In the moments after your crash out on I-75 or at an intersection on New Circle, you’ll wonder what happens next and who will pay for it.
You might get into an exchange with the other motorist as you exchange contact and insurance information. If the police come to the scene, you’ll each provide your statements. When that accident left you with injuries and property damage, you’re going to want to file a claim to be reimbursed. After all, if the accident wasn’t your fault, you shouldn’t have to pay for it.
Even though you are justified in filing your claim, challenges often can prevent you from getting the compensation you’re due.
Before you file a claim, you would benefit from speaking with the Peterson Law Office. We’re a team of dedicated attorneys who can assist clients throughout every step of the car accident claims process, from initial contact with the insurance company to the verdict of your trial (if we take it that far).
If you’ve been injured in a car accident, you must understand the claim process and challenges you might face in getting a fair settlement.
Claim Process Timeline
How long after a car accident can you claim injury in Kentucky? It is essential to step back and consider the “big picture” in relation to the statute of limitations. According to Kentucky law, most personal injury actions have to be filed within one year of the incident occurring. However, there is an exception for cases involving civil actions related to car accidents. In those situations, you have two years from the accident to file a claim.
Two years might seem like a long time, but when you involve insurance companies, that time goes by quickly. Please note that the two-year limit applies to filing a civil lawsuit. Before taking that approach, you will most likely need to go through the insurance claim process first.
That means filing a claim with the at-fault driver’s insurance, waiting for them to conduct their own investigation, and then negotiating for a fair settlement. That process takes several months.
Before you know it, you’re running out of time.
Key Evidence for Your Car Accident Claim
In order to expedite your car accident claim process, you and your attorney will gather key evidence to support your version of the accident. You might not have access to all of this evidence, but your Lexington car accident lawyer will be able to obtain it. Here’s what you’ll need to gather.
Police Reports
When the police arrive at an accident scene, they are required to complete a crash report. This report provides the basic facts about the accident. That includes your statement and the statement from the other driver. It will also detail any injuries, the road conditions, the time of day, and any other pertinent information.
A police report will also indicate if any citations were issued as a result of the accident. If those citations were issued to the at-fault driver, it could be solid proof of their liability. It is essential to note that these reports are not the final determination of the accident’s outcome, but insurance companies rely heavily on them for their final findings.
Physical Evidence
As you know from watching countless hours of crime dramas on television, physical evidence is crucial. In a car accident, the physical evidence can include skid marks that could determine the speed of the vehicles. It can also include evidence of the force of impact on the cars.
Photos and Videos
If you had the opportunity to take photos and videos after the accident, those can be used to support your claim. Your attorney’s investigators can help gather additional videos from any nearby traffic surveillance cameras. There may also be footage from another car’s dashcam. The type of photos and videos you should strive to collect includes the following:
- Damage to the vehicles
- The entire accident scene from multiple angles
- Any traffic signals or traffic signs
- Road conditions and weather at the time of the accident
- Your visible injuries
Witness Statements
Along with the photos and crash report, witness statements can be another key piece of information. Not all witnesses stop at the moment of the accident. However, some will often come forward and report to the police what they saw. If there are witnesses that corroborate your version of the accident, your attorney can help track them down and get their support.
Expert Testimony
An experienced attorney will also have access to a network of accident reconstruction experts.
These experts can correlate all available evidence to generate a reconstruction of the accident that can definitively prove who was responsible.
Medical Records
Along with all the other evidence of the actual accident, your medical records will go a long way toward establishing the extent of your injuries and how much you’ve suffered as a result of those injuries.
These injuries are a core element of your losses and need to be established as soon as possible. This doesn’t mean you have to wait to completely recover from the injuries before you file. The best time to file a claim is once you have all the evidence.
Defending Against Pure Comparative Negligence
Kentucky follows a pure comparative negligence system. As detailed under Kentucky Revised Statute 411.182, you are entitled to recover damages even if you were partially at fault in the accident.
Suppose you are assigned any portion of the liability that will be deducted from the final settlement amount. This is something that insurance companies push for to reduce their payout liabilities.
When you have an experienced attorney on your side, like the team at Peterson Law Office, you’ll be able to file a claim quickly and more accurately. We assist clients from the very beginning of the claims process and remain with them until a resolution is reached.
That support begins with our first free consultation. Call to get started.
