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How Does Fault Affect a Car Accident Claim in Kentucky?

Fault plays a crucial role in a Kentucky car accident claim because it determines who is responsible for the accident and, therefore, who may be liable for damages. The driver at fault for an accident is typically determined by analyzing the circumstances surrounding the crash. This can include evaluating police reports, eyewitness testimonies, and evidence such as photos or videos from the scene.

Is Kentucky a no-fault state for car crashes?

Kentucky is a “choice” no-fault state, one of only three in the country. Different jurisdictions have different systems for determining fault:

How does insurance work in a no-fault state?

Under Kentucky law, drivers must carry the following minimum insurance coverage:

Kentucky drivers must be offered a no-fault insurance policy with personal injury protection (PIP) coverage. If they opt to reject PIP coverage, they gain the right to sue an at-fault driver for damages. However, if they cause an accident, the other driver can also sue them without restriction.

In addition, drivers who have PIP coverage in the state can still file a liability claim against another driver if they meet any of the following criteria:

This threshold means that nearly any serious accident that results in injuries will qualify, as the average cost of an emergency room visit in Kentucky is over $1,000.

Are there any other insurance coverages that might apply in an accident claim?

Those who can afford to do so may purchase more than the state’s minimum coverage for PIP, injury liability, property damage, and might want to consider other supplemental options, such as:

Fault and negligence in Kentucky car accidents

If you opt out of Kentucky’s no-fault system, or if your injuries and losses fulfilled the criteria for filing a claim against another driver, then you must prove that the other driver’s negligence caused the crash. Our lawyers prove the other driver was at fault by showing that:

Kentucky follows a pure comparative negligence system for fault-based claims, meaning that a driver can only recover a percentage of damages equal to their relative level of fault for an accident. Here are some examples:

Can one of your Kentucky car accident lawyers help me?

If you sustained serious injuries in a crash because of someone else’s negligence, and/or if you were deemed to be at-fault for the wreck, we can help. Our Kentucky car accident lawyers can build a case on your behalf. We will:

If you or someone you love was injured in an automobile accident in Kentucky, Wilt Injury Lawyers will give you an honest assessment of your case and help you determine whether a lawsuit is the best option for you. We serve the entire Commonwealth of Kentucky, including Louisville and Lexington. Please call or fill out our contact form to set up a free initial consultation today.