Truck accidents cause some of the most devastating injuries and damages. Unfortunately, these accidents are quite common in Kentucky. If you have recently been in a Kentucky truck accident, it’s ideal to contact a truck accident lawyer as soon as possible to learn about and protect your rights.
Several laws and regulations govern how victims of truck accidents can claim compensation. A lawyer can help ensure you file your claim according to state laws, including meeting deadlines, thus increasing your chances of a successful outcome.
What Is the Kentucky Deadline for Filing a Truck Accident Claim?
According to the Kentucky Transportation Cabinet (KYTC), there were a total of 119,449 reported collisions and 708 fatalities in the year 2020. Though victims of family members have a right to claim compensation, they are required to abide by the laws and regulations that govern how to submit a claim or file a lawsuit. These laws include the deadline for filing a police report and the statute of limitations.
Deadline for Filing an Accident Report
In Kentucky, you must notify the police if a truck accident results in more than $500 in property damage. You also must file a Civilian Collision Report (CCR) with the Kentucky State Police within 10 days from the accident date. The police will typically do this for you if they arrive at the scene.
However, you can also file the CCR report online and download a copy for use later in your case. Once complete, you can provide the case number and details of the report to your insurance.
Kentucky Statute of Limitations
Suppose you sustain injuries after an accident due to negligence. Per Ky. Rev. Stat. § 304.39-230, you will have two years from the date of the accident file a lawsuit. If your medical bills were covered with your Personal Injury Protection policy (PIP), you have two years from the date of the last PIP payment to file a claim or personal injury lawsuit.
If the accident only caused damage to your property and no bodily harm, you have two years from the date of the crash to file a property damage lawsuit against the liable party, per Ky. Rev. Stat. § 413.125.
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What are PIP Insurance and No-Fault Insurance Laws?
Kentucky has no-fault car accident laws that require all motorists to have PIP insurance, although drivers can choose to waive PIP coverage due to Kentucky’s choice no-fault laws. In an accident, the victims can file injury claims with their insurance providers first, instead of the liable party’s insurance company. The PIP insurance can cover medical bills and other expenses, regardless of who is at fault. However, PIP can only pay a maximum of $10,000. The policy covers both drivers and their passengers.
If your policy doesn’t have a higher limit and the damages cost more than $10,000, you can take legal action against the at-fault party. However, you can only sue the driver or any other liable party if:
- The truck accident caused at least $1,000 in medical treatment costs
- You sustained serious injuries like bone breaks or permanent injuries
- You suffered permanent disfigurement
- You suffer a permanent loss of one or more body functions
- The accident was fatal and your loved one passed away as a result
Since such injuries and effects result in high medical and healthcare costs, you can quickly max out your PIP insurance. In that case, you can recover damages from the at-fault party through a lawsuit.
Are There Damage Caps in a Truck Accident Claim in Kentucky?
There are no accident damages caps in Kentucky, meaning you can recover all economic and non-economic damages as long as you can prove them. Your lawyer can help you file a claim with the insurance company, value it, and negotiate fair compensation.
Also, the state has a pure comparative negligence law, allowing you to recover damages, regardless of your percentage of fault. For example, if you were 99% at fault and the claim’s value is $100,000, you can only recover $1,000.
Contact Isaacs & Isaacs Personal Injury Lawyers to Learn More
If you or a loved one is a victim of a recent truck accident in Kentucky, consider hiring a lawyer to handle your case. Lawyers are familiar with the laws that govern personal injury claims and can help you throughout the legal process. At Isaacs & Isaacs Personal Injury Lawyers, we are ready to review your case for free and help you pursue fair compensation. Call us today to learn more.