Legal Options for Auto Accident Victims

Being involved in a car accident can turn your life upside down in an instant. If you’re a resident of the Murray, Kentucky area and you or a family member has been injured in an auto accident, you might be wondering about your legal options. As your Murray KY auto accident lawyers, we at Saladino & Schaaf, are here to guide you through what you need to know to protect your rights so you can get the compensation you deserve for the injuries suffered.

Understanding Your Situation

Every auto accident case is unique, and the circumstances of your case can impact your recovery and your potential compensation.  The specifics of your accident, the severity of your injuries, your prognosis for recovery, and even the insurance policies involved can all affect your legal options. However, some general guidelines and options apply to most cases in Murray and throughout Kentucky.

Kentucky’s No-Fault Insurance System

Kentucky uses a “choice no-fault” insurance system. This means that by default, your own insurance company pays for your medical expenses and lost wages, regardless of who caused the accident. This coverage is called Personal Injury Protection (PIP). However, you have the option to “opt out” of the no-fault system when you purchase your policy. You can sue the at-fault driver for damages if you’ve opted out. But, even if you haven’t opted out, you can still sue in certain circumstances, such as if your medical expenses exceed a certain threshold ($1,000) or if you’ve suffered severe or permanent injuries.

Understanding this system is important because it may affect your legal options after an accident. We go into greater detail about this in the blog post “Kentucky Car Accident Laws: Understanding No-Fault State, No-Fault Insurance, and Your Right to Sue.”

Filing an Insurance Claim Under PIP

The first and most common option is to file a claim with your insurance company under your PIP coverage. This can help cover your medical expenses and lost wages up to your policy’s limits, typically $10,000 in Kentucky. However, medical expenses often exceed that limit, which may require filing a different type of claim. 

Filing a Third-Party Insurance Claim

If your damages exceed your PIP coverage or if you opted out of the no-fault system when you purchased your insurance policy, you can file a claim with the at-fault driver’s insurance company. This is called a third-party claim. If the offer from the other person’s insurance company doesn’t seem fair or sufficient, then you have a third option. 

Filing a Personal Injury Lawsuit

If the insurance company doesn’t offer a reasonable settlement, or if your injuries are severe, you may want to consider filing a personal injury lawsuit. In Kentucky, you can do this if you’ve incurred more than $1,000 in medical expenses, suffered a broken bone, permanent injury, or scarring, and opted out of the no-fault system. 

Several factors can influence your lawsuit and the potential outcome of your case.  The nature and extent of your injuries may impact your financial recovery. More severe injuries typically result in larger compensation. Evidence, such as police reports, witness statements, and medical records, may also help strengthen your case. 

Kentucky also follows a pure comparative fault standard in personal injury cases. This means your compensation may be reduced by your percentage of fault in the accident. In addition, significant vehicle damage may increase the value of your claim. It is important to note that the available insurance coverage (yours and the other driver’s) can also limit your potential compensation.

Saladino & Schaaf, PLLC is Here to Help

Hiring an attorney may help improve your chances of receiving fair compensation. At Saladino & Schaaf, we are experienced lawyers who have helped thousands of people who have been injured in a car wreck pick up the pieces of their lives after they have been hurt due to the negligence of others. 

We focus on your case, assess its strength, and advise you on the best course of action among the many options you have in your situation.  We will negotiate with insurance companies while you spend your energy healing and moving forward with your recovery. As your Murray KY auto accident lawyers, we are here to help you get the justice and compensation you deserve.

Call us at (270) 444-0406 or (270) 753-1529 for a free consultation.  Our offices are conveniently located in Paducah and Murray.