121 Prosperous Place, Suite 8A, Lexington, Kentucky 40509
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Lexington Car Accident Attorneys Fight for Your Rights

Trustworthy accident lawyers pursue full, fair compensation for your losses

Because of a lack of freeway access in the center of the city, Lexington suffers from intense traffic congestion, resulting in a high rate of injury accidents. Lexington ranks second only to Louisville for the highest number of auto accidents in the commonwealth. According to the Kentucky State Troopers, New Circle Road (KY-4) and Man o’ War Boulevard, which loop around Lexington, as well as I-64 and I-75, cutting across the north and east, are listed among the commonwealth’s six most dangerous roads. But, if you are injured in an auto accident anywhere in the Lexington metropolitan area, you can rely on the Banks Law Office, PLLC to provide highly professional legal service focused on optimal results.

Getting your day in court despite Kentucky’s no-fault insurance law

Kentucky is a “choice no-fault” state for auto insurance. This means that you can decide at the time you purchase your insurance policy whether to participate in the no-fault system, which may save you money on your premiums, or to buy more expensive insurance that allows you to retain your full rights to sue.  However, the decision should not be taken lightly.

If you opt-in to no-fault, your first recourse after a car crash is to file a claim with your own insurance company, no matter who was to blame for the accident. You might think that filing with your own insurer, to whom you have been paying premiums faithfully, would simplify your claim, but that is often not the case. Too often, instead of dealing with a good neighbor, injured parties find themselves in an adversarial relationship with a company that is only looking out for its own bottom line. Disappointed claimants often have to retain an attorney to get a fair settlement from their own insurer.

If you have fault-based insurance, you can file a claim with the other driver’s insurance company for your damages. Drivers in Kentucky are required by law to purchase liability insurance in the following amounts:

  • $25,000 bodily injury per person per accident
  • $50,000 bodily injury for all persons per accident
  • $10,000 property damage liability

However, the driver who hit you may not have insurance, and/or your losses may exceed these statutory limits. In those cases, in order to recover for the full measure of your losses, you must file a claim with your own insurance company under the uninsured/underinsured driver provisions of your policy. But, such coverage is optional, so if you haven’t purchased it separately, you cannot file a claim. You will likely have to file a civil lawsuit as well, so you can get a court judgment against the defendant for other amounts owed.

In addition to these two scenarios, it is possible for a driver who participates in the no-fault system to sue an at-fault driver as well. If you have what the law regards as a “serious injury,” you can sue for damages. Under Kentucky law, a serious injury is one where the victim sustains $1,000 in medical expenses, a broken bone, permanent disfigurement, or permanent injury, or the victim is killed.

It is also important to remember that all accident claims are subject to Kentucky’s comparative fault law and the statute of limitations, as explained on our personal injury page.

Given all the complexities of Kentucky insurance law, it’s important to have an experienced attorney fighting for your maximum recovery.

Contact a trustworthy accident lawyer in Lexington for your auto accident case

The Banks Law Office, PLLC provides skilled and trustworthy legal counsel in auto accident cases. Our office is conveniently located in Lexington near the intersection of Richmond Road and Man o’ War Boulevard. Call us today at 859-300-3160 or contact our office online to schedule a free consultation.

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