Can You Sue In A Car Accident – When you (and your family or friends) are injured in a Kentucky car accident, you file a claim with your insurance company, which forwards it to negligent driver insurance. If the driver does not make a fair and reasonable payment to cover all damages you have sustained, a lawsuit to recover the balance may ultimately be appropriate.
The main reason to file a car accident lawsuit is to pay for all the damages you have suffered. You and your family need this to cover ALL of your medical bills, lost wages, pain and other injuries you have suffered, not just some of them. After all, you wouldn’t want this careless driver to hit you.
Can You Sue In A Car Accident
Kentucky is a “no-fault” insurance state, which may limit your right to sue a negligent driver. Therefore, there are some limitations that may affect your right to sue and what you can collect. To sue someone after a car accident in Kentucky, you must have at least $1,000 in medical expenses or suffer any of the following;
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“No fault” also means that your auto liability policy will cover the first $10,000 of your accidental medical bills and lost wages, regardless of who is at fault.
Let’s say the driver who hit you has the minimum coverage required by law ($25,000 personal injury per accident, $50,000 bodily injury per accident, $10,000 property damage) and your claim is clearly covered. if the driver’s policy has limits. Therefore, you can make a difference depending on the value and type of your insurance.
Since your insurance company pursues and compensates you for the negligent driver, your reasonable needs will be met, but only within the limits of their customers’ policies. Your insurance will then step in to cover the difference.
However, if you have BOTH negligent driver insurance and there is a lack of compensation, and any of the above conditions apply to you and/or others who were injured in your vehicle, you may need to take the negligent driver to court . . .
Can I Sue Someone For A Car Accident?
Here is another situation. Is there a third party involved in the accident, such as another driver, or another organisation, such as a road contractor or municipality, who is responsible for faulty road signs or otherwise? Your attorney’s investigation will confirm that there are third parties responsible. This investigation will determine if the third-party defendant has assets that can be seized and used to pay your damages.
But ultimately deciding whether to file a lawsuit depends on whether a negligent defendant has the assets to pay for you. Experienced personal injury attorneys have the ability to investigate and find assets that will pay for the rest of your damages, including assets that the negligent driver tried to hide.
If you and/or any of your family members have been injured by a negligent driver, it is a good idea to visit a member of the Billy Johnson Law Firm in Pikeville; If for no other reason than to read the warning signs when applicable. to the compensation you receive from the driver and/or the insurance company. Consultation is free.
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and soon decided to live in the beautiful Appalachian Mountains. Like many in Eastern Kentucky, Billy’s father worked as a coal miner; It’s a tough job, but one that teaches his son to persevere through hardships. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck and motorcycle accidents, wrongful death, work injuries and more. [ Life of a Lawyer ] If you have been seriously injured in a car accident, you can file a lawsuit against the person(s) responsible with the help of a car accident lawyer. There is usually only one person responsible: the driver who caused the accident. The responsibility for an accident can, however, in certain cases include one or more parties.
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It is therefore important to find out whose car it was and who was driving it at the time of the accident. When exchanging information after an accident, check that the name on the driver’s license matches the name you see on the vehicle’s registration and insurance certificate. If the names do not match, ask the driver if the car belongs to him.
Liability can be a difficult issue when the at-fault driver is not the owner of the vehicle. It is important to explore all your options for compensation after an accident. Contact a FREE car accident attorney at Maggiano, DiGirolamo & Lizzi today.
Both New Jersey and New York have no-fault auto insurance laws. The other driver’s right to sue depends on serious injuries and catastrophic accidents.
You must prove that the other driver’s negligence caused the accident that caused your injuries. Negligence can include a variety of careless behavior behind the wheel, including:
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If you suspect that negligent behavior caused the accident, you can file a lawsuit against the other driver.
Most car accidents are caused solely by careless drivers. As a result, the responsibility for injuries caused to victims often lies with the person behind the wheel.
In some cases, however, liability can be extended to the owner of the vehicle. You can file a lawsuit against the owner of the vehicle if the following factors were the cause of the accident:
Teenagers are more likely to be involved in car accidents. Parents should understand their child’s driving skills before handing them the keys to the family car. If they fail to comply with this duty and the teenager causes an accident in which someone is seriously injured, parents are liable for damages.
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This rule of law is called the “family car doctrine”. It places responsibility on parents to allow unsafe child drivers to drive knowingly. Liability for an accident will depend on who paid for the vehicle, who controls its use, who is named on the title, and the parent’s and child’s intentions regarding ownership.
The negligent delivery claim is raised on the same basis as cases based on the family car doctrine. Both types of cases involve the vehicle owner’s negligence in allowing an unauthorized third party to drive the vehicle.
If the vehicle owner entrusts his vehicle to the following persons, he may be held liable for road accident compensation:
Vehicle owners have a duty of care when allowing someone to drive their car. Failure to do so may leave the vehicle owner liable for damages if the person he is authorized to drive the vehicle causes an accident.
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Another duty of vehicle owners is to ensure that the vehicle is in safe operating condition. If the vehicle owner neglects to maintain the vehicle and mechanical failure causes an accident, the vehicle owner may be liable regardless of who was driving the vehicle when the accident occurred.
The theory of negligent maintenance may apply if the vehicle owner failed to perform necessary maintenance (eg, check tires, add fluid, correct mechanical problems, etc.) and failed to act after receiving notice of the vehicle’s malfunction.
Vicarious liability is a legal theory that holds a superior (such as a corporation) liable for the negligence or wrongful acts of subordinates (such as employees). Employers may be liable for accidents that occur due to employees using company vehicles.
Employer’s liability is a common factor in truck accident claims. However, employers can be liable for accidents involving any type of commercial vehicle, including vehicles used to deliver goods and transport people.
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First, you must show that your injury meets the severity threshold. A review of your medical records and expert testimony can help you determine whether you have standing to file a lawsuit.
Next, you must be able to prove that the car accident was caused by the other driver. Photographs of the accident, eyewitness accounts, and other evidence can help you prove that the driver’s negligence caused the accident.
Finally, if you establish that the driver was not the owner of the vehicle, you must prove that the owner knew or reasonably should have known that the driver was unfit to operate the vehicle. This can be challenging because it often depends on conversations in which you are not involved.
The best way to identify all parties responsible for a car accident is to speak with an attorney as soon as possible. A lawyer can investigate how the accident happened, who was at fault, and your options for receiving compensation.
How Much Can Someone Sue For A Car Accident?
Car accident victims often face many obstacles to recovering their injuries. Insurance companies will do anything to pay
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