The impact occurs in seconds, but the aftermath lasts for months. You’re standing on the side of Bardstown Road (or Louisville Road if you live in Bardstown) with a damaged car and racing thoughts. Before repairs start on your vehicle, medical bills begin to pile up. The other driver’s insurance company calls, asking for a recorded statement. You don’t know who to trust, what to say, or how to protect yourself. At McCoy & Sparks, PLLC, we’ve helped thousands of accident victims understand what to do after a car accident and navigate Kentucky’s complex insurance system to protect their rights from the outset.
What Should You Do Immediately After a Car Accident?
The minutes following a crash can be challenging, depending on the severity of injuries, car damage, and the level of shock. Once everyone is secure and you are able, it is essential to document everything. Start by calling 911 to report the accident, even if the damage seems minor. Kentucky law requires you to report any crash causing injury, death, or more than $500 in property damage.
While waiting for the police, take these steps:
- Photograph all vehicles from multiple angles;
- Capture the accident scene, including skid marks;
- Get contact information from drivers and witnesses;
- Document visible injuries with photos;
- Look around to see if any businesses or residents have cameras; and
- Document what the other driver says and does at the scene.
Do not apologize or admit fault. Anything anyone hears you say might be used against you in court.
When Should You Contact an Attorney?
Contact an attorney as soon as possible and before speaking with any insurance company beyond reporting the basic facts of the incident. Opposing insurance companies train adjusters to get statements that may hurt your claim and help them minimize payouts. An experienced attorney handles all communication with insurers while you focus on recovering. We know how insurance companies operate and how to counter their tactics. Early legal representation makes a critical difference in cases involving:
- Disputed liability—the other driver denies fault;
- Severe injuries—you suffered broken bones or permanent impairment;
- Multiple parties—if determining fault becomes complex; or
- Insurance interference—the company stalls or offers an unreasonably low settlement.
Do not sign anything or accept any settlement without reviewing it with an attorney. Once you receive a settlement and sign a release, you cannot pursue additional compensation later.
What Role Does Insurance Play in Car Accident Claims?
Kentucky’s no-fault system requires every driver to carry minimum PIP coverage of $10,000 per person for medical expenses and lost wages, regardless of fault. You must also have liability insurance with minimum limits of $25,000 per person and $50,000 per accident for bodily injury. These minimums rarely cover serious injuries, which is why pursuing car accident legal advice early becomes essential.
If there comes a time when your expenses extend beyond your PIP policy limit, and your injuries meet Kentucky’s threshold requirements, you can step outside the no-fault system and pursue a claim against the at-fault driver. You qualify to sue if your medical expenses exceed $1,000, or if you suffered a permanent injury, a broken bone, or if your loved one has died. When the at-fault driver’s insurance limits don’t cover your damages, you may then file an underinsured motorist claim with your own insurer. Your UM/UIM coverage pays the difference up to your policy limit. This can be a tricky process and must be undertaken carefully so as to avoid jeopardizing the coverage.
How Long Do You Have to File a Car Accident Lawsuit?
Kentucky’s statute of limitations for injury claims arising from motor vehicle accidents is two years from the date of your last PIP payment. Missing this deadline can prevent your case from moving forward at all. The court will dismiss your lawsuit, and you’ll lose your right to pursue any car accident compensation. There are some exceptions to this and some claims may be governed by a shorter period of limitation. That is why you should seek advice from a qualified personal injury attorney as soon as possible.
What Compensation Can You Recover After a Car Accident?
Kentucky allows you to recover both economic and noneconomic damages. The state does not cap compensation in most injury cases.
Economic damages include:
- Medical expenses—emergency treatment, surgery, rehabilitation, medications;
- Lost wages—time missed from work;
- Future medical costs—ongoing treatment for permanent injuries; and
- Property damage—vehicle repair or replacement.
Noneconomic damages include:
- Pain and suffering,
- Emotional distress,
- Impairment,
- Loss of enjoyment of life, and
- Permanent scarring.
Juries determine these values based on the severity and permanence of your injuries.
How Does Kentucky’s Comparative Negligence Law Affect Your Claim?
Kentucky follows a pure comparative negligence system, which means you can recover compensation even if you’re partially at fault for the accident. However, your total recovery decreases by your percentage of responsibility.
Here’s an example of how it works: if the jury finds you were 20% responsible for the crash, your $100,000 verdict means you actually collect $80,000. Unlike some states, Kentucky allows you to seek compensation even if you’re 99% responsible, though your award would be minimal.
The amount of money at stake, depending on whose fault the accident was, is why insurance companies fight so hard to shift blame onto you. Even small percentages of fault significantly reduce what they pay.
An attorney can protect you from unscrupulous adjusters or insurance companies. We gather evidence that demonstrates the facts, including police reports, traffic camera footage, and expert accident reconstruction analysis. When the insurer claims you were speeding or distracted, we use the evidence to prove otherwise and protect your full recovery. We have an experienced nurse consultant on staff to help us maximize the recovery for your injuries.
Why Do Accident Victims Trust McCoy & Sparks, PLLC?
Being injured in a crash throws your life into chaos. We’ve walked this path with thousands of accident victims from Central Kentucky. Our attorneys bring nearly eight decades of combined trial experience to every case. We’ve secured millions of dollars in settlements and verdicts for our clients, including multiple seven-figure recoveries in car accident cases. Although we cannot guarantee any settlement amounts, we do know how to investigate accidents, challenge insurance tactics, and prove the full value of your claim. When your recovery is on the line, you need attorneys who treat your case like it matters. McCoy & Sparks will do just that.
Get the Legal Help You Deserve Today
The lawyers at McCoy & Sparks, LLC know precisely what to do after a car accident. Contact us today for a free consultation, and we’ll immediately begin protecting your rights and fighting for your compensation.
Resources:Comparative Negligence, Ky, Rev. Stat. Ann. § 411.182, link.