Common Misconceptions About Car Accident Claims

December 16, 2021

By Grossman Green PLLC

Many people have misconceptions about the process of filing car accident claims. Some of those misconceptions can cause victims of car crashes to make mistakes that will jeopardize a claim.

Since relying on false information could harm your ability to receive the compensation to which you are entitled, you must speak with one of our skilled car accident attorneys at Grossman Green PLLC to fight for the compensation you deserve. Our attorneys serve clients in Louisville and communities throughout Kentucky and Southern Indiana. We are here to explain the claims process and your legal rights to make informed decisions about your car accident claim.

5 Misconceptions About Car Accident Claims

Below are the five most common misconceptions about car accident claims.

1. It is the at-fault driver’s insurance that pays for injuries and damage.

That is not necessarily true if you live in a state with no-fault insurance laws. Kentucky is a “choice no-fault” state, which means that while the state, by default, requires all motorists to purchase and carry personal injury protection (PIP) coverage, motorists also have the choice to opt out of the no-fault system.

Drivers who did not opt out of the no-fault system must file a car accident claim with an insurance company first to get compensation for medical bills and expenses incurred as a result of the accident.

2. You cannot seek compensation from the at-fault driver because Kentucky is a no-fault state.

If your injuries are severe, your PIP coverage may not cover the full amount of your car accident claim. When this is the case, you have the option to file a claim against the at-fault driver as long as your injury meets certain requirements. Under Kentucky law, your injury meets the threshold if you (a) incurred over $1,000 in medical bills or (b) experienced one of the following conditions:

  • Broken bones
  • Permanent injury or loss of bodily function
  • Permanent disfigurement

These requirements are applicable when filing a claim against the at-fault driver for bodily injuries.

3. You do not need to file a police report if the accident is minor.

Under Kentucky law, drivers must file an accident report within 10 days of the crash if the accident involved death or injury to any person or property damage of more than $500 in value. The police will prepare a report that will provide critical supporting evidence for your claim. While the police report may be valuable for your car accident claim, it will not determine fault for the collision.

4. You were partially to blame for the accident, so you cannot file a car accident claim.

Many people mistakenly believe that they cannot recover compensation if they were partially to blame for the accident. However, since Kentucky is a pure comparative negligence state, you can still get compensation even if you were partially at fault for the accident. Under this system, your recoverable damages are reduced by a percentage equal to your degree of fault.

5. You do not need an attorney to file a car accident claim.

While you can file a car accident claim without an attorney, hiring a skilled attorney could help you overcome challenges and put you in a better position to win your case. An attorney will help you navigate the claims process and negotiate with insurance companies to obtain a higher settlement amount.

You must have a knowledgeable car accident attorney to help place a value on your claim to help you pursue the compensation to which you are entitled.

Get the Experienced Legal Help You Need

With a better understanding of the legal process when filing a car accident claim, you have a better chance to receive the compensation you deserve to cover your medical bills and pay for your other damages and losses. Our results-driven and experienced car accident attorneys at Grossman Green PLLC are dedicated to helping accident victims in Louisville, throughout Kentucky, and Southern Indiana to understand legal rights and options when seeking compensation.