Lexington Car Accident Causes Serious Injuries
On February 7, 2023, a serious single-car accident occurred on Royster Road in Lexington, Fayette County, Kentucky. The area where the accident occurred is a narrow country road with large trees near the edge of the roadway. Although details of the accident have not been released at this time, it is likely the car left the roadway and struck one of the large trees near the roadway.
If Another Party Is Not at Fault in Causing Your Accident, You Cannot Make a Claim for Pain and Suffering
In order for someone to be able to make a claim for pain and suffering due to personal injuries you suffered in a car, truck or motorcycle accident, there must be another party who was at fault in causing your accident. In a single car accident, like the one described above, the injured party cannot make a claim for pain and suffering.
Kentucky is a no-fault state, but that does not mean no one is at fault in the accident. It means that you have $10,000.00 worth of insurance for medical bills and lost wages if you are in an auto accident and even if you are at fault. I have had many clients tell me that the police even told them that no one was at fault because Kentucky is a no-fault state. That simply is not the case.
The driver in the Lexington auto accident described above will not be able to make a claim for pain and suffering, but he or she is entitled to $10,000.00 of no-fault benefits. If the injuries caused the person in this accident to be unable to work for a significant period of time, I would recommend that the insurance company be notified to reserve the no-fault benefits for lost wages only. The health insurance company can pay the medical expenses and the no-fault benefits can pay for lost wages. This is the best way to maximize the insurance benefits.
In Order to Make a Claim for Pain and Suffering in Kentucky, There Must Be Insurance to Pay for Your Claim
In the past 36 years of being an auto accident attorney I have spoken with thousands of people involved in accidents and some people I speak with about a car accident are surprised to learn that they cannot make a claim if there is no insurance to pay their claim. It is like they believe there is a government fund that will take care of their claim. Unfortunately, every auto accident claim is limited by the available insurance. If the driver who caused your accident does not have insurance, you will make no recovery against them. You can purchase uninsured motorist insurance and make a claim against your own insurance. If the at fault party has insurance, but not enough to satisfy your claim, then you can make an undersinsured motorist claim against your own insurance company if you have the coverage.
I have two motorcycle accident claims where the motorcyclists both sustained some serious injuries. One of the motorcyclists was injured by an automobile driver who had $25,000.00 in liability insurance and the other was injured by a vehicle that had a $1,000,000.00 of insurance. Both personal injury claims are worth at least $500,000.00, but one of them will only receive $25,000.00. It is unfair, but it is the reality behind every accident claim.
CONTACT LEXINGTON AUTO ACCIDENT LAWYER
If you are involved in a Lexington, car, truck or motorcycle accident, will require the services of an experienced Lexington auto accident attorney to investigate the cause of the accident and maximize all benefits available to the victims and their families. Matthew Troutman, a Lexington auto accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident.
If you need legal assistance due to a motor vehicle accident, contact Lexington auto accident attorney Matthew Troutman directly at 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Lexington car accident attorney Matthew Troutman and the Troutman Law Office, click here.