Motorists in Kentucky have a legal duty to follow traffic laws and operate their vehicles safely.
When a driver breaches this duty and causes an accident, he or she may be liable to pay compensation for the injuries that result. This general rule of law applies regardless of whether the victim is a driver, passenger, or pedestrian. Still, it’s important to know your legal rights as a passenger in a car accident. Enforcing your right to compensation is another matter. It requires the assistance of an experienced car accident attorney in Kentucky.
How Can I Enforce My Legal Rights to Seek Compensation as a Passenger?
When you’re injured while riding in a car that’s involved in an accident, you have several options. The most practical first step is to file an insurance claim. Because Kentucky is a no-fault state, you may:
- File a Third-Party Insurance Claim: As a passenger, you may have a third-party claim against one or both drivers involved in the accident. While those parties may have a dispute over who was at fault, you are most definitely not responsible. You can pursue a claim against the person who was driving, the other motorist, or both.
- Apply for No-Fault coverage: No-fault coverage is provided through the insurance on the car in which you were a passenger. Insurance can cover your medical expenses and lost wages up to the applicable limit.
- File a Lawsuit: If you’re unable to resolve your claim with an insurance company through an out-of-court settlement, you may sue to recover compensation for your losses. This may be because the initial claim was denied or is insufficient.
Are There Limits to My Legal Rights After a Car Crash in Kentucky?
There are restrictions on filing lawsuits in Kentucky motor vehicle accident cases, because of the state’s statute of limitations. For motor vehicle accidents, a lawsuit must be filed in court within two years after the accident, or within two years after the last no-fault payment, whichever is later, under KRS 304.39-230(6).
Do I Need a Lawyer to Enforce My Rights to Compensation?
As a victim injured in a Kentucky car accident, it’s critical to retain an attorney.
The lawyers at Harville Law Offices, PLLC have the experience necessary to ensure you receive the amount you deserve under the law. Our attorneys will fight for your rights, either in the courtroom or in settlement negotiations with insurance companies.
If you’d like to schedule a free case assessment to hear more about your options, please contact us today.
We’re happy to answer your questions and discuss the details of your case. We serve car accident victims, including passengers, throughout Louisville, Lexington, Owensboro and Bowling Green, and all counties in the surrounding area.