Auto Accidents FAQs

Auto accident court cases have a myriad of complicated components. We're here to ensure you are informed about your rights if you are involved in a car accident in Kentucky.

What is Kentucky's no-fault insurance law?

Kentucky's no-fault insurance law actually has nothing to do with fault. It is a law about how insurance benefits must be paid in the event of an automobile accident resulting in injury. [Note: No-fault does not apply to damage to your car, which is covered under the "collision "provision of your policy and/or the "property damage liability "provision of the at-fault vehicle's policy

Under this law, a person involved in an automobile accident must look to the insurance policy on the car in which they were occupying at the time of the accident to collect all amounts up to $10,000 in out-of-pocket losses. As a backup, anyone except the driver of an uninsured vehicle can fall back on his or her own insurance No-fault benefits are also known as Personal Injury Protection or PIP.

These out-of-pocket costs include medical bills, prescriptions, a limited benefit for lost wages, funeral bills up to $1000, and "survivor's loss of services". The wage loss benefit on most policies is capped at $200 per week. Added coverage (called "added PIP") is available on request. Added PIP can also be "stacked," creating more than the "basic coverage" of $10,000. Basic coverage up to $10,000 cannot be stacked.

It is called "No-Fault" because this coverage applies to every person involved in a wreck in the Commonwealth of Kentucky, regardless of fault. An at-fault driver is entitled to No-Faults the same as any other person injured in a car wreck.

If you have questions about Kentucky's no-fault insurance law, contact one of our auto accident attorneys today. You deserve representation from a lawyer who will be fully committed to your situation and work hard to achieve the best possible results. At our firm, we strive to meet your goals in every way possible.

How can I collect no-fault benefits?

If you are injured in an automobile accident you must first notify your own insurance company. If you were not in your own car, then the insurance company covering the car you were in must be notified. If you were a pedestrian, then you must contact the insurance company for the vehicle that struck you. If the insurance company for the vehicle that struck you is unknown or if the vehicle that struck you is not insured, then you must contact your own insurance company.

Once the insurance company responsible for your PIP has been contacted, they will require you to complete a No-fault/PIP application. This application must be filled out, signed, and returned to the company in order to qualify for No-fault/PIP benefits.

Additionally, you will have to complete and sign authorizations for the insurance company to obtain your medical and payroll records. The insurance company will have to be provided copies of itemized medical bills, pay stubs, W-2 forms, doctors' statements and statements from your employer. Once the insurance company has all the required information it is required to make payment within 30 days.

If you or a loved one has recently been involved in a Northern Kentucky car accident, contact Busald Funk Zevely for dedicated representation that will fight to achieve the best possible results.

Do I need an attorney to collect these benefits?

Many times you can collect these benefits from your own insurance company without an attorney. Although the application form seems simple, there are some questions that can create problems if answered incorrectly.

However, you also may need to proceed against an at-fault driver and their insurance company. If that is the case, then it is strongly recommended that you hire an attorney. In all cases, consultation with an attorney is recommended.

If you or a loved one has recently been involved in a car accident in Northern Kentucky, contact one of our personal injury attorneys to answer your questions.

Will I be required to take a medical examination?

The insurance company cannot automatically require you to be examined; however, it can file a petition in court, for good cause, to require such an examination. This is not a common occurrence.

If an insurance company is requiring a medical examination, it could help or hurt your case. If you or a loved one has recently been involved in an auto accident in Boone County, contact one of our knowledgeable and experienced personal injury attorneys today. We are here to help ensure you are fairly compensated for damages.

Will I be required to make a statement?

n most cases, you will not be required to make a statement, but some insurance companies may request it.

If you are required to make a statement, it is best to consult with an attorney before you call the insurance company. Our team at Busald Funk Zevely is here to guide you through the process and ensure you are fairly compensated. Contact us today with any questions you may have.

What if I'm in a car that doesn't have insurance?

If you are not the driver, you can fall back on your own insurance policy or that of a family member in your household.

If you don't have Kentucky automobile insurance, there is an assigned claims plan which applies unless you simply disregarded your obligation to buy No-fault insurance, or let your policy lapse. An application would have to be submitted to Kentucky Assigned Claims.

You may wish to have an attorney help you with this procedure. Our personal injury attorneys at Busald Funk Zevely are here to help. Contact our auto accident lawyers today to learn how we can ensure you're protected.

What if I am hit by an uninsured driver?

If you have been involved in an automobile collision with an uninsured driver, we can help. We will use our resources to track down the at-fault driver and hold him accountable for your injuries, medical expenses and lost wages. If the driver is uninsured, you can present an uninsured motorist (UM) claim to your own insurance company to cover the damages caused by an uninsured driver.

Our personal injury attorneys at Busald Funk Zevely are here to help. Contact our auto accident lawyers today to learn how we can ensure you're protected in Florence, Kentucky.

What is Uninsured Motorist (UM) coverage?

Uninsured Motorist (UM) coverage is a very important type of coverage that protects your family. It is an optional coverage, although most policies have at least $25,000 available.

Uninsured Motorist (UM) claims can create very complex insurance coverage situations. UM coverage can extend to family members that live in the same household under the "resident relative" provision. It may also apply to occupants of your vehicle.

An experienced UM attorney may be able to locate different insurance policies that will cover your medical expenses, lost wages and general damages when the at-fault driver is uninsured.

If an insurance company pays damages under its Uninsured Motorist (UM) provisions, the company has a right of subrogation and can pursue the uninsured person to get reimbursed for the monies that it paid out on your behalf.

We know how stressful car wrecks can be and how overwhelming it can be dealing with insurance companies while you are trying to heal from a serious injury. Let our team of experienced uninsured motorist attorneys help you through the process. Contact us today to discuss your Kentucky court case.

What happens if the other person doesn't have enough insurance?

In Kentucky, drivers are only required to carry $25,000 in liability insurance. In many serious injury cases, $25,000 is not enough to cover the medical expenses or the income you have lost from work. At Busald Funk Zevely, we will locate all available insurance policies, including any underinsured motorist (UIM) policies that might cover your damages.

Underinsured Motorist (UIM) coverage is a very important type of insurance coverage that protects you and your family when you are injured in a car wreck. It is an optional coverage that applies as a secondary or "excess" type of coverage only if the at-fault party does not have enough insurance to cover the damages caused by the car wreck.

At Busald Funk Zevely, our experienced attorneys are skilled in identifying and locating additional layers of insurance coverage that apply to the damages you sustained in a car wreck. We will thoroughly investigate your claim in order to get you the financial compensation you deserve. If you have been injured in a car wreck in Boone County or another city in Kentucky, contact our team of experienced injury attorneys today.

I was in a car wreck and now I need neck surgery. What do I do?

Busald Funk Zevely's team of experienced injury attorneys have represented many people who have required neck surgeries as the direct result of a car wreck.

Any spinal surgery is a major life event and can have serious consequences. Neck injuries are particularly serious and neck surgeries can be complicated operations with permanent consequences. An anterior cervical discectomy & fusion (ACDF) is a common neck surgery as a result of a car wreck. Did you know this surgery alone can cost over $50,000?

This does not include any of the treatment prior to the wreck that you receive in an effort to avoid the surgery. This does not include any of the treatment that you will require after the surgery as a result of the wreck. The surgery alone can cost over $50,000.

If you have sustained a serious neck injury that requires surgical intervention, you have undoubtedly sustained a permanent injury that will affect you for the rest of your life. Our team of attorneys has the knowledge to handle the insurance issues and obtain the necessary medical documentation from your surgeons to maximize the value of your claim and get you the financial compensation you deserve. If you have sustained a serious neck injury as a result of a car crash in Kentucky or Ohio, contact our team of experienced attorneys today.

What about motorcycles?

Automobile policies automatically include no-fault insurance, but motorcycle policies do not. No-fault can be requested on a motorcycle policy, which is quite expensive.

When a motorcycle is not covered for no-fault benefits, you may not be able to collect the first $10,000 of your out-of-pocket losses. However, you can still proceed against an at-fault driver if your case meets the criteria below, for pain and suffering damages as well as the amount of medical bills and wage loss over $10,000.

You definitely should consult an attorney to determine how to proceed in these cases. At Busald Funk Zevely, we are dedicated to receiving the best possible results for our clients. Contact us to learn more about how we can help.

What about deductibles?

Many no-fault policies now contain a $500 or $1000 deductible. You cannot sue for this money. This means the first $500 or $1000 of medical bills or lost wages will come out of your own pocket.

This is recommended only for those who can afford this amount of loss. You would be able to collect the entire $10,000 if your out-of-pocket losses were $10,000 or more.

If you or a loved one has recently been involved in a Northern Kentucky auto accident, contact one of our experienced personal injury attorneys today. At Busald Funk Zevely, we understand the balance of aggressive litigation and successful negotiation. We work hard to ensure the best possible results. Contact us today to discover how we can help.

How does this affect my right against an at-fault driver?

In Kentucky, you can only proceed against at-fault drivers in certain cases. The requirement is that you have either $1000 in medical bills, a broken bone or a permanent injury. If the case is serious enough to meet one of these three criteria, then you have a right to bring a claim against the at-fault driver.

You can seek recovery for pain and suffering damages and other types damages if those damages can be proven. You will need a lawyer if you plan to take this step.

Even if you bring a lawsuit against the at-fault driver, you still have to collect the medical bills and lost wages up to the no-fault amount from your own insurance company. Bills and wages you could have collected through no-fault insurance cannot be collected through the lawsuit from the other party, even if you have not collected them. In other words, the at-fault party is always immune for the first $10,000 of your out-of-pocket losses regardless of fault.

It's important to be knowledgeable about the various complexities involved in an auto accident lawsuit. At Busald Funk Zevely, we work with our clients and keep them informed every step of the way. If you or a loved one has recently been involved in a Union County car accident, contact one of our personal injury attorneys to learn how we can help.

What if I was driving without a license when another car hit me?

In Kentucky, whether or not you had a valid driver's license is immaterial to the facts of the collision unless your license has been suspended due to your mental or physical ability to operate a vehicle. The Kentucky Supreme Court's Opinion in Rentschler v. Lewis held that it was immaterial that an otherwise innocent driver did not have a valid driver's license.

If you were driving without a valid license but did not contribute to the cause of the collision, you are still entitled to compensation for the damages sustained in the wreck. Our experienced car accident attorneys have the experience to get you the compensation you deserve. Contact us today to ask questions about your Kentucky car accident.

Do I have to pay back my insurance company?

Kentucky no-fault insurance provides for your insurance company to be paid back from the at-fault driver's insurance. Usually, this is something you don't have to worry about and is handled between the two insurance companies.

However, in dealing with any of these issues, it pays to have the advice of counsel. If you have been injured in an auto accident in Walton, Kentucky, contact one of our personal injury attorneys to secure strategic counsel.

How does this affect my right against an at-fault driver?

In Kentucky, you can only proceed against at-fault drivers in certain cases. The requirement is that you have either $1000 in medical bills, a broken bone or a permanent injury. If the case is serious enough to meet one of these three criteria, then you have a right to bring a claim against the at-fault driver.

You can seek recovery for pain and suffering damages and other types damages if those damages can be proven. You will need a lawyer if you plan to take this step.

Even if you bring a lawsuit against the at-fault driver, you still have to collect the medical bills and lost wages up to the no-fault amount from your own insurance company. Bills and wages you could have collected through no-fault insurance cannot be collected through the lawsuit from the other party, even if you have not collected them. In other words, the at-fault party is always immune for the first $10,000 of your out-of-pocket losses regardless of fault.

It's important to be knowledgeable about the various complexities involved in an auto accident lawsuit. At Busald Funk Zevely, we work with our clients and keep them informed every step of the way. If you or a loved one has recently been involved in a Union County car accident, contact one of our personal injury attorneys to learn how we can help.

What is diminution in value?

If your car has been in a wreck in the last two (2) years, you most likely have a diminished value (DIV) claim.

DIV is the loss in value your vehicle experiences after it has been in a car wreck, even if it has been repaired & fully restored. The at-fault driver should be held responsible for the diminished value of your vehicle but frequently insurance companies ignore this claim.

Kentucky & Ohio law both allow a car owner to recover for the diminution in value (DIV) following a wreck. When your car is damaged in a wreck, the damages will appear on a Car Fax and your car's value will decrease as a result of the wreck. If you try to sell the vehicle, it will be used against you in negotiations.

Insurance companies frequently ignore or resist these types of claims. Contact Busald Funk Zevely for a free consultation if you or your vehicle have been involved in a car wreck.

How much is my case worth?

The value of your case is based on the nature and extent of your injuries - the more seriously injured you are, the more compensation you're likely entitled to.

The biggest value drivers in personal injury claims are the amount of medical expenses and your lost wages. You can also be entitled to compensation if the injuries you sustained resulted in the increased likelihood of future complications, disfigurement, scarring, or permanent injuries.

The amount of compensation you receive frequently depends on the skill and experience of your lawyer. Our team at Busald Funk Zevely is here to guide you through the process and ensure you are fairly compensated. Contact our team of experienced personal injury attorneys today for a free consultation about your Boone County court case.

Don't let social media wreck your injury claim

Our general rule is DO NOT POST ANYTHING on social media accounts. Even harmless posts with photographs or other details can be misconstrued and used against you. Insurance companies and defense attorneys regularly troll an injured person's social media accounts. Why take the chance? Better safe than sorry!

Busald Funk Zevely recommends that you do not post anything to social media. At a minimum, you should review your privacy settings and make each account private. We do not want you to be at a disadvantage before your trial starts. If you have any questions about your recent car accident in Florence, Kentucky, or another Ohio or Kentucky location, contact our experienced team today.

My spouse was significantly injured in a car wreck. Do I have a claim?

The non-injured spouse has a claim for loss of spousal consortium. A loss of spousal consortium claim seeks to compensate the non-injured spouse for the loss of love, affection, society, and companionship in the marriage.

In Kentucky, the spousal loss of consortium claim has a short statute of limitations. It is only one (1) year.

At Busald Funk Zevely, we do not want you to have to fight this fight alone. We want to be the people in your corner, fighting for you. If your spouse has been severely injured in a car wreck, contact our experienced team of Boone County car accident attorneys today.