If you’ve been in a car accident in Lexington, KY, you may wonder what to expect during the claims process.
What will happen when you file a claim? What should you do to ensure the process goes smoothly?
Read on for a discussion of what drivers can expect when filing an auto injury claim in Kentucky and for insight into when hiring an auto accident lawyer like the ones at Peterson law Office may be necessary.
Factors That Determine Whether You File a Claim or Not
If you’ve been in a car accident in or around Lexington, you may wonder what to expect when filing a car accident claim. Understanding beforehand eases the process since not all auto insurance policies are created equal.
Still, baseline knowledge of what to expect can help save you from any nasty surprises when seeking compensation for property damage, medical expenses, and other associated crash costs. These factors will determine whether you file a claim or not:
- Filing a claim depends on the extent and cause of the injuries or physical property damage.
- The company to file the claim with usually depends on who’s at fault or what caused the damage.
- Did the police create an accident report?
- Could comparative fault affect your claim?
- What is Kentucky’s statute of limitations for filing a car accident claim?
The answers to these questions will give you a good idea of what to expect and help you determine whether filing an auto insurance claim is the best option.
What To Do After an Accident
Accidents are jarring and stressful. You may feel physically and emotionally shaken up, but staying calm and collected is necessary. What you do immediately following an accident can significantly impact the claims process and consequently the amount of compensation you receive. In addition, the information you can gather directly after a car accident in Lexington, KY can be crucial for an insurance claim or when an attorney from here at Peterson Law Office builds a case and files a lawsuit on your behalf.
During the claims procedure, your insurance carrier will most likely request various pieces of information, such as the names of those involved, where and when the accident occurred, and weather and roadway conditions at the time of the collision, among other things. While at the scene, ensure you at least do these few things before leaving:
- Call 911 to have your injuries checked out and file a police report.
- Exchange insurance and contact information with everyone involved.
- Gather all your evidence, including pictures and videos.
The Claims Process
Most Kentucky insurance companies handle claims similarly, which makes reporting a straightforward process. Call your insurance company and begin the claims process. Typically, a representative will take all the information they can at the time of the call. A claims adjuster will call you soon after and request anything you collected at the scene.
Property Damage Claims
Once you’ve cleared that step, get quotes for the work you’ll need to fix your car. Usually, you can have the repairs done at any shop you choose, but your insurance company will likely have a list of approved garages. You may have to pay the difference if your company does not endorse the shop. Aside from that, your insurance company may send the check directly to the shop, or you may receive it. If you don’t believe the insurance company is compensating you fairly, speak to the adjuster; they have the authority to raise the amount to a certain point.
Accident Injury Claims
Kentucky is a no-fault insurance state, meaning your insurance company will pay for your damages regardless of who is at fault for the accident. These laws aim to keep insurance rates low and reduce the number of auto injury lawsuits filed yearly.
No-fault insurance claims usually cover:
- Medical bills
- Lost income
- Cost of replacement services
- Burial and funeral costs, if the crash results in a wrongful death
In no-fault states, you typically cannot sue the other driver for damages unless your accident-related losses, such as the ones listed above, exceed a certain threshold and/or certain conditions are met such as if the Lexington, KY accident caused significant injury, resulting in extremely high medical bills.
No matter whether you’re planning to file a claim with your insurer or to sue the other motorist who you allege caused your injuries, you only have a certain amount of time to file a claim due to the statute of limitations that applies to civil matters like this in Kentucky.
When Do You Need a Car Accident Lawyer?
If you’ve been in an accident and the insurance company isn’t fairly compensating you, reach out to an auto injury lawyer in Lexington, KY.
Other scenarios in which you may want to consider consulting with a car accident attorney is if:
- The other driver was uninsured or underinsured
- Your injuries meet Kentucky’s threshold for filing a lawsuit against the other motorist
- The accident was a hit and run
- You believe the Kentucky insurance company is acting in bad faith
- The statute of limitations is approaching, and your insurance company hasn’t taken action to resolve your claim
Filing an auto insurance claim is usually straightforward, but that doesn’t mean it’s always easy. A lawyer can help you understand your rights and ensure you’re fairly compensated for your injuries. The consultation is free, and you won’t owe any fees unless your car accident lawyer from Peterson Law Office wins your Lexington case.
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