Admitting Fault to Insurance in Louisville, KY | Desmond Law Office, PLLC Admitting Fault to Insurance in Louisville, KY | Desmond Law Office, PLLC
Jim Desmond Law Office,PLLC

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Jim Desmond Law Office,PLLC

Yes. You want to be 100% honest with your insurance company. Their job is to defend you against any other claim that might exist. I will tell you this. The only thing that I will warn you about is you don’t want to minimize your injuries when you are talking to an insurance company and secondly, your job is to tell them the facts. Let them determine who is at fault for the wreck. Let the lawyers and adjusters determine who is at fault. You just have to inform them of the facts.

Should I Inform The Other Driver’s Insurance Company Of The Accident?

Yes. The other driver’s insurance company is known as what you would call a liability carrier. I’m assuming that the other driver is at fault for the accident. So what’s going to happen is your claim for pain or suffering, your claim for damage to your car is going to go against his insurance company. They’ve got a reasonable amount of time to investigate the claim and get the ball going. The sooner they know about the claim, the sooner you can get your property damage claim going forward but again, I will tell you when you do talk to them, don’t minimize your injuries and I’m hesitant to tell you to give them a recorded statement because anything you say in that statement can obviously come against you down the road.

Should I Tell My Own Insurance Company About The Auto Accident?

Yes. Assuming you are trying to make any kind of claim from the wreck at all whether its property damage, medical bills or pain and suffering, yes. Your insurance company has a reasonable amount of time to investigate the claim and the sooner they can get started on this thing, the sooner they can get a better idea as to how that accident actually happened and what that exposure is going to be whether it’s a claim from you or a claim from another driver.

Attorney James Desmond

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Can I File An Injury Claim Against A Driver For An Accident If I Am A Passenger?

Yes. Kentucky has no kind of immunity for the driver so that driver could be a spouse or a family member and you’d still have a claim against them. The question is if that driver is at fault. If they are not at fault then his insurance company would be simply a no-fault carrier where they cover your medical bills up to $10,000. If they are at fault then his company would be a no-fault carrier and a liability carrier where basically they have to defend the second claim, the claim for pain and suffering because of his negligence.

Against Which Driver Do I File An Injury Claim?

You can file an injury claim against whichever driver is at fault for the wreck. The legal term is negligence which means duty, breach of duty, causation, damages. Kentucky is what we call a pure comparative fault state which means that we can have more than one person at fault for the wreck. It also means that you can be 95% at fault for a wreck and still recover 5% of your damages. So the easiest answer to say on that is let a lawyer look at it and determine if there are multiple parties at fault and that way you can recover in your personal injury claim from more than one driver if possible.

What Happens If My Friend, The Driver Does Not Have Any Insurance And Neither Do I And We Get Into A Car Wreck?

When someone is not insured, it doesn’t mean you don’t have a personal injury claim. The first step for us is to look for what we call uninsured motorist coverage. That is going to act and that is going to take the place of liability coverage for the person or the driver that is uninsured. If your friend is uninsured but not at fault, then we are going to look for a way to get you this no-fault coverage which covers your medical bills up to $10,000 regardless. So either way, we do have the ability to make a personal injury claim on your behalf. It gets a little bit of a complicated scenario so I would suggest that you contact an attorney to determine if the person is truly uninsured and what your rights are.

For more information on Admitting Fault To Insurance In Kentucky, an initial consultation with an experienced Louisville at-fault accident lawyer is your next best step. Get the information and legal answers you are seeking by calling (502) 609-7657 today.