The unthinkable has happened—you’re involved in a car accident. Now you’re facing mounting expenses. You may have medical and vehicle repair costs. Even if your expenses are limited to property damage, the bills can be daunting.
Thankfully, you should be able to file a compensation claim. However, not everyone is eligible for damages, so how do you know if this applies to you? Damage eligibility after a car accident can vary, so to help guide you, here’s what you need to know.
Time Limits Affect Eligibility
You may be surprised to learn that not everyone jumps right onto filing an insurance claim after an accident, and the reasons for the delay can vary. You may need some time to calculate all of your damages.
Determining the value of your personal injury case is rarely easy, especially if non-economic damages come into If you’re not familiar with non-economic damages, these are considerations that don’t have an intrinsic value. Pain, suffering, and mental anguish are a few examples of non-economic damages. After all, how do you place a price tag on your mental anguish?
Regardless of why you may be putting off filing an insurance claim, you don’t want to wait too long. Kentucky only gives you two years, from the date of the accident, to start the claims process. If you miss the two-year statute of limitations, you may not be eligible to file a claim for damages.
There are a few exceptions to the statute of limitations, but don’t count on them to apply in your accident case. For instance, minors can extend the filing deadline to their 18th birthday. If your injuries are severe enough to prevent you from participating in your case, the deadline may be extended.
A good tip to remember is to start the claims process as soon as possible unless you’re a minor at the time of the accident.
Dealing with No-Fault Insurance Regulations
If you’re carrying no-fault insurance, you may believe eligibility issues aren’t going to affect your car accident case. However, take a deep breath since this isn’t always true. Your no-fault insurance policy should cover at least up to $10,000 in property damage. This is also the minimum amount of insurance allowed under Kentucky state law.
So, what is no-fault insurance? This type of insurance covers your vehicle damage regardless of who’s to blame for the accident. Drivers often opt for no-fault insurance to simplify the claims process in the event of a car accident.
Basically, you file a claim for damages with your insurance carrier and let them worry about recouping their losses from the at-fault driver’s insurance company. You typically receive a settlement offer faster working with your insurance company.
You can also opt-in for personal injury protection insurance (PIP); this type of insurance is typically combined with your auto policy. The state minimum requirement is $10,000 per accident victim. Yes, $10,000 is rarely enough to put a dent in your medical expenses, especially if you’re dealing with catastrophic injuries.
So, what’s your next step in recovering damages? This is when eligibility becomes a key factor. You must meet at least one of the following criteria to file a claim against the other driver:
- The car accident led to at least $1,000 in medical treatment costs
- The driver suffered permanent disfigurement
- Fractured a major bone
- Suffered any other severely broken bones
- Dealing with a permanent injury
- Experienced the permanent loss of one or more body functions.
Since PIP insurance rarely covers all of the expenses relating to significant injuries, it’s best to consult with an accident attorney as soon as possible. Remember that the clock starts ticking on the statute of limitations the moment the accident occurs.
What if You Opt Out of No-Fault Insurance
You can opt out of no-fault insurance. However, this doesn’t mean you can legally operate a motor vehicle without auto insurance. Instead, you can go with standard coverage. For example, you may have a liability policy.
You can also carry full coverage. If you have a liability policy, you’re not eligible to file for compensation with your insurance provider. A liability policy only covers damages sustained by the other driver.
A full coverage policy will cover your damages, but it often takes longer to settle a claim compared to no-fault insurance.
How to Protect Your Eligibility to File an Accident Claim
Regardless of the type of auto insurance you’re carrying, the steps to help ensure your eligibility to file for damages remain the same.
Report the Accident
Kentucky requires drivers to immediately report all auto accidents involving injuries and/or property damage exceeding $500. Since it can cost over $500 to knock a dent out of a fender, it’s best to always report a vehicle accident—think of it as being safe instead of sorry. After all, the last thing you need is to get away from the scene of an accident or hit-and-run charge since this will directly affect your eligibility to file an accident claim.
If you’re willing to take the risk that damages are under $500, you have ten days to report the accident to the authorities. You should also expect to wait a week or so before your accident report is ready for pickup. You can request a copy online or stop by your local police department.
Get a Medical Checkup
If you sustain serious injuries, head to the hospital. If your injuries are minor, still make an appointment with a physician. You may have soft tissue or external injuries, and these can take a few days to start showing signs and symptoms.
You don’t want to realize after filing an accident claim that you need ongoing care. Amending a claim is difficult and if you’ve accepted a settlement you’re ineligible to refile for additional damages. In other words, you’re stuck paying the ongoing medical costs.
Protect Your Eligibility with Help From an Accident Attorney
The best way of protecting your eligibility to file a claim after an auto accident is by working with an experienced personal injury attorney, who brings a depth of knowledge in navigating complex legal systems and insurance policies.
Your attorney can provide invaluable guidance in gathering and presenting evidence that strengthens your claim, further safeguarding your right to fair compensation.
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