There are many accident victims who are unfortunate to have misconceptions about car accident cases. They range from the idea that they are required to give statements to the insurance company when the insurance wants to the idea that Kentucky juries are generous. Another common misconception is "Just Because I Was In An Auto Accident That Wasn't My Fault There Is An Insurance Company That Will Pay My Medical Bills, Lost Wages And Pain And Suffering ". This is not true. It is your responsibility to have automobile insurance coverage that will financially protect you and your family. Loss wages and medical bills are initially paid by your insurance company. These must be paid even if the person that hit you did not have insurance. If you do not have car insurance you may be responsible for the first $10,000.00 of your medical bills even if then accident wasn't your fault. I do not personally agree with this law, but the Kentucky Courts have rendered an opinion stating this. The bottom line is, make sure that you have car insurance. It is the law.
There are also times that the insurance company of the person that hit you may dispute your pain and suffering altogether or try to pay you what they call a nuisance settlement. This is an amount less than it would cost to defend the case or a small amount of money to get rid of you. The at-fault insurance company is not required to pay you. Generally speaking they will pay only if they think they will not win in court. When they don't pay you will need an experienced attorney to take your case to court. This will be your only option.
If the person that hit you did not have insurance you have two options. You can sue him individually, go to court and obtain a judgment against him. Judgments can be extremely difficult if not impossible to collect. You can also make a claim under the uninsured motorist coverage of your policy. Once you settle with your insurance company they will decide whether to try to collect from the person that hit you. If you don't have uninsured motorist coverage you may not be able to collect. This is a good time to recommend that you check and make sure that you have the insurance coverage that will protect you and your family if this situation arises.
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About The Author
Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of "7 Potholes That Can Wreck Your
Kentucky Accident Case" and "What You Don't Know About
Buying Car Insurance Can Hurt You".
