Some car accidents involve more than two drivers and more than one party at fault for the injuries that result from them. In such cases, it may be appropriate for injured people to pursue multiple insurance claims to maximize their financial recovery.
Filing claims with multiple insurance companies means taking on two or more insurers who would rather not pay you. It compounds the work required and can be confusing as insurers point fingers at each other and tell you they can’t do anything until the other settles with you.
This article addresses situations when filing two or more claims for the same accident might be appropriate under Kentucky law. At Morgan, Collins, Yeast & Salyer, we have the Kentucky Courage needed to pursue all your options for compensation from every available source. We’ll aggressively negotiate on all fronts for everything you deserve and, if necessary, will take your claims to court and fight for what is right.
Contact us today to arrange a free consultation if you have been injured in a car accident that was not your fault.
What You Need to Know About Kentucky Auto Insurance Coverage
After a car accident in Kentucky, anyone injured can turn to their own personal injury protection (PIP) auto insurance to recover compensation for their losses.
State law requires car owners to maintain basic PIP coverage of up to $10,000 per person for medical expenses, lost wages, and survivor’s benefits available in a fatal car accident. PIP is a no-fault system because someone injured in a car accident can recover compensation through their PIP coverage regardless of who caused the accident.
Recovering insurance money through auto liability insurance or other coverage depends on showing who was at fault for the accident. Kentucky requires car owners to maintain liability coverage of $25,000 for bodily injuries sustained by any one person in a single accident, $50,000 for bodily injuries sustained by all persons in an accident, and $25,000 for all property damage in a single accident. Alternatively, a policy with a single limit of $60,000 is acceptable.
When Can You File Multiple Claims After a Kentucky Car Accident?
You could pursue two or more claims for the same car accident if two or more parties are responsible for the crash and your losses. For example, you could have claims against the other at-fault drivers involved in multi-car accidents. In some situations, you might have a product liability claim or a claim against a government agency for a dangerous road condition in addition to your insurance claim against the driver who caused the crash.
Cases in Kentucky are decided according to several liability and pure comparative negligence. Under a several liability system or a several-only liability system, each at-fault party is liable only for the damages they actually caused the plaintiff. This is also known as a comparative fault system.
Under Kentucky’s pure comparative fault system, the jury in a car accident lawsuit must assign a percentage of fault — 0 percent to 100 percent — to each party involved in the crash. Then each defendant must pay the plaintiff damages according to their degree of fault for the crash. A defendant assigned as little as 1 percent of the blame for a car accident in Kentucky would have to pay the plaintiff 1 percent of their damages.
For example, in a case that involved two defendants, they might be assigned 40 percent and 50 percent liability for the accident, with 10 percent assigned to the plaintiff. The plaintiff could therefore be awarded 90 percent of their losses.
In many car accident cases, our attorneys seek damages for a client through one or more personal injury lawsuits. If our investigation showed that multiple parties were responsible for the accident, we would file separate claims with each at-fault party’s insurance company on behalf of our client. We would follow up with lawsuits against defendants and their insurers if any of the insurers failed to make a reasonable settlement offer.
Workers’ Compensation Claims and Third-Party Lawsuits for Car Accidents
Additional compensation may be available to a Kentucky resident injured in a car accident if the accident occurred while working. Generally, an employee is eligible for workers’ compensation in Kentucky if they have suffered an injury “arising out of and in the course of employment.” That means you could be entitled to workers’ compensation benefits if the car crash happened while you were driving as a part of your job duties.
Workers’ compensation is a no-fault insurance system. Employers must extend coverage to most employees and pay benefits regardless of who caused the employee’s injuries. That means you could recover workers’ compensation benefits for a work-related car accident even if you were at fault for the crash.
If you were injured in a car accident that occurred while you were working, you would likely qualify for workers’ comp benefits that pay:
- All medical expenses related to your car accident injuries
- Two-thirds of your average weekly wages (subject to a cap) while you are unable to work
- Ongoing financial support if you have suffered a long-term disability
If the car accident was caused by someone other than your employer or a co-worker, a third-party personal injury claim could seek additional compensation for:
- Lost wages not paid by workers’ compensation
- Your pain, suffering, and emotional distress
- Damage to your vehicle and other personal property
Our Lawyers Can Help Seek the Most Compensation After a Car Crash
A Kentucky personal injury attorney from Morgan, Collins, Yeast & Salyer can provide the knowledge and experience needed to handle all your car accident claims for you. We’ll investigate to determine responsibility for your car accident, calculate the full extent of your losses, identify all potential avenues for compensation for you, and negotiate aggressively with insurance companies on your behalf. If necessary, we will present your case in court to seek maximum compensation for you.
Depending on the circumstances of your car accident, you may be eligible to seek compensation for your losses from multiple sources. At Morgan, Collins, Yeast & Salyer, our Kentucky car accident lawyers are ready to examine your case from all angles and pursue all available options for compensation for you.
Contact us online today or at (877) 809-5352 for a free consultation. We are ready to put our experience to work to maximize your financial recovery.
