How Is Fault Determined in a Kentucky Car Accident?

Fault is initially assessed by insurance companies. This will happen after their adjuster has a chance to review the evidence and make a determination. Yes, that adjuster works for the insurance company, so they will always lean toward a judgment that benefits the carrier.

Fault can also be determined by a judge or jury if your claim proceeds to a civil lawsuit.

The first two pieces of evidence in any car crash will be the testimony of the drivers involved. However, those accounts don’t often provide the complete picture of what happened.

The other evidence you need to gather includes the following:

• Police accident reports
• Eyewitness statements
• Photos or videos of the scene
• Vehicle damage
• Surveillance footage
• Dashcam footage
• Reconstruction expert testimony

One of the reasons that determining fault in a car accident is so vital is because of Kentucky’s comparative fault policy. Under KRS § 411.182, each person in an accident is assigned a percentage of fault. If you are partially at fault, your final compensation will be reduced by that percentage amount.

This can help reduce an insurance company’s exposure, which is why they do all they can to push some of the blame of the accident onto you.

Kentucky mandates that every driver carry Personal Injury Protection (PIP). This is a no-fault insurance policy that pays for your initial medical expenses regardless of who is to blame for the accident. That means your own insurance pays for your medical expenses up to the limit of the policy.

When that money runs out, you could file a claim against the at-fault driver’s insurance company. That means you need to determine fault as quickly as possible so there’s no delay in your reimbursement.

If you’ve been involved in a car accident, you need to determine who was responsible for the accident as quickly as possible.

The Kentucky statute of limitations allows only 2 years to file a claim. That might seem like plenty of time, but when you factor in delays with the insurance investigation and collecting all the evidence, those two years can fly by fast.

The skilled car accident lawyers working at McCoy & Hiestand, PLC know how important it is to help clients find a fast resolution for a car accident claim. We can call on accident reconstruction experts to analyze the available evidence and produce an accurate account of what happened.

When we combine that with information from police reports and any available surveillance footage, it should leave no doubt who should be held accountable.

If you’ve been injured in an accident, you owe it to yourself to schedule a free consultation with our office. We can answer more of your questions and discuss your next steps for seeking compensation.

Make that appointment today.