If my car is rear-ended in Kentucky, am I liable?
In Kentucky, if you are involved in an automobile accident in which case your vehicle is rear-ended, in most circumstances the driver that hit your car from behind will be determined to be at fault, no matter why you stopped. The police generally determine fault when they issue their accident report. Fault depends on various factors, whether the vehicle could stop safely, driver traveling too fast, too closely, or both. This determination is based upon the damage to the vehicles as well as the basic “rule of the road” requiring a driver to be able to stop safely if traffic stops suddenly ahead of him or her.
Kentucky is one of a dozen states that have a no-fault car insurance system in place. In a no-fault state, each driver’s insurance will typically pay injuries on his or her self, regardless of who was at fault for the accident, unless the claim qualifies for exemption from the no-fault system.
Kentucky requires basic PIP Personal Injury Protection (PIP) coverage on all motor vehicles except motorcycles. In most rear-end car accidents, the driver in front is either stopped or slowing when the driver in back hits the car from behind. While it is the policy of most insurance companies to accept that the driver in the back car is at fault in a rear-end collision, that is not the law. Basic PIP is to be paid by the insurer of the vehicle in which the injured person is riding at the time of an accident, or the vehicle which strikes a pedestrian, regardless of who was at fault in the accident. Because laws cannot possibly anticipate all the possible variations of every accident, insurance companies offer to settle claims based on their estimate of what would likely happen in the event that the same case came to trial–who would be found at fault and for how much they would be held liable. Generally, people who get rear-ended are not determined to be negligent, while those who rear-end them are.
In Kentucky, the threshold amount of $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death per KRS 304.39-060 is required in order to be able to file a lawsuit to collect for pain and suffering. PIP insurance coverage pays up to $10,000 per person, per accident for injury-related expenses, regardless of who was deemed to be at fault for the accident. (You can and generally should choose to pay for higher benefits due to the high percentage of uninsured drivers on the roads.)
Based in Louisville, Kentucky, the Shelton Law Group practices Kentucky motor vehicle accident personal injury law. We will finance your case. You only pay us only if we win. That’s because we work on a contingency fee basis. We believe this is the fairest approach. Why should you pay for something that doesn’t benefit you? Contact the Shelton Law Group today. Call 1-888-761-7204 to speak with a lawyer for free today. At the Shelton Law Group – we take your case personally.
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Kentucky Rear-Ended Drivers Liability