Can a Personal Injury Claim be made in a Single Car Accident in Kentucky?
A single car accident normally means the driver is at fault in the accident. There are some exceptions to this rule. Sometimes there is negligence from an outside party that causes a single car accident such as defective vehicle, negligent repair of a vehicle or creation of a hazard on a roadway. If there is a negligent third-party in a single car accident, then the driver or their estate, in the event of the death of the driver, can make all the claims allowed by Kentucky law- pain and suffering, medical expenses, lost wages, etc.
Assuming that the single-car accident driver is at fault, the only claim that can be made is for no-fault benefits because these benefits are being paid without regard to who was at fault in the accident. If the single car accident driver is seriously injured and unable to work, they should notify their auto insurance company that they want to reserve their entire $10,000.00 dollars in no-fault benefits for lost wages. This is important because they may not have another source to pay lost wages, but they are likely to have health insurance that can pay for their medical expenses.
How to reserve Kentucky No-Fault Benefits for Lost Wages
Kentucky no-fault benefits provide $10,000.00 in insurance coverage in the event of an auto accident. It pays for medical expenses, lost wages ($200/week limit), survivor’s economic loss, and replacement services loss. Medical providers know that no-fault insurance pays them dollar for dollar whereas health insurance pays them pennies on the dollar and, therefore, they are anxious to use the no-fault benefits to satisfy their bills.
The person injured in the accident, who purchased the no-fault benefits, has control over what the insurance company pays with their no-fault benefits. Therefore, they can instruct their insurance company to reserve all the benefits for lost wages. They will need to do this in writing to make sure their request has been documented.
One of the interesting problems that has arisen regarding a person’s ability to direct the no-fault payments is what happens when the no-fault insurance company makes a mistake and does not follow their instructions. In my opinion, the no-fault insurance company should have to eat their mistake, but I have had it happen a couple of times for clients and the insurance companies have not agreed to eat their mistake. I have not had any occasion to litigate this issue to know what a Court might do and I am not aware of any legal precedent addressing the issue.
Contact Kentucky Auto Accident Attorney!
The circumstances involved in the deadly accident described above will require the services of an experienced Kentucky auto accident attorney to investigate and locate all available evidence to determine liability and to maximize all insurance benefits available to the victim in this auto accident. Matthew Troutman, Kentucky auto accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident. It is very likely that the at fault driver will not have enough insurance to fully compensate the victim’s estate, and, therefore, it will be important for there to be underinsured motorist benefits available to the victims.
If you need legal assistance due to a motor vehicle accident, contact Kentucky auto accident attorney Matthew Troutman directly at 859-696-0001 or 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Kentucky car accident attorney Matthew Troutman and the Troutman Law Office, click here.