If you have been involved in a vehicle accident in Kentucky, determining fault can be challenging. If the insurance company is trying to claim a 50/50 split liability, or what we call “disputed liability,” this may leave you only able to recover 50% of your losses. If the other party should own more of the fault, you may need the help of a Louisville personal injury attorney with Grossman Green PLLC. We can answer the question of ‘How do split liability claims work?” and help you recover the compensation you are due.
Disputed liability (50/50 split) claims in Kentucky
Disputed liability, sometimes called a 50/50 split liability claim, refers to situations where both parties are considered equally responsible for the damage. Several factors can affect whether your accident is 50/50 for liability, and this can directly impact the amount of compensation you can recover.
This type of liability may not be typical for a road traffic accident where you were t-boned while waiting at a red light because there isn’t much you could have done to contribute to that accident, and the other party is responsible.
However, suppose you hit a vehicle backing out of the parking space across the aisle at the same time you were backing out. If both parties began to back out at about the same time, they should have been more vigilant. As a result, they may be considered equally responsible and 50% liable.
Disputed liability claims often arise when the other driver gives a conflicting or inaccurate version of events. When this happens, it’s sometimes helpful if an accident reconstructionist evaluates the collision to render opinions about how the wreck occurred. If you’ve received a 50/50 insurance claim decision from an adjuster, you may be dealing with a disputed liability situation that requires legal guidance.
Pure comparative negligence laws in Kentucky
Kentucky adheres to a pure comparative negligence model regarding apportioning liability in personal injury claims. This means that, while you are not barred from recovering compensation if you are partly responsible for the accident, your payout is also affected by any amount of liability the insurance company can pin on you.
In a 50/50 liability split, you may be responsible for half the cost of the other party’s injuries, and they may be responsible for half of yours. Every chance you have to alleviate your liability is a higher percentage of your overall losses you are eligible to recover.
Kentucky is a choice no-fault insurance state
Kentucky follows a choice no-fault insurance model, which means drivers are generally covered under the no-fault system unless they explicitly opt out. Under this model, your Personal Injury Protection (PIP) coverage provides up to $10,000 for medical expenses and a portion of lost wages, regardless of who caused the accident.
Opting out of the no-fault system is rare and typically not to the motorist’s benefit. However, if you have opted out, Kentucky then functions as a fault state, meaning the driver who caused the accident (or their insurance) is financially responsible for all resulting damages.
Even with no-fault coverage, you may still be able to pursue a claim against the at-fault driver if your injuries meet certain legal thresholds. This allows you to seek compensation for pain and suffering, serious injuries, and lost income beyond PIP limits. You’ll need to show that the other driver was at fault to pursue damages beyond PIP.
Reducing your liability to avoid a split claim
Due to Kentucky’s comparative negligence and insurance laws, reducing your liability is key to maximizing the compensation you receive and covering your costs. If you are concerned about the role you may have played in your accident, or if the other party, or their insurer, is trying to label your case as a 50/50 insurance claim, you could be at risk of losing needed compensation.
Talk to a lawyer about disputed liability
It’s often best to avoid speaking with the other party or their insurance company unless you have consulted with an attorney to reduce the insurance company’s ability to assign unfair liability. Grossman Green provides free case consultations that you can schedule with us online or over the phone by calling (502) 657-7100. Call us today.