DIY Guide: Filing an Insurance Claim for Personal Injury in Kentucky

Filing an Insurance Claim for Personal Injury in Kentucky

Understand Kentucky’s No-Fault Insurance System

Kentucky follows the coverage and limitations set under the 1975 Motor Vehicle Reparations Act, KRS 304.39. The two components under this act include personal injury protection (PIP) coverage and the limitations on a person’s right to sue and be sued. The PIP covers medical expenses and lost wages resulting from an accident, regardless of who is at fault. Basic PIP coverage is up to $10,000 per person for medical expenses, lost wages, and other out-of-pocket costs.

The Kentucky Department of Insurance explains that when a person becomes injured in an accident, they can file a claim for basic PIP benefits with insurance for the vehicle occupied at the time of the collision, or the vehicle they were struck by if they were a pedestrian. An injured person struck by a vehicle without insurance can recover basic PIP benefits from their policy or to the Kentucky Assigned Claims Plan. The only person not entitled to basic PIP benefits are vehicle owners without insurance.

An injured person seeking to file a claim would reach out to the insurance company to notify them of the accident, along with the resulting injuries and damages. However, prior to making the call to the insurer, it’s important to first assess the accident and gather key evidence to support the claim.

Gather Key Information and Evidence

If you are seeking to be awarded compensation for your car accident injuries, you must obtain information to support the claim.

Immediately following the crash, collect these essential details:

• Police reports;
• Photos of the crash site;
• Driver information of all parties involved;
• Insurance information;
• Contact details of witnesses; and
• Images of injuries and car damage.

Throughout medical treatment for injuries, collect and maintain documents that outline:

• • Extent of injuries;
  • Medical treatment;
  • Necessary medical equipment; and
  • All medical bills and receipts.

This information is imperative to file a personal injury claim. Once you have collected the necessary evidence and paperwork that supports your case, you can notify your insurance company of the wreck.

Notify Your Insurance Company

When communicating with an insurance adjuster to file a personal injury claim, it’s important to remain professional, cautious, and well-prepared. Ensure that you’ve collected all essential documents such as the police report, medical records, repair estimates, and witness statements. This can allow you to provide accurate information without hesitation. Some advice on speaking with insurance companies includes the following:

• Timing is Key – Under Kentucky law, you are required to notify your insurance company of an accident as soon as possible. The statute of limitations for a personal injury case in Kentucky is typically one year from the incident. However, a person injured in an accident involving a motor vehicle has two years from the date of the collision to file a claim. Attempting to do so past the statute of limitations could result in the claim getting barred.
• What to Say – Keep it brief and stick to the basic facts—the date, time, and location of the collision. Answer the adjuster’s questions honestly but avoid giving unnecessary details. Don’t offer opinions or guesses about the accident or injuries. If you are still undergoing treatment or don’t yet know the full extent of the injuries, say that.
• Avoid admitting fault – Don’t make any statements that could be interpreted as admitting fault. Since Kentucky follows the comparative fault rule, admitting even partial fault could result in your compensation becoming reduced.

Negotiating a Settlement

When it comes time to negotiate a settlement for your claim, there are a few things you should be aware of. Insurance adjusters will typically start with a low settlement offer to see if you’ll accept it. Be prepared to try and negotiate, and avoid accepting the first offer, especially if you have not completed medical treatment.

Calculating your damages and knowing the full value of your claim before discussing a settlement is ideal for dealing with insurance adjusters. While it is in the insurance company’s interest to close the case quickly, you do not have to accept an offer until you are confident all the medical treatment is complete and that you fully understand the extent of your injuries.

Even if the adjuster is being difficult, it is always best to remain polite and professional. Becoming defensive or emotional can hurt your credibility and could work against you in the negotiation phase. Try not to feel pressured. While adjusters may attempt to apply pressure to quickly settle, you should not accept less than your claim is worth. Stay firm, be patient, and don’t let yourself be rushed into a decision.

If you’re not confident with speaking to insurance adjusters, you can always hire a Kentucky personal injury attorney to represent your case.

Contact Morrin Law Office Today

Understanding Kentucky’s insurance laws and the claims process is crucial when filing a personal injury claim after a car accident. It’s essential to keep detailed records of all documents, from accident reports to medical bills, and be aware of when legal help may be necessary. Acting promptly, staying informed, and being cautious in your dealings with insurance adjusters can make a difference in the process of your claim. When in doubt or faced with a denial, don’t hesitate to seek legal assistance to protect your rights and secure the compensation you deserve. Contact the attorneys with Morrin Law at (859) 358-0300 to schedule a free consultation today.