A serious car accident is a life-altering event. The shock of a sudden injury is difficult enough to bear – but mounting medical bills and lost work time add financial pressures that can make things even worse. If the accident was someone else’s fault, however, you are likely to have a valid compensation claim. Claims don’t enforce themselves, though — they must be fought for. And fighting for the rights of our clients is what we do here at Glenn Martin Hammond.

Kentucky’s No-Fault Insurance System

Under Kentucky’s no-fault auto insurance system, your own personal injury protection (PIP) insurance is designed to cover the first $10,000 of your damages. You cannot sue the at-fault driver unless:

• Your medical expenses alone (not your total damages) exceed $1,000;
• Your injuries include a broken bone, a permanent injury or a loss of bodily function, or the loss of a body part; or
• You are filing a wrongful death lawsuit as the representative of someone who died in a car accident.

If You Were Partially at Fault

In many car accidents, both drivers are to some extent to blame for the accident. So can you maintain a personal injury claim even if you were partly at fault? Under Kentucky’s comparative negligence system, the answer is yes, unless you were 100 percent at fault. A court will assign a percentage of fault to each driver, subtract from each driver’s damages a percentage that equals that driver’s percentage of fault, and set these two amounts off against each other.

For example, suppose your damages were $20,000 and the accident was 30 percent your fault. The judge will subtract 30 percent from $20,000, leaving you with $14,000 in damages. Suppose further that the other driver was 70 percent at fault and his damages were $10,000. The judge will subtract 70 percent from $10,000, leaving him with $3,000. Setting these two amounts off against each other yields an $11,000 judgment in your favor.

Frequently Asked Questions (FAQs)

Can I recover compensation for pain and suffering?

That depends on the nature of your injuries, the amount you suffered, and any disability or disfigurement that your injuries caused. Medical testimony may be required to establish the degree of your suffering. In many cases, however, pain and suffering damages amount to several times more than compensation for medical expenses.

The other driver was intoxicated at the time of the accident. Can I file a claim against the nightclub that sold him drinks?

Perhaps. Under the Kentucky Dram Shop Act, you can sue the bar that sold him alcohol if it continued serving him after he was obviously intoxicated, and if his resulting intoxication caused the accident. This law helps when the at-fault driver lacks sufficient insurance to cover the losses from the accident.

Act Quickly, Act Decisively

Retaining a lawyer makes a difference in a Winchester, KY auto accident claim — and the larger your claim is, the more of a difference it makes. Contact Kentucky personal injury lawyer Glenn Martin Hammond immediately by calling (606) 437-7777 or by filling out our online contact form. We serve clients throughout Winchester including Colby Terrace, Earlymeade, College Park and elsewhere. We also serve clients throughout the state of Kentucky.