Being injured in a car accident can leave you disoriented for days and weeks afterward. If the accident was someone else’s fault, you might realize you must take action to hold them accountable. But you need help figuring out where to begin.
Filing a car accident claim in Lexington may seem daunting and intimidating, especially if you have serious injuries. With the guidance and assistance of an experienced personal injury attorney, you can take the right steps.
At Morgan, Collins, Yeast & Salyer, our Lexington car accident lawyers help injured people pursue maximum compensation for medical care, lost wages, and other losses after car accidents caused by others. We can determine who was at fault and demand financial compensation from those responsible. Contact us at (877) 809-5352 for a free consultation.
Step-by-Step Guide to Filing a Car Accident Claim
When filing a car accident claim, you’ll need to take these steps:
- Contact an Injury Lawyer—Take advantage of a free case review. Contact Morgan, Collins, Yeast & Salyer for an explanation of your legal options. Talking with a knowledgeable attorney will help you make better-informed decisions. Do not speak with the insurance company for the at-fault party before getting legal advice.
- Report the Crash – Report the accident to police and obtain a copy of the accident report.
- Contact Your Insurance Company – Inform your insurer of the car wreck. If you have personal injury protection (PIP) coverage, you will file a claim with your own insurance to cover your initial medical expenses and lost wages.
- Keep Records – Maintain all documents related to the accident, including medical bills, doctor’s notes, repair estimates, rental car receipts, and any correspondence with insurance companies.
- File Your Claim – Submit a claim to your insurance company on time with all relevant documentation, including medical expenses and treatment information.
Gathering Evidence and Documenting the Car Wreck
Having a skilled lawyer handle the claims process for you will make your life easier. The lawyer can gather:
- Police Reports – The accident report will document who was involved in the accident and provide information about auto insurance. The responding law enforcement officer may identify witnesss and and list any traffic charges filed.
- Photographs – Take photos of the crash scene. Photograph everything, including your injuries, your vehicle, the other vehicles involved, traffic lights or signs, roadways, and other potential hazards.
- Witness Statements – People who saw the crash unfold may offer statements that support your claim. An attorney can track down witnesses.
- Video Footage – Surveillance footage from stores near the crash scene or from dashcams can help substantiate your accident claim. Video evidence from surveillance cameras may be erased and lost if you wait too long to seek it.
- Medical Documents – Information about the treatment you received helps establish the seriousness of your injuries. Crucial documents usually include imaging scans, test results, doctor’s notes, specialist referrals, and other relevant treatment information.
- Black Box Data – Information from the event data recorder in the vehicles involved in the crash can illustrate what happened before, during, and after the crash. This information needs to be obtained as soon as possible or it may be lost or destroyed.
Dealing with Insurance Companies
Your attorney can submit an insurance claim and handle all communication with the insurer. The process may look like this:
Initial Assessment
The insurance adjuster will assess the accident, review the evidence and documents, and use the information to decide on accepting or denying the claim.
An Offer
In some cases, the adjuster will make a quick settlement offer. Quick offers are typically low and will not cover an accident victim’s losses. The quick offer is typically an attempt to limit the insurer’s liability before the full extent of losses is known. The insurance adjuster is counting on the accident victim’s vulnerability and lack of legal or insurance knowledge. You should have a knowledgeable car accident attorney review any offer from an insurance company before accepting it or signing anything an insurance company presents.
Negotiation
Negotiating with an insurance company can be stressful. An accident victim acting independently is at a disadvantage when negotiating with an insurer. A skilled car accident lawyer has experience negotiating with insurers and knows how to counter their tactics.
Calculating Damages and Negotiating a Settlement
You might have difficulty accurately calculating your losses after a crash. You may not realize all the categories of losses you can claim. An attorney who handles personal injury accident cases can accurately assess the types or damages you may claim, such as the following:
- Medical expenses for past and future care
- Lost wages
- Reduced future earning potential
- Pain and suffering
- Emotional suffering
- Disfigurement
- Diminished enjoyment of life
Assigning fair value to intangible losses like pain and suffering can be difficult. An experienced Lexington attorney at Morgan, Collins, Yeast & Salyer can determine the value of your claim and pursue the full compensation you need to rebuild your life.
When To Hire a Car Accident Attorney
It’s best to contact a knowledgeable auto accident attorney sooner rather than later. In particular, you should seek the help of a car accident attorney if you suffered any injury that required medical treatment. Other reasons to hire an experienced attorney are:
- You Feel Out of Your Depth – You might feel anxiety and discomfort dealing with insurance adjusters or the process of seeking a settlement.
- Your Injuries Are Serious — You don’t need the stress of dealing with insurance companies if you have serious injuries. The more serious your injuries, the more expensive your medical treatment will likely be, and the more likely insurance companies are to question the expenses. You need to focus on your medical treatment and recovering your health.
- You’re Minimizing Your Pain – You might instinctively minimize your suffering after an accident to get your life back to normal, which can hinder your long-term recovery. You also might not know the full extent of your injuries.
- You Need to Focus on Healing – You might not have time to handle your claim between managing doctor’s appointments and other responsibilities. An attorney acting on your behalf can give you peace of mind.
- You Think You Need One – Wanting to place your personal injury claim in experienced hands is a valid reason for hiring an attorney.
Frequently Asked Questions About Auto Accident Claims in Lexington
Among the common questions we hear from accident victims are the following:
What is Kentucky’s no-fault law, and how does it affect my claim?
In Kentucky, you must carry basic personal injury protection insurance (PIP) if you drive a car. This insurance will cover your initial medical expenses and a portion of your lost wages after a car accident. Basic PIP insurance will cover up to $10,000 regardless of fault. Filing a lawsuit to recover your economic damages might be possible under certain conditions.
You might be able to file a personal injury lawsuit if the accident meets certain thresholds:
- Over $1,000 in medical expenses
- A broken or fractured bone
- Permanent disfigurement
- Permanent loss of a bodily function
- Death
What is the statute of limitations for car accident claims in Kentucky?
In most cases, you have two years from the date of a car accident to file a car accident injury lawsuit in Kentucky. You must file your lawsuit before the statutory period expires to ensure your ability to seek compensation.
What happens if the other driver doesn’t have insurance?
If you’re involved in a car accident with an uninsured motorist, you can file a claim against your own insurance auto policy’s uninsured motorist coverage if you have that type of coverage. Uninsured motorist coverage is not mandatory in Kentucky, but having it is a good idea. Check your policy to see if your policy includes it.
What if I don’t have auto insurance?
You can file a claim against the at-fault driver in an accident when you don’t have auto insurance. However, if you’re driving without insurance in Kentucky, you can face fines, in addition to having your vehicle registration revoked.
Contact an Experienced Kentucky Car Accident Lawyer
Our personal injury attorneys at Morgan, Collins, Yeast & Salyer have spent years providing effective legal representation to help injured Kentuckians recover physically and rebuild their lives. We understand how important it is for you to receive a settlement for every dollar you’re owed.
We’ve been filing Lexington auto accident claims for a long time, but this might be your first. When you call us, you’ll meet with an experienced Lexington car accident lawyer who can discuss the road ahead and guide you.
Time is of the essence in personal injury cases. Don’t wait. Call us at (877) 809-5352 for your free consultation today.
