Schuler Law Office
Car Accident Claims in Kentucky vs. Indiana
Auto accidents are quite common in both Kentucky and Indiana. In 2018, there were 34,774 reported injuries from car accidents and 730 traffic deaths in Kentucky. During the same year, there were 47,428 reported non-fatal injuries and 873 traffic deaths in Indiana.
When you are involved or hurt in a car accident in Kentucky or Indiana, you may be entitled to compensation. Our attorneys at the Schuler Law Office will fight to protect your rights and help you hold the responsible party liable. We proudly serve clients throughout Kentucky and Southern Indiana.
Kentucky vs. Indiana Injury Claims Process
When it comes to personal injury claims and car accident settlements, Kentucky follows the "no-fault" system. This means that regardless of who caused the accident, you will have to file injury claims with your insurance company under your personal injury protection (PIP) coverage. After submitting your claims to the insurance company, an insurance adjuster will investigate your claim, calculate the total value of your damages, and issue you a check.
Conversely, Indiana is an "at-fault" state. That means the driver whose negligent act caused the accident will pay for injuries and damages sustained by the victim from the collision, using their insurance. The police, insurance company, and the court will use the available evidence to determine who was at fault for the auto accident.
Fault Laws/Compensation in Kentucky vs. Indiana
Under Kentucky's no-fault system, you may be unable to sue the other driver unless the accident results in:
- At least $1,000 in medical expenses
- A broken bone
- Permanent disfigurement
- Permanent or long-term injury
The minimum coverage you may receive for your injuries or damages in an auto accident in Kentucky's include:
- $25,000 for bodily injury per person
- $50,000 for total bodily injury per accident
- $10,000 for property damage
However, in Indiana, the injured party has three options:
- File an injury claim with your own insurance company
- File an injury claim with the insurance company of the other party
- File a personal injury lawsuit against the responsible party
The state of Indiana requires every vehicle operator to carry liability insurance which provides a minimum coverage of:
- $50,000 for bodily injury for multiple people per accident
- $25,000 for bodily injury per person
- $10,000 for property damage per accident
- $50,000 in uninsured or underinsured motorist coverage
What's more, Indiana applies the "modified comparative negligence" rule. With this, you may be able to recover compensation for your injuries and damages only if you are less than 51 percent at fault for the auto accident. A claims adjuster will carry out a thorough investigation, gather detailed information, and determine fault in the car accident.
What if I Got In A Wreck In A State I Don't Live In?
Being involved in a car accident outside of your residential state can be terrifying. If the auto accident occurred in a state that does not use a no-fault system, for instance, you were driving through Southern Indiana, the negligent driver will be held liable for your injuries and damages instead of your PIP coverage. Fortunately, Schuler Law Office can handle inter-state cases like this. Our attorneys will fight to ensure that the right people are held accountable.
How Legal Counsel Can Help
The period after being injured in an auto accident can be overwhelming physically, emotionally, and financially. Nonetheless, you don't have to face it alone. Retaining a knowledgeable personal injury attorney is crucial to protect your rights and help you recover damages.
The Schuler Law Office is based in Louisville but serves clients throughout all of Kentucky and Southern Indiana. Our team of experienced attorneys has dedicated their career to protecting the rights of personal injury victims. We will review your case, conduct a thorough investigation, gather all necessary evidence, establish fault and liability, and determine case-value.
Experienced Car Accidents Attorney in Louisville, Kentucky
If you or your loved one were hurt in an auto accident involving negligence, contact the Schuler Law Office to schedule a free case evaluation. We will fight to protect your rights and help you pursue fair financial compensation for your injuries and damages.
The Schuler Law Office is proud to serve clients throughout the Louisville Metro Area, Clarksville, New Albany, Charleston, Floyd County, Clark County, Washington County, Kentucky, and Southern Indiana. Call us today to speak with an experienced Kentucky auto accident attorney.