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You Had a Car Wreck and Your PIP is Exhausted – Now What?
If you’ve been involved in a car accident in Kentucky and your Personal Injury Protection (PIP) benefits have been exhausted, you might be wondering what your options are next. At Mehr Fairbanks Trial Lawyers, we have helped many people in similar situations navigate the complexities of insurance claims and legal actions. Here’s a simple guide on how you can make a claim against the at-fault driver.
1. Determine Liability
The first step is determining who is at fault for the accident. This is crucial because Kentucky operates under a “no-fault” insurance system, meaning your PIP coverage (usually $10,000) is first used to cover medical expenses and loss of income, regardless of who caused the accident. However, just because your own insurance company has been paying PIP benefits does not mean you cannot pursue a claim against the at-fault party. Under Kentucky law, you can pursue a claim against the at-fault driver if you have more than $1,000 in medical expenses, a broken bone, or other permanent injury or disfigurement.
If you have questions about what “no-fault” insurance means in Kentucky, see our previous post for more information.
2. Gather Evidence
You should gather all possible evidence to support your claim against the at-fault driver. This may include photos of the accident scene, medical records, police reports, and any witness testimonies. Evidence is key in proving the other driver’s negligence and your resulting injuries. If you continue to suffer lost wages or other damages, you should continue to keep track of this information as your losses continue to accrue.
3. Consult with a Lawyer
This is an important step, especially if you are reaching the point where your PIP coverage may be exhausted or if your medical bills exceed $1,000. We can guide you through the process, proving the fault of the other party and negotiating with their insurance company on your behalf to ensure you get a fair settlement.
4. File a Lawsuit
If settlement negotiations are unsuccessful, filing a lawsuit may be your next option. Keep in mind that Kentucky (as of the date this article was posted) has a two-year statute of limitations for filing personal injury lawsuit related to car accidents. There can be nuances related to the deadline to file a lawsuit related to a car accident, and the laws can change on this issue. It is crucial to keep in mind that there are certain deadlines that impact your ability to pursue your claim further. Therefore, it is important to contact a lawyer as soon as possible to discuss and preserve your legal rights.
Contact Us
If you have more questions or need assistance with your case, contact us today at (800) 249-3731 for a free consultation.