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.