who get it. It pays regardless of fault for medical expenses, lost income, and other expenses.
Another optional type of insurance is uninsured/underinsured motorist coverage (UM/UIM). It can help in accidents involving drivers with no insurance or insufficient insurance to fully cover damages. Other optional coverages include collision, comprehensive, and medical payments (MedPay), with the latter adding to PIP for more coverage of medical costs.
Limitations of Car Insurance Coverage in Kentucky
Injured people may have ample insurance coverage, yet find themselves struggling financially.
Policy Caps and Deductibles
A major limitation has to do with policy caps. Insurance pays only up to the maximum coverage amount. Whatever coverage applies may not meet your expenses, rendering a lawsuit against the at-fault driver necessary.
Deductibles usually apply, too. You must meet deductibles that you pay out of pocket before certain types of coverage apply. You choose deductible amounts when you purchase your insurance. Commonly, deductibles are in amounts such as $250, $500, $1,000, and $2,000. The higher the deductible, the lower the premium.
More Difficult to Get Noneconomic Damages
Here is a major limitation: PIP does not compensate for loss of quality of life, pain and suffering, emotional distress, and the like. PIP is meant for expenses such as medical bills, lost wages, services you can no longer perform due to the accident, and funeral costs in case of fatal accidents. It does not cover emotional distress or suffering.
A negligent driver’s bodily injury liability insurance may cover pain and suffering, but the coverage might be insufficient due to policy caps. UIM may be able to help fill some gaps. However, a personal injury lawsuit may be necessary for fair compensation.
Insurance Tactics
Insurance companies commonly undervalue claims, rush settlements, delay payments, or even deny valid claims altogether. Companies hope that victims will accept less than what their claim is worth or just give up altogether. This type of behavior by insurance companies is a major reason people in Kentucky seek help from a personal injury lawyer.
How a Kentucky Accident Lawyer Can Help Maximize Your Insurance Claim
Personal injury lawyers maximize insurance claims for car accidents in Kentucky in many ways. For example, they account for much more than how much a car accident injury is worth.
- Calculate your claim’s true value: Medical bills, future treatment costs, lost wages, pain and suffering, and other noneconomic damages all go into a claim. The other side is likely to skimp on these areas and undervalue your claim.
- Prove liability and fault: If suing a negligent driver or other responsible party for fair compensation is necessary, lawyers can gather photographs, police reports, medical records, and other evidence to make your case. Kentucky has the 11th-lowest DUI rate among the states, which still means too many intoxicated drivers on the roads. To get compensation through a lawsuit, you usually must prove the other driver was negligent, such as driving drunk.
- Negotiate with insurance: Accepting an unfairly low offer from insurance could leave you unable to meet future medical expenses. It could also mean you never get the compensation you need. Your attorney counteracts lowball offers and negotiates for fair settlements.
- File a lawsuit: If policy limits or other factors make a lawsuit necessary, your lawyer can represent you in court and advocate for fair compensation.
Recovering from a car accident is difficult enough without having to worry about financial stresses and car insurance. Contact us at Young, Reverman & Bolotin to find out how we can help.
