Kentucky Car Accident Lawyer
Louisville, Kentucky Car Accident Lawyers
Helping Kentucky Car Accident Victims and Their Families Recover Fair and Just Compensation
The experienced Kentucky car accident lawyers of Stein Whatley Astorino, PLLC have over 84 years of combined legal experience. This includes more than three decades of experience representing car accident victims and their families in car accident litigation and trials. Before founding Stein Whatley Astorino, PLLC, Matt Stein had a solo career representing people with serious personal injury cases. He has obtained the distinction of being a member of the Million Dollar Advocates Forum for recovering compensation of a million dollars or more in a single case for his clients.
Matt Stein is also a board-certified trial attorney in Kentucky through the National Board of Trial Advocacy since 2004. He teamed up with John Whatley and Rob Astorino who each have their own track record of winning for their clients to provide exceptional legal representation to car accident victims and their families. They use their extensive knowledge of Kentucky car accident laws and combined insights gained from their litigation experience to fight for their clients—and their results speak for themselves.
Car accident cases are complex. Each car accident and the resulting personal injury are as unique as the clients who suffered the traumatic experience. Our experienced Kentucky car accident lawyers can start you on the right track. Therefore, you are in a position to receive the fair and just compensation you deserve. Stein Whatley Astorino, PLLC will identify all the necessary parties of your personal injury claim, including the liable party (or parties). They will negotiate the best possible settlement. Matt Stein, John Whatley, Rob Astorino, or one of their experienced Kentucky personal injury lawyers will handle your case for you. They will fight for you by efficiently pushing your case to reach maximum compensation on your behalf.
Table of Contents
How Much Am I Entitled to For My Car Accident?
Contact Us To Find Out. We Offer Free Consultations.
You are entitled to and deserve compensation if you were injured in a car accident as a result of someone else’s negligent actions. It is important that you make smart decisions, especially if you have a spouse or child depending on you. You need a guide to help you safely maneuver around costly pitfalls and identify and manage the necessary steps to protect your legal right to recovery. An experienced Kentucky car accident lawyer will guide you through the process and can help you obtain a settlement for full and fair value.
Retaining an experienced Kentucky car accident lawyer early after a car accident can have a major impact on the outcome of your case and your compensation. It is important to manage the payment of your medical bills through the various insurance benefits available to you on the front end to ensure maximum recovery on the back end. An experienced Kentucky car accident lawyer will deal directly with all of the relevant parties involved in your case. The best car accident lawyer will negotiate with insurance companies and ultimately take your case to trial if necessary to ensure you get full and fair compensation for your injury.
No matter who you think may be to blame for the car accident and regardless of the circumstances, we advise you not to try to handle the claims process on your own. The risks are just too high. Insurance companies are knowledgeable companies and are in the business of minimizing the value of your personal injury claims. The insurance companies will take advantage of you if they have the opportunity, and you will lower your chance of recovering the financial compensation you deserve.
Stein Whatley Astorino Handles Car Accident Cases Across the State of Kentucky
Although Stein Whatley Astorino, PLLC has an office in Louisville, KY, and has represented many people with car accident cases in Louisville, they have also fought for car accident victims throughout the Commonwealth of Kentucky.
Our car-experienced Kentucky car accident lawyers have great success with car accident cases from Covington and Independence in Northern Kentucky to Hopkinsville in Southern Kentucky. Whether you live in Paducah or Bowling Green in Western Kentucky or Pikeville in Eastern Kentucky or anywhere in between in Central Kentucky you can rest assured that the experienced Kentucky car accident attorneys of Stein Whatley Astorino, PLLC will aggressively represent you to get the full and fair compensation you deserve. See a detailed list of all of our service areas.
Don’t worry if distance, convenience, or mobility are problems. We have state-of-the-art software to send you all the necessary documents for electronic signature. This will allow us to get your claims moving quickly and efficiently. Often, we can begin your claims the same day you contact us. Don’t be stuck with a lawyer that you don’t trust just because you live in a small town or a remote area. We strive to make the process as easy as possible for you. We’ll also be able to communicate with you in any way you prefer. Email – No Problem! Text Messages – No Problem! Stein Whatley Astorino, PLLC can take care of you!
We Manage All Types of Car Accident Cases in Kentucky
Sometimes a car accident injury does not reveal itself until much later. Even if you are lucky enough to avoid a catastrophic injury, you may still need medical treatment. You should seek medical care immediately even if you don’t think you are hurt badly. Don’t delay treatment due to concerns about cost. Kentucky car insurance provides you with benefits to help pay for medical bills after a car accident. Our experienced Kentucky car accident lawyers can help you through that process. Severe injuries may not be immediately apparent in some situations. Seeking immediate medical attention is the best way to physically protect your health. It’s also a very important step to legally protecting your ability to recover your losses.
Costs and expenses will begin to add up quickly following a car accident. Within weeks you’ll begin to receive medical bills in the mail, repair bills, and rental car costs. Moreover, a loss of income suffered from a car accident can become an additional stress on you and your family. Car accident victims find themselves in unfamiliar circumstances where they are facing financial strain that seems overwhelming and out of their control. The stress sometimes turns to anger because their situation is the result of someone else’s reckless behavior.
Car Accident Expenses and Serious Auto Injuries
Non-financial costs of suffering serious injuries in a collision begin to pile on at a difficult time for car accident victims. Some of the non-financial costs car accident victims suffer from include but are not limited to:
- pain and suffering (sometimes permanent)
- post-traumatic stress disorder
- permanent scarring or disfigurement
- loss of body function
- memory loss
- personality changes
- and a general loss of enjoyment of life.
Injury victims of car accidents can find their injuries and accumulated disruption of their lives all-consuming. The overwhelming nature of the process can deepen the obstacles of navigating the personal injury recovery process.
Our experienced Kentucky car accident lawyers will take the burden off of you by handling: the claims process, managing payment of medical bills through the various available insurance benefits, and answering the questions that are worrying you so that you can focus your energies on recovery. Our experienced Kentucky car accident lawyers are then in a position to fight for the financial compensation you deserve. Matt Stein, John Whatley, Rob Astorino, or one of their experienced Kentucky car accident lawyers will provide personalized legal representation with a focus on your unique injuries and damages placing you in the best position to get fair and just compensation for your losses. Our experienced car accident lawyers have experience in all sorts of serious auto injuries resulting from:
- Fatal Car Accidents
- DUI Car Accident
- Drug-Related Car Accidents
- Car Accidents involving an uninsured driver
- Hit-and-Run Car Accidents
- No-Fault Insurance Claims
- Car Accidents Involving Rear-End Collisions
- Car Accidents Involving Head-On Collisions
- Car Accidents Involving T-Bone Collisions
- Car Accidents involving Uninsured Insurance Claims
- Car accidents involving Underinsured Motorist Insurance Claims
- Distracted Driver Car Accidents
- Road Rage Car Accidents
- Truck Accidents
- Commercial Vehicle Accidents
- Motorcycle Accidents
- Car Accidents Involving Ridesharing such as Lyft Car Accidents and Uber Car Accidents
- Pedestrian Hit by a Car or Pedestrian Hit by a Truck
- Car Accidents Involving a Takata Air Bag Recall
- Car Accidents Involving Vehicle Rollover
Most car accident cases are settled without filing a lawsuit
Stein Whatley Astorino, PLLC works hard to position its clients to get the best settlement offers possible. Matt Stein, John Whatley, and Rob Astorino, or one of their experienced Kentucky car accident lawyers will work to quickly obtain a favorable settlement on your behalf.
No one from our experienced Kentucky car accident law firm will promise you that your claim will be settled. No reputable injury law firm can guarantee a claim settlement. Be wary of any accident law firm that does make such a guarantee. Insurance companies often build walls, refuse to value a car accident victim’s injury properly, or act in bad faith. In those situations, car accident victims have no choice but to take their cases to trial. The experienced Kentucky car accident lawyers of Stein Whatley Astorino, PLLC have extensive car accident settlement experience. Additionally, they have significant courtroom experience in Kentucky. Our experienced Kentucky trial attorneys will move litigation cases efficiently. This keeps the insurance companies on their heels and ensures that their clients get the full and fair compensation they deserve. Before you hire any attorney ask if they take cases to trial and ask about their track record. Stein Whatley Astorino, PLLC will try your case, if necessary, which allows us to get the best settlements for our clients.
What Can I Trust Stein Whatley Astorino, PLLC to Do When Handling My Car Accident Case?
Now, let’s look at what you can expect from Stein Whatley Astorino, PLLC. We are SERIOUS ATTORNEYS committed to SERIOUS RESULTS for our clients. You won’t see us making clownish commercials. The process is far too important to our clients to treat the process like it is silly or trivial. We are lawyers that other lawyers send their clients to for serious car accident cases. It should not be a level of service only available to elites but one that is accessible to everyone. Our serious approach allows us to speak clearly with our clients. It causes car insurance companies to take notice when they receive our letter of representation for a car accident victim. Our serious approach is what makes car insurance companies fairly and justly value our clients’ car injury claims.
With our serious approach in mind, here are a few things you can trust our experienced car accident law firm to do during your representation:
Responsiveness from Our Experienced Car Accident Lawyers and Staff.
When you contact us through email or website submission, you should receive a response from us quickly. We make every effort to respond to you on the same day. However, in some cases, it may be the next business day. When you call our office, you will speak with a person who is knowledgeable about the car accident claims process. They can get you to one of our experienced Kentucky car accident attorneys immediately. We can provide all the documents we need to get your claim up and running through email if that is convenient. We can also meet you in our office for a free one-to-one consultation. For those car accident victims who are still in the hospital or on bedrest at home, we will meet you at the hospital or your home for your convenience.
Quickly Setting up Your Car Accident Claim with the Car Insurance Company
Once you hire our Kentucky personal injury firm. We can often set up your case and file your car accident claim on the same day. If you retain us at the end of the workday, we will have your car accident claim up and running first thing in the morning of the next business day.
One-on-one legal Advice from an Experienced Kentucky Car Accident Lawyer
You will work with an experienced Kentucky car accident lawyer one-on-one through the entirety of your case. Matt Stein, John Whatley, Rob Astorino, or one of their experienced car wreck lawyers will outline the process and answer your questions. They will work diligently to investigate your car accident. Their efforts include but are not limited to identifying relevant insurance coverages, getting statements from eyewitnesses, making open records requests, requesting your medical records and medical bills, and managing payment of your bills through the insurance coverages available to you. Additionally, Stein Whatley Astorino, PLLC will negotiate with the insurance company to get the best possible settlement offer. All of this work is to help you make an informed decision about when and if to settle your car accident claim.
Access to Our Experienced Kentucky Car Accident Lawyers When You Need It
We know that you can’t always call or send an email during normal business hours because you are juggling family responsibilities with work responsibilities. We also know that you sometimes have questions while you are lying awake at night. You can get in touch with us 24/7. Besides receiving the email address of your paralegal and your car wreck lawyer, every car accident victim that we represent has a unique number assigned to their file that they can communicate through text messages 24/7. We’ll communicate with you the way you want to communicate. We have real people to answer your call. We will respond to your messages at our first available opportunity. We try to respond to clients on the same day they reach out to us. However, if the call or message comes in after hours, we strive to respond to you the next business morning.
Our Experienced Kentucky Car Accident Lawyers Custom-Tailor Your Legal Representation
Every client is unique. Every car accident is unique. Every car accident injury is as unique as the person suffering it. We provide all our clients with legal counsel that is tailored to their unique circumstances. From the way you choose to communicate with us to how we document the damages you suffered in the car accident, we customize our approach to your unique circumstances. Our approach will carefully assess the past, present, and future impacts of your car accident on you and your family. Our attention to the unique circumstances in your personal injury case allows you to get the full and fair compensation you deserve.
Straight Forward Contingency-Fee Representation
Our experienced Kentucky personal injury firm represents all of our car accident clients on a contingency-fee-basis. You owe us nothing unless we win your case. We are straightforward about our legal fees. If we receive a settlement offer on your behalf, you will know how much you will take home from the car injury settlement before you finalize your claim.
Treat Every Car Accident Case Like it Is Our Only Case
We know the impact a car accident can have on a person by way of annoyance, injury, disability, loss of income, and stress on relationships. We treat the process with the seriousness it deserves. We work each case like it is our only case. We strive to protect our clients’ rights. We understand both the short-term impacts and long-term impacts that car accidents have on victims.
We are dedicated to achieving the best possible compensation for our clients. Regardless of the value of your claim, our experienced Kentucky personal injury firm will give it the time and attention it deserves. Call Stein Whatley Astorino, PLLC to start your car accident case.
Car & Automobile Wrecks
Common Injuries That Occur in Car Accidents
In some car accidents, the victims walk away with little more than damage to their property. But that’s not always the case. The violent impact of two or more automobiles can cause some very serious injuries including:
- Broken bones or fractures
- Herniated Discs
- Bulging Discs
- Shoulder injuries such as torn rotator cuff
- Lacerations, abrasions, and scarring
- Trauma to internal organs
- Soft tissue injuries
- Whiplash Injuries
- Muscle Spains
- Muscle Strains
- Back injuries
- Neck injuries
- Spinal cord injuries
- Ligament Laxity
- Nerve Injuries
- Traumatic Brain Injury (TBI)
- Mild Traumatic Brain Injury (concussion)
What Claims Should I File After a Car Accident in Kentucky?
When individuals involved in a car accident contemplate initiating a claim, their initial focus tends to be on the insurance provider of the other driver. However, as outlined below, there exist various other insurance coverages that demand consideration. Car accident victims, or their family members, might have access to multiple avenues for financial compensation. It could be necessary to submit several claims to secure the complete compensation rightfully deserved. Call now to speak with Matt Stein, John Whatley, or Rob Astorino. Let our experienced Kentucky personal injury firm guide you through this process.
Depending on the specific facts and circumstances of your car accident case, our experienced Kentucky car accident lawyers will help you navigate the tangled situation and may advise pursuing one or more of the following:
Claim Under the Other Driver’s Auto Insurance Policy
Most of us understand that the at-fault driver should be financially on the hook for all the damage they cause. Our first action is to place the other driver’s car insurance company on notice of the claim. Our experienced Kentucky car accident lawyers will make efforts to discover all coverages of insurance available to cover your losses.
Even though Kentucky is often referred to as a “no-fault” state, we still find fault in car accident cases where medical expenses exceed one thousand dollars ($1,000). Also, where the injury or disease consists in whole or in part of permanent disfigurement, a fracture to a bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable degree of medical probability, permanent loss of bodily function or death. You can expect pushback from the at-fault driver’s insurance company once you notify them of a loss. They’ll look for every opportunity to deny your claim or downplay your bodily injury. It is a difficult road to recovery but is not impossible to get the compensation you deserve. Having an experienced Kentucky car accident lawyer fighting for your rights can help you get the full and fair financial recovery you deserve.
Potential Claims Made Under Your Auto Insurance Policy
In most car accidents involving two or more cars, you will simultaneously have claims against the at-fault driver’s auto insurance policy and the auto insurance policy of the car you were occupying at the time of the car crash. Some of the potential claims resulting from the car accident may be:
- Personal injury protection (PIP) insurance
- Uninsured motorist (UM) insurance
- Underinsured motorist (UIM) insurance
- Collision and comprehensive insurance
- Towing and Labor Insurance
- Gap Insurance
- Rental Car
- Reimbursement Insurance
- Short-term Disability Insurance
- Long-term Disability Insurance
Insurance Types Explained
Personal injury protection insurance (PIP Insurance) is legally required in the Commonwealth of Kentucky. PIP Insurance benefits are sometimes known as “no-fault benefits” or “basic reparation benefits” and are one of the reasons people refer to Kentucky as a “no-fault state.” PIP insurance provides coverage (or should provide coverage) for medical bills and lost wages incurred in a particular car accident, regardless of fault, up to the stated policy limit. All auto insurance policies sold in the Commonwealth of Kentucky must have at least $10,000 in PIP benefits. Additional PIP coverage is available upon request, but you must have it in force at the time of the car accident injury.
Underinsured motorist insurance coverage (UIM) is a car insurance coverage that car insurance companies have the option to offer, but auto owners can choose not to purchase the coverage. We strongly advise consumers to purchase this coverage.
Underinsured insurance coverage provides you and the occupants of your vehicle coverage if the at-fault driver’s vehicle does not have enough liability car insurance coverage to satisfy the cost of your injuries. This is a very important car insurance coverage that benefits primarily you and your family.
Uninsured motorist insurance coverage (UM) is a car insurance coverage that car insurance companies must offer but auto owners can revoke in writing. The Commonwealth of Kentucky makes it a little more difficult to avoid purchasing this coverage. The state has a policy goal to make sure all motorists are covered by some type of insurance. Our experienced personal injury firm agrees with this goal of protecting Kentucky car wreck victims and their families. We strongly advise not revoking this coverage. Doing so is at the expense of you and your family. Uninsured insurance coverage provides you and the occupants of your vehicle coverage if the at-fault driver’s vehicle has no car insurance coverage to satisfy the cost of your injuries.
It is very important to have an experienced Kentucky car accident lawyer representing your legal interests. They will sort out what coverages are available to you and your family. The car insurance company or companies involved often will not tell you what policies benefit you without you asking the correct questions or following proper procedural steps. The car insurance company’s interests are often opposite to your interests. Do not rely on them to do the right thing. The car insurance company will use any tactic to avoid, reduce, and slow payment of the car insurance benefits and financial compensation that you deserve.
Claim Under Your Family Members’ Auto Insurance Policy
If you or a member of your household have other auto insurance policies, you may also be able to use those insurance policies to help cover any damages you suffered in your car accident. Some of the potential car insurance coverages available to provide you compensation from the car accident may be:
Personal injury protection (PIP) insurance
In situations where you were seriously injured in a car accident as a passenger of an uninsured car, you may still have access to PIP insurance coverage. We’ll first verify if you or a member of your household owned an insured vehicle at the time of the car wreck. If so, then you may be a beneficiary under that PIP insurance policy and entitled to PIP benefits. In some cases, you may be entitled to “stack” additional PIP benefits to cover your medical bills. Contact Stein Whatley Astorino, PLLC immediately. Our experienced Kentucky car accident lawyers can evaluate what coverages are available to you.
Uninsured motorist (UM) insurance & Underinsured motorist (UIM) insurance
Underinsured insurance coverage (UIM) provides you and the occupants of your vehicle coverage if the at-fault driver’s vehicle does not have enough liability car insurance coverage to satisfy the cost of your injuries. Uninsured insurance coverage (UM) provides you and the occupants of your vehicle coverage if the at-fault driver’s vehicle has no car insurance coverage to satisfy the cost of your injuries. In some cases, the various underinsured motorist coverage (UIM) policies and uninsured motorist coverage (UM) policies may “Stack” to provide you or your family additional sources of financial compensation for the serious personal injuries suffered.
Again, having an experienced Kentucky car accident lawyer fighting for your legal interests and identifying which coverages can benefit you and your family is extremely important. Do not rely on the car insurance company or companies involved to do the right thing. They will not tell you what policies benefit you without you asking the correct questions or following certain procedural steps. The car insurance company’s interests are often opposed to your interests. They will use any tactic to avoid, reduce, and slow payment of the car insurance benefits and financial compensation that you deserve. Have Stein Whatley Astorino, PLLC and their experienced Kentucky car accident lawyers verify all the available policies of insurance available to you for compensation.
Claim through the Kentucky Assigned Claims Plan
Don’t panic if you have been seriously injured in a car accident and:
- The vehicle in which you were a passenger was uninsured,
- And you don’t own a vehicle,
- And no one in your household has car insurance.
Our experienced Kentucky car accident lawyers have your back. Even if you or a member of your household don’t own an insured vehicle, you may also be entitled to no-fault benefits through the Kentucky Assigned Claims Plan. Our car accident lawyers can identify if you are eligible for these PIP benefits. They will file the necessary paperwork to have your PIP claim set up.
Claims Against the Other Driver’s Employer or Claims Against a Rideshare Company
You may have a claim against the other driver’s employer if he or she was working at the time of the car accident. This is true even if the other driver was working for a rideshare company at the time of the car accident. Rideshare companies are businesses like Lyft and Uber.
In the Commonwealth of Kentucky, businesses are liable for their employees’ negligent acts committed within the course and scope of their employment. When an employee drives for work, their negligent or reckless behavior behind the wheel is the employer’s negligent or reckless behavior. This includes car accidents involving delivery drivers, construction workers, sales representatives, truck drivers, and other employees who drive on the job. Their negligence or recklessness can give rise to claims against their employers. It is important that an experienced Kentucky car accident lawyer investigate whether or not the other driver was working at the time of the car accident.
With the explosion of rideshare activities, there has been an explosion in Uber accidents and Lyft accidents. These are resulting in serious personal injury to their passengers and other motorists sharing the road. Many of the rideshare companies have made great efforts to avoid classifying their drivers as employees. They refer to their drivers as independent contractors. However, rideshare companies like Uber and Lyft still carry commercial car insurance policies that cover their drivers’ accidents.
Some car insurance companies are beginning to exclude car insurance coverage for Uber drivers and Lyft drivers from their personal car insurance policies for car accidents that occur while on their way to pick up a passenger or driving a passenger. The practical result unfortunately is that insurance coverage gaps can sometimes pop up. These can make it harder for car accident victims to recover the financial compensation they deserve. Contact our Kentucky car accident lawyers to identify which car insurance policies are available to compensate you for your car accident injuries and to guide you through the insurance claim process.
Claim for a Vehicle Defect or Maintenance Issue
Sometimes, a car accident wasn’t the result of driver negligence. In some cases, an issue with your car or another vehicle is to blame for causing the car accident. In these circumstances, you may have a valid claim against:
- The manufacturer of the defective vehicle.
- The manufacturer of a defective component part.
- The dealership that sold the defective vehicle or negligently serviced the vehicle.
- The repair shop or maintenance shop that negligently serviced the vehicle.
When a person is injured in a car wreck that was caused by a vehicle defect, the manufacturer of the vehicle can be held responsible in some cases for the damage caused. Vehicles or their components are considered “defective” if they are unsafe when the vehicle leaves the factory. Some types of vehicle defects like defective tires and defective brakes can lead to car accidents. However, other defects like defective airbags can be responsible for a car wreck victims’ personal injury, too. Contact Stein Whatley Astorino, PLLC to discuss these issues in greater detail. The initial consultation is free.
Five Common Defect Lawsuits
Personal injury related to airbag defects has been a significant concern. Defective airbags can fail to deploy during a car accident. They can even deploy unexpectedly, leading to serious personal injury or wrongful death.
Faulty Braking Systems:
Defects in braking systems, such as brake failures, malfunctioning anti-lock brake systems (ABS), or issues with brake pedals, can lead to serious car accidents and serious personal injuries. These can result in personal injury lawsuits against component manufacturers.
Defective tires can lead to blowouts, loss of control, and serious car accidents. Tread separation, manufacturing defects, or design flaws in tires are common reasons for lawsuits against tire manufacturers.
Fuel System Defects:
Defects in fuel systems, including problems with fuel lines, tanks, or fuel pumps, can pose serious safety hazards, such as fires or explosions. Manufacturers may face lawsuits if such defects lead to serious personal injuries or wrongful death.
Faulty Steering Components:
Steering system defects, such as issues with power steering, steering columns, or steering linkage, can result in loss of vehicle control and serious car accidents. Lawsuits may be filed against manufacturers when these defects cause serious personal injury and wrongful death.
It’s important to note that the specific issues leading to defect lawsuits can vary. Additionally, the resolution of these cases may depend on various factors, including the severity of the defect, the extent of harm caused, and the legal arguments presented by both plaintiffs and defendants. For the most current and accurate information, it is recommended to consult our experienced Kentucky car wreck attorneys.
Claim for a Road Defect or Maintenance Issue
Road defects can cause or contribute to serious car accidents and car accident injuries. The parties responsible for these road defects or road maintenance issues open themselves up to potential lawsuits by our experienced Kentucky car accident attorneys.
Common road defects causing serious personal injury include:
Potholes are a frequent cause of vehicle damage and sometimes car accidents. If a road has unrepaired potholes and they contribute to a serious car accident, the municipality, or the contractor responsible for maintaining or repairing the road may be held liable.
Poor or inadequate signage can lead to confusion for drivers and result in serious car accidents, serious injury, and wrongful death. Lack of proper warning signs for construction zones, intersections, or road hazards may make the responsible party liable for car accidents that occur due to insufficient guidance.
Poor Road Design:
If a road is poorly designed, it can create hazardous conditions. Issues such as inadequate visibility, improper lane markings, improper shoulder construction, or dangerous curves can contribute to car accidents, serious injury, and wrongful death. A lawsuit may be filed against the party responsible for designing and maintaining the road.
Lack of Maintenance:
Negligence in maintaining roads can lead to various defects, including crumbling pavement, faded road markings, and malfunctioning traffic signals. If inadequate maintenance contributes to an accident, the responsible party, often a third-party contractor, may be held liable.
Construction Zone Hazards:
Construction zones can pose significant risks to drivers and pedestrians if not properly managed. Insufficient warnings, poorly marked detours, and lack of proper traffic control measures can lead to car accidents, serious personal injury, and wrongful death. The contractors may be held responsible for serious injuries or damages.
It’s important to note that the specifics of road defect lawsuits can vary based on jurisdiction and the circumstances of each case. If you’re involved in a car accident caused by road defects, it’s advisable to consult with one of our experienced Kentucky car accident lawyers to understand the specific laws and regulations that apply in your car accident case.
If you suffered serious injuries in a car accident that were caused by a road defect or maintenance issue you may have to file suit against a government agency and/or the contractor responsible for the dangerous condition. Time is of the essence in these situations. Government agencies often have special protections against such claims and procedural requirements that have shorter time limits. It is vitally important that you speak with Stein Whatley Attorneys, PLLC, and their experienced car accident attorneys quickly to protect your right to financial recovery.
Claim Against a “Dram Shop” or Other Third Party
Depending on the facts and circumstances that led to your car accident in Kentucky, a variety of other “third-party” claims may be available to you to recover financial compensation for your serious injury or the wrongful death of a loved one. These are cases against businesses or government agencies that were not a party to the car accident but contributed to or caused the car accident.
For example, A dram shop lawsuit is a legal action that holds establishments, such as bars, restaurants, or liquor stores, responsible for serious car accident injuries or damages caused by individuals who were served alcohol at that establishment. The term “dram shop” historically refers to a unit of measurement for alcohol, but in this context, it is used to describe businesses that sell or serve alcoholic beverages.
In a dram shop lawsuit, the seriously injured party, or a third party affected by the actions of an intoxicated person, may sue the establishment that provided alcohol to the individual who caused the car accident, personal injury, or wrongful death. The key element in these cases is often whether the establishment knowingly served alcohol to someone who was visibly intoxicated or underage, and whether that contributed to the subsequent personal injury or damage. In some cases, several parties may have liability for the loss.
Be sure to seek legal advice from our experienced Kentucky car accident lawyers if you are considering pursuing a dram shop lawsuit.
Promptly Hire an Experienced Kentucky Car Accident Lawyer After a Car Accident
Hiring an experienced Kentucky car accident attorney promptly after a car accident can be important for several reasons:
Preservation of Evidence: Evidence in a car accident case can be time-sensitive. The sooner an experienced Kentucky car accident attorney is involved, the better they can gather and preserve crucial evidence such as witness statements, photographs of the accident scene, and any other relevant documentation.
Legal Deadlines: There are often strict deadlines for filing personal injury claims after a car accident. These deadlines, known as statutes of limitations, vary by jurisdiction and the type of claim. Failing to meet these deadlines could result in losing your right to pursue personal injury compensation.
Insurance Company Communication: Car insurance companies typically start their investigations soon after a car accident. Having an experienced Kentucky car accident lawyer early in the process can help ensure that your rights are protected and that you don’t inadvertently say or do something that could harm your case. Stein Whately Astorino, PLLC can handle communication with the car insurance companies on your behalf.
Medical Attention and Evaluation: Our experienced Kentucky car accident lawyers can help you navigate the process of obtaining necessary medical attention and evaluations. We may work with healthcare providers to ensure that your injuries are properly documented, which can be crucial when seeking compensation for medical expenses, pain and suffering, lost wages, disability, and loss of ability to earn wages in the future.
Management of Medical Bills: After being seriously injured in a car wreck you will begin receiving car accident-related medical bills within weeks. Our experienced Kentucky car accident lawyers will help manage payment of your medical bills through your health insurance company and your PIP benefits through your car insurance company. There are time limitations with submitting your accident-related medical bills, so it is important to get our experienced personal injury firm involved early in the claim process.
Negotiation and Settlement: If the other party is at fault, their car insurance company may approach you with a settlement offer. Having an experienced Kentucky car accident lawyer can help ensure that you receive full and fair compensation. Our experienced Kentucky car accident lawyers are skilled negotiators and can evaluate the true value of your case, considering not just immediate medical costs but also the potential long-term consequences of your personal injury.
Complex Legal Processes: Car accident cases can involve complex legal procedures, especially if the case goes to court. Our experienced car accident attorneys with knowledge of personal injury law can guide you through these processes, making sure you understand your rights and responsibilities.
Stress Reduction: Dealing with the aftermath of a car accident can be stressful. Having a trusted car accident lawyer to handle the legal aspects of your case can allow you to focus on your recovery and well-being.
While it’s advisable to consult with our experienced Kentucky car accident lawyers soon after a car accident, it’s never too late to seek legal advice. If you’ve been involved in a car accident, consider reaching out to our experienced Kentucky car accident lawyers to discuss your situation and determine the best course of action based on the specific circumstances of your car accident case.
Tactics Car Insurance Companies Use After Car Accidents
Don’t fall for the insurance companies’ commercials. They are not your friends or your advocates but are in the business of making money. Paying your claim is opposed to their primary goal of making money. While your goal is to recover fair and just compensation as quickly as possible, their objective is to avoid compensating you entirely or to pay you as little as possible when, and if, they eventually compensate you for your personal injury.
Car insurance companies deploy a variety of tactics and strategies during the car accident claims process. We’ve outlined a few of the tactics car insurance companies use to line their pockets at car accident victims’ expense:
Use Your Own Words Against You.
Telephone calls, emails, text messages, recorded statements, and insurance forms all become a part of the car insurance claim file. Car insurance companies keep a record of what you say about the car accident, your personal injuries, and your medical treatment. The information a car wreck victim provides is used to determine liability and evaluate your personal injury claim. A friendly email, text, or phone call from the insurance adjuster is an effort to gather information and what you say (or don’t say), can significantly impact how much your personal injury claim is worth.
Look for Other Causes of Your Personal Injury.
In almost any car accident injury, the adjuster is looking to document the cause of your personal injury. As well as, if possible, reasons to exclude or diminish your car accident injury as “unrelated” or a “pre-existing injury.” Even though you were severely injured in the car accident, if you can’t describe exactly how the personal injury occurred, or if you don’t describe the mechanism of injury in a way the adjuster understands, you could lose thousands on the value of your personal injury claim.
Cover You Up in Paperwork.
Car Insurance forms and letters are usually written by and for car accident lawyers. Sometimes they can be difficult to understand. Failure to properly complete the car accident insurance forms could delay coverage of your insurance claims. It can even bar your personal injury claim altogether.
Car insurance companies know that they can save money by pressuring car accident victims into a fast settlement for a minimal amount of money. Often, the lowball settlement offer comes before you have finished treatment. Worse, it can come before the full extent of your personal injuries are known. Accepting an early, lowball settlement offer could mean that you will not be fully and fairly compensated. It could even leave you facing unpaid medical bills or lost wages resulting from the car wreck.
Deny the Claim.
Sometimes, liability (or fault) for a car accident isn’t immediately clear. Perhaps the police report is inaccurate or missing, or there is disagreement about how the accident happened. In cases of disputed liability, the car insurance company may deny your claim for compensation – even if you were not at fault.
Tools and Resources.
Car insurance companies have a lot of tools and resources to investigate car wrecks and diminish the value of your claim for compensation. This can include hiring private investigators, conducting surveillance of your activities, and hiring medical experts to dispute your injury claims. They may also watch your social media accounts for anything that they can use against you.
Surveillance of Your Social Media Profiles.
Car insurance companies are increasingly using social media to deny car accident claims. If you post comments or photos suggesting (or even arguably suggesting) that your injuries aren’t serious or aren’t taking your recovery seriously, they will use this against you. Car insurance companies can delay paying legitimate claims by using old photographs that are reposted to suggest you aren’t injured or that you are exaggerating your personal injury claim.
Slow Walking Your Personal Injury Claim.
If a lowball, quick personal injury settlement offer doesn’t work, the car insurance company might let your claim go dormant. The adjuster will put the burden on you to provide medical treatment records and medical bills related to the car accident to support your claim. Sometimes you are not even aware of your duty to provide such information. Failure to do so might mean that your claim is closed, or worse, that it is barred by a statute of limitations.
Software, AI, and other Technology.
Most car insurance companies rely on sophisticated computer software to evaluate your personal injury claim and assign a car accident settlement value. The quality of the injury compensation evaluation depends on the information entered (or not entered) by the insurance adjuster. In most cases, the insurance adjuster has little or no authority to deviate from the compensation value assigned by the software.
Lack of Training and Staff Turnover.
Many car accident adjusters have very little training. This means they may not be able to fully understand or evaluate your claim for personal injury compensation. Additionally, there is a high turnover rate among car accident adjusters. This means there are multiple people, with little or no knowledge or experience, that might be responsible for handling your claim for personal injury compensation. It isn’t surprising that mistakes or omissions can result in decreased car accident settlement value or denial of financial compensation altogether.
Demanding Access to Your Medical Records.
Car insurance companies won’t tell you that you aren’t required to sign a medical release. They want you to sign a release so that they can go digging through your medical files and try to find any excuse to deny your claim, minimize your claim, or assert that you have a pre-existing injury. You don’t have to sign such documents for the car insurance company, and you shouldn’t fall for this underhanded tactic.
Confusion and Intimidation.
Car insurance companies handle thousands of claims all day, every day. You don’t. Car insurance companies know that the personal injury claim process is intimidating and confusing to most people. Particularly seriously injured people. That gives them a big advantage from the start.
The experienced Kentucky car accident lawyers at Stein Whatley Astorino, PLLC can communicate with the car insurance company for you so that your words aren’t twisted against you. They’ll document and communicate your personal injuries to the car insurance company adjuster or defense attorney, make sure that your paperwork is properly submitted, and make sure the car wreck adjuster is fully aware of the facts and circumstances that both prove their driver’s fault but also result in a fair and just compensation for you. Our experienced Kentucky car accident lawyers will also efficiently move your claim forward, They will navigate any of the roadblocks the car insurance company might deploy to reduce or deny your compensation claim.
Frequently Asked Kentucky Car Accident Questions (FAQs)
What Damages Can Be Recovered in a Kentucky Car Accident Lawsuit?
In Kentucky, as in many other states, individuals involved in car accidents may be eligible to recover various types of damages if they can demonstrate that another party was at fault for the car accident. Damages refer to the compensation awarded to the injured party to help cover losses and expenses resulting from the car accident. The specific damages that can be recovered in a Kentucky car accident lawsuit include:
- Medical Expenses: This includes compensation for past, current, and future medical bills related to injuries sustained in a car accident. It may cover hospital stays, surgeries, doctor visits, medication, rehabilitation, and other medical costs.
- Property Damage: This involves the repair or replacement costs for damaged vehicles. As well as, any other property affected in the car accident.
- Lost Wages: If the car accident causes the injured party to miss work, they may be entitled to compensation for the lost income during that time. This can also include future lost earning capacity if the injuries result in a long-term impact on the individual’s ability to work and earn money in the future.
- Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and mental anguish, may also be recoverable. These damages are more subjective and are not easily quantifiable. Our experienced Kentucky car accident lawyers can advise you about how these values are determined.
- Loss of Consortium: This refers to damages awarded to the spouse of the injured party for the loss of companionship, support, and services resulting from the injuries.
- Punitive Damages: In certain cases where the at-fault party’s actions were particularly egregious or reckless, punitive damages may be awarded. These are intended to punish the wrongdoer and deter others from similar conduct.
If you’ve been in a car accident in Kentucky, it’s advisable to consult with our experienced Kentucky car accident lawyers who can provide guidance based on the specifics of your case. Stein Whatley Astorino, PLLC is here to help defend your legal rights and recover all the damages to which you are entitled.
What Should I Do if I Was Injured in a Car Accident?
Most car accident victims describe the wreck and moments following the car accident as a blur. Car accident victims experience a surge in adrenaline as a result of the trauma. They are often surprised by how frightening, confusing, and overwhelming the moments after a car wreck can be. In an instant your car is destroyed, your health is shattered, and you are left to pick up the pieces without knowing where to start. Confusion turns to panic and then to anger. The feeling of being alone intensifies when you feel lost and overwhelmed. You need help and the experienced Kentucky car accident lawyers of Stein Whatley Astorino, PLLC are here for you.
Reach out to us as soon as possible after a car accident. We are here to provide a guiding hand. Whether the car accident just happened, or it has been days since your car accident, we are ready to help. Our experienced Kentucky car accident lawyers will explain everything you need to know. With our guidance, you’ll be in a position to make informed decisions at every step of the insurance claims process.
While we believe that one of the most important things you should do following a car accident is to call an experienced Kentucky car accident attorney, there are some other immediate concerns. It can be a confusing and chaotic time immediately following a car wreck. For this reason, we have put together a checklist of things we recommend you do:
Survey the scene for danger
First and foremost, after a car accident look around and make sure there are no ongoing dangers present or risks of further dangers. For example, be sure to extract yourself and your loved ones from the vehicle if you see any open flames. Be aware of traffic that may be arriving on the scene of the car accident. This is especially important for interstate highway accidents or car wrecks that occur beyond a hill or blind curve.
Briefly assess your injuries and avoid moving seriously injured car accident victims if it can be avoided.
Call 911 from the scene of the car wreck. Try to calm yourself and answer the dispatcher’s questions as thoroughly and accurately as possible. The dispatchers are trained to ask questions concerning the status of the scene and the car wreck victims’ injuries so that first responders understand the situation awaiting them. This is important for serious injuries or life-threatening injuries where every minute counts.
Even if you are not experiencing life-threatening injuries, it is advisable to get a medical evaluation anyway. Many victims don’t realize the extent of their injuries because of adrenaline circulating in their system. If you are feeling dizzy, you could have a concussion or be suffering from some other health event. It is better to be safe than sorry. Be sure to ask the 911 dispatcher to send an ambulance. EMS personnel will evaluate you at the scene for injury even if you decline transport to the emergency room. Remember, car insurance provides coverage for initial medical bills which our experienced Kentucky car accident attorneys can help you with. Don’t refuse medical treatment because you worry about the cost.
Document the Car Accident
Use the camera on your phone. When possible, take pictures that show the entire scene, all involved vehicles, and surrounding landmarks. Try to take pictures of all the visual details of your car accident. Your photographs can be used to prove the other driver’s negligence even if the other driver is untruthful or incorrect about what occurred.
Gather as much information as possible. Ask to see the other driver’s license and insurance card. Use your smartphone to take pictures of the front and back of each. Be sure to make sure the information is readable in your photos. We also recommend that you take a picture of the at-fault driver’s license plate. Again, be sure to make sure the plate number and state of license are readable in the photo. In some car accidents, a witness or two may step forward to identify themselves. Ask them for their names and phone numbers. Again, use your smartphone to take notes of what they saw or add the witness as a phone contact. Let them know that you will reach out to them later. Be sure to thank them for stopping to check on you.
Request a copy of the police report
In jurisdictions that have reports immediately available be sure to ask for a copy before you leave the scene. Don’t be surprised if the report is not immediately available. In many situations, the responding officer will provide you with a card with the police agency name, report number, officer code number, and contact information. Be sure to ask the officer for this information prior to leaving the scene. You will want to share the information contained on that card with Stein Whatley Astorino, PLLC. Our experienced Kentucky car accident attorneys can get the police report for you if you are unable to get it.
We understand that some people may initially deny treatment at the scene of the car wreck because of family obligations (small children) or because they thought that their pain would go away with time. Even if you didn’t immediately go to the hospital, our experienced Kentucky car accident attorneys can still help you. Please be advised that time is of the essence. It is important that you take prompt action. We advise you to contact Stein Whatley Astorino, PLLC immediately to discuss your options. Our initial consultation is free.
What Should I Do if My Teenager is Injured in a Car Accident?
The car accident claim process is difficult for adults. It’s more difficult for teen drivers as they normally have very little experience with police. Also, they can be very emotional following a car accident. If the at-fault driver is an adult, they can sometimes try to take advantage of the teen driver. They do this by hinting that it was their fault or outright gaslighting them. Their goal is to influence the responding officer’s investigation.
A teenage driver’s first call is often to their parents following a car accident. If you find yourself accepting that call, advise your child to stay calm. Ask them where they are located, and have them call 911 upon hanging up with you. We recommend calling 911 to report the car accident as well to ensure it is reported in case your child is unable to complete the call themselves. Immediately meet them at the scene when possible. They will have more confidence discussing the facts and circumstances of the car accident with the officer in your presence. Moreover, you can ensure that your teenage driver gets the proper medical care for their personal injuries following a serious car accident.
Be sure to take a copy of your teen driver’s proof of insurance with you to the scene for the investigating officer’s benefit. Also, check out our checklist of what to do if you are in a car accident.
Once you have attended to your teenage driver’s medical needs, call the experienced Kentucky car accident lawyers at Stein Whatley Astorino, PLLC to protect your child’s legal right to full and fair personal injury compensation.
Frequently Asked Questions About Filing a Claim After a Car Accident in Kentucky
Is There a time limit to file a car accident claim in Kentucky?
Under Kentucky’s statute of limitations for car accident claims, a person injured in a Kentucky car accident generally has two years to settle a car accident claim in Kentucky. While certain situations can extend the deadline, this means that you typically have two years from the date of the car accident to file a lawsuit in the Kentucky civil court system.
Please be advised that this is a strict deadline. If you miss it, you will be barred from filing a claim for compensation. This is so even if you suffered serious injuries that were someone else’s fault. You will be barred from filing a claim against the at-fault party if you miss that deadline. It won’t matter how seriously you were injured in the car accident. Kentucky takes a hard stance on this deadline. Act now! Contact the experienced Kentucky car accident lawyers at Stein Whatley Astorino, PLLC today, if you are worried about legal time limits.
Keep in mind, that even though you may have up to two years to file a claim, you should act as soon as possible. Memories fade and important evidence can disappear quickly. Promptly hiring our experienced Kentucky car accident lawyers will help give you the best chance of securing the full and fair financial recovery you deserve.
Should I talk with the other driver’s insurance company?
No. If you’ve been involved in a car accident, you generally have the option of communicating with the other driver’s insurance company, but you are not obligated to do so. We advise you not to communicate with the other driver’s insurance company beyond reporting the car accident. Let Matt Stein, John Whatley, Rob Astorino, and their experienced Kentucky car accident lawyers set up the claims for you. They will also handle communication with the other driver’s insurance to protect your legal interests.
Can I file an injury claim in Kentucky if the car accident was partially my fault?
Yes. Kentucky follows a “pure comparative fault” system when it comes to car accidents. In a pure comparative fault system, each party involved in the accident is assigned a percentage of fault based on their contribution to the cause of the car accident. You can generally still file a claim even if the accident was partially your fault.
It’s important to note that car insurance companies and any resulting legal proceedings will assess the evidence, statements made by parties and witnesses, and other circumstances surrounding the car accident to determine the degree of fault for each party. In states that follow this doctrine, the amount an injured party can recover for their personal injury is reduced by the percentage of their fault. To better explain this point, suppose that your damages suffered in the car accident totaled $1,000,000.00. If you were 50% at fault in causing the car accident, then your recovery would be $500,000.00.
Can I file a car accident claim against my driver?
Yes. If the driver of the vehicle in which you were a passenger is at fault for the car accident that caused your personal injury, then you can file a claim against your driver. In this case, generally, you will also be entitled to PIP benefits or no-fault benefits in addition to your liability claim.
Contact Stein Whatley Astorino, PLLC. Our experienced Kentucky car accident attorneys can evaluate your claim. They will discuss the options available to you so get the full and fair compensation you deserve.
Can I file a car accident claim against my spouse?
Yes. If you are injured in a car accident by the negligent actions of your spouse, you are entitled to the full benefits and financial protections covered by a policy of car insurance as any other car accident victim. Contact Stein Whatley Astorino, PLLC. Our experienced Kentucky car accident attorneys can evaluate your claim and discuss the options available to you to get the full and fair compensation you deserve.
What should I do if the car insurance company says the car accident is partially my fault?
As discussed above, you are still entitled to financial compensation even if you are partially at fault for causing the wreck. Your recovery would be reduced by your percentage of fault. However, insurance companies often use this as a ploy to reduce the amount of an injury settlement. You Should call Stein Whatley Astorino, PLLC immediately so their experienced Kentucky car accident lawyers can investigate the facts and circumstances of your car accident. Matt Stein, John Whatley, and Matt Stein have been able to change an insurance adjuster’s determination on many occasions after an investigation. Don’t let an insurance adjuster blame you for your own injuries.
Can I get an insurance settlement if the statute of limitations has run on my car accident case?
No. Statutes of limitations are deadlines that Kentucky courts strictly enforce after car accidents. You are not entitled to any financial compensation for your injuries through the courts after the statute of limitations expires. Therefore, the car insurance companies have no obligation to pay your claims. In this situation, the car insurance company will most likely deny your car accident claim outright and you will have no remedy. This is one of the most important reasons to contact Stein Whatley Astorino, PLLC, and their experienced Kentucky car accident lawyers immediately after a car wreck.
Questions About How Auto Insurance Works After a Car Accident
Why is my insurance involved if the car accident wasn’t my fault?
The short answer to this question is that the Kentucky legislature passed the Motor Vehicle Reparations Act (MVRA) in 1975 in response to the toll of millions of motor vehicle accidents nationally and comparable experience in Kentucky upon the interests of victims, the public, policyholders, and others. The MVRA requires certain minimum limits and also mandates no-fault benefits be included in all policies of auto insurance sold in the Commonwealth of Kentucky. These no-fault benefits cover the occupants of your car regardless of whether the car accident was your fault. No-fault benefits are discussed in greater detail below. Additionally, other coverages such as uninsured or underinsured insurance, are extra sources of recovery only available under your auto insurance policy. Contact Matt Stein, John Whatley, and Rob Astorino at Stein Whatley Astorino, PLLC to discuss your options in greater detail.
Why is Kentucky called a “no-fault” state?
As discussed above, personal injury protection insurance (PIP Insurance) is mandatory for all policies of car insurance sold in the Commonwealth of Kentucky. In the Commonwealth of Kentucky, one of your primary sources of benefits following a car accident is a claim against your personal injury protection (PIP) policy. Your PIP coverage is available for payment of medical bills and lost wages up to the stated policy limit, regardless of fault. This means that you don’t need to be able to prove that the other driver caused your car accident to obtain coverage. You must only show that you were a car accident victim and incurred medical bills or lost wages as a result of the car accident.
Please be advised that additional PIP benefits are available beyond the minimum statutory limits upon request to your car insurer. Our experienced Kentucky car accident attorneys can review all the policies of insurance available to you to ensure that you get the full financial compensation you deserve. Call Stein Whatley Astorino, PLLC now to discuss.
Can I sue the other driver if Kentucky is a “no-fault” state?
Yes. As discussed above, Kentucky is referred to as a no-fault state because no-fault benefits are mandatory for all car insurance policies sold in the state. It is still possible to sue the other driver if they are responsible for the car accident and your resulting personal injury. Kentucky law requires that drivers using the roadways within the commonwealth also carry bodily injury liability insurance in addition to PIP insurance.
Bodily injury liability insurance coverage is the type of insurance that covers accident victims’ bodily injuries when the insured driver is at fault in a car accident. To file a bodily injury liability insurance claim in Kentucky, you must meet the threshold for such claims. As discussed above, a threshold is met if medical bills exceed one thousand dollars ($1,000), or the injury or disease consists in whole or in part of permanent disfigurement, a fracture to a bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of bodily function or death.
What happens if the car I was riding in does have car insurance but does not have PIP coverage?
You may still be entitled to PIP benefits. In some Kentucky car accident cases, out-of-state car insurance policies may have to provide PIP benefits if the car insurance company is licensed to sell car insurance policies in the Commonwealth of Kentucky. Talk to one of our experienced Kentucky car accident attorneys to see if you are entitled to these car accident benefits.
What happens if the car I was riding in does not have insurance?
You may still be entitled to PIP benefits through your auto insurance policy if you own a vehicle, or through a household member’s auto insurance policy or Kentucky Assigned Claims Plan if you don’t own a vehicle.
You would still make a bodily injury liability insurance claim against the other driver’s insurance policy if they caused the car accident in Kentucky. Your car’s uninsured status may have certain impacts on your recovery though. Our experienced Kentucky car accident attorneys can figure out the implications of the uninsured status and work to get you the fair and full compensation you deserve.
What is the minimum auto insurance required in Kentucky?
Kentucky law requires all drivers to carry three types of auto insurance coverage. The minimum coverage limits for each type of mandatory auto insurance in the Commonwealth of Kentucky are:
- Personal Injury Protection (PIP) – $10,000 per person per accident
- Bodily Injury Liability – $25,000 per person and $50,000 per accident
- Property Damage – $25,000 per accident
For the serious car accidents we handle, these minimum coverage amounts won’t provide fair and full compensation for the damages and costs suffered by our clients. However, many of our clients were fortunate to purchase uninsured motorist (UM)/underinsured motorist (UIM) coverage. Our experienced Kentucky car accident lawyers may be able to use these additional coverages to increase your financial recovery too. Call Stein Whatley Astorino, PLLC to discuss your recovery options.
Are my car repairs covered by car insurance after a car accident?
Like a lot of scenarios under the law, it depends. The coverage for your car repairs in the aftermath of an accident hinges on various factors within the legal framework. If the other driver is determined to be at fault, you have the right to seek coverage for your car repairs through their property damage policy. In situations where this coverage falls short or if the responsible driver is uninsured, you may explore the option of filing a claim under your own car insurance policy’s collision coverage, if available. To explore and understand your specific options, it is advisable to consult with our knowledgeable Kentucky car accident lawyers.
How does the fact that the other driver was breaking the law at the time of the car accident affect my car accident claim?
Again, it depends. Simply because the other driver was violating the law during the car accident does not guarantee an automatic victory in your insurance claim or case. However, if the violation of the law was a direct factor in causing the car wreck, then it can help prove the other driver’s fault in causing the car accident. Violations like speeding, driving under the influence of drugs or alcohol (DUI), distracted driving, texting while driving, running red lights, and running stop signs are against the law for a reason. Drivers who violate the law and hurt people in the process can and should be held accountable for those unlawful actions. Our experienced Kentucky car accident lawyers will use these facts to your advantage if the driver who hit you was breaking the law.
Questions About How to Maximize Compensation After a Car Accident
Is it better to settle my car accident claim with the insurance company or should I file a lawsuit?
There are a few things to consider when weighing settlement and going to trial. The first thing to consider is the offer from the car insurance company. Is it fair and just given your car accident and the personal injury suffered? Our Kentucky car accident lawyers have many years of claims experience and trial experience. They also have all the published jury verdicts in the Commonwealth of Kentucky for the last 20 years for injuries similar to yours. They will review them with you to get an idea of what juries have been awarded in the past. If the offer is fair and just, then accepting will likely be your best option. However, if it isn’t fair and just compensation for your losses then our experienced Kentucky trial lawyers are ready to take your claim to court.
Can I get punitive damages in a car accident lawsuit in Kentucky?
In certain cases where the at-fault party’s actions were particularly egregious or reckless, punitive damages may be awarded. These are intended to punish the wrongdoer and deter others from similar conduct. The grounds for seeking punitive damages are limited. However, if your facts and circumstances support such a claim then our experienced Kentucky car accident lawyers will advise you to pursue punitive damages in addition to your personal injury damages. Fortunately for Kentucky car accident victims, the state of Kentucky has not placed a cap on punitive damages.
Should I cash a check I received in the mail from the insurance company?
Our general recommendation is no. We recommend speaking with our experienced Kentucky car accident lawyers before cashing or depositing the check. You may inadvertently settle your case when you cash or deposit the check. As we discussed above, sending a low-ball check to car accident victims shortly after a wreck is an underhanded tactic car insurance companies use to limit their losses on claims. They hope that the car accident victim is desperate for money and accepts the low-ball settlement. It is a shameful way insurance companies take advantage of poor car accident victims. Or they hope that the car wreck victim inadvertently deposits the check not understanding that they may have settled their claim by doing so. In either instance, it is a tactic to limit your recovery before the full extent of your damages is known.
Before agreeing to an insurance settlement following a car accident, it’s crucial to be thoroughly aware of both the extended financial and non-financial implications of your injuries. Only accept an insurance check when you are certain that it genuinely represents fair and equitable compensation for all the incurred or anticipated costs and bodily injuries suffered in the car accident.
If I cash or deposit an insurance check that doesn’t fully cover my expenses, am I allowed to get more money later?
Possibly, but you should never risk it. As discussed above, once you cash or deposit an insurance check you are settling your case. Once settlement is reached then the claim is over. You cannot seek additional compensation even if the check doesn’t cover all your accident-related expenses, If you have received and cashed a check from an insurance company, you need to call our experienced Kentucky car accident lawyers who can help determine if the case has been closed or if you can still pursue additional recovery.
Once more, it is important not to accept a settlement until you have a clear understanding of the value of your case for which you are entitled to recover. This necessitates the assistance of a proven car accident lawyer who prioritizes your best interests. Matt Stein, John Whatley, and Rob Astorino at Stein Whatley Astorino, PLLC are available to discuss your situation. The initial consultation is free.
Questions about Filing Car Accident Claims Outside the Scope of Car Insurance
Can I file a car accident claim for a car accident resulting from a vehicle defect in Kentucky?
If individuals sustain injuries in a car accident due to a vehicle defect, they may be eligible to file a claim for compensation against the manufacturer of the defective vehicle, the manufacturer of the faulty component, or the dealership from which they purchased the defective car.
In these cases, it is vitally important to preserve evidence related to the defect. This may include keeping the damaged vehicle, saving any faulty parts, and documenting any repairs. It is also important to collect information about the vehicle, such as the make, model, and year, as well as the vehicle identification number (VIN). Also, document any maintenance or repairs that have been done on the vehicle. One of our experienced Kentucky car accident lawyers can guide you through these tasks.
Product defect claims differ from typical car insurance claims in that they may not necessitate evidence of negligence. Instead, these claims may be subject to a “strict liability” standard, wherein businesses are held accountable for placing faulty vehicles on the market, irrespective of whether negligence can be proven. Similar to most auto insurance claims, product defect claims require a review by an experienced Kentucky car accident attorney to determine the unique factors that make one of these claims successful. Matt Stein, John Whatley, and Rob Astorino at Stein Whatley Astorino, PLLC to discuss your specific situation.
Can I file a lawsuit against the manufacturer if I suffered serious injuries due to a defective airbag?
If you’ve been injured due to a malfunctioning airbag in your car, you may have the legal right to pursue a lawsuit against the manufacturer for a product defect. However, the success of your case will depend on various factors, including the specific details of the incident and the extent of your injuries.
The United States has seen the recall of tens of millions of cars and trucks as a result of defective airbags. Airbag defects refer to issues or malfunctions in the design, manufacturing, or deployment of airbags in vehicles. Airbags are crucial safety features designed to protect occupants during a collision by rapidly inflating to cushion the impact and reduce the risk of injury. However, defects in airbags can compromise their effectiveness and, in some cases, lead to serious injuries or fatalities. Here are some common airbag defects and associated issues:
- Inflator Defects: One of the most well-known airbag defects involves the inflator, which is responsible for rapidly releasing gas to inflate the airbag. Defective inflators can rupture or explode during deployment, leading to the release of metal fragments into the vehicle cabin. This poses a significant risk of injury or death to occupants.
- Deployment Issues: Airbags are designed to deploy at the right time and with the appropriate force during a collision. Defective sensors or faulty deployment systems can cause airbags to deploy too early, too late, or with excessive force, leading to injuries.
- Sensor Malfunctions: Sensors play a crucial role in detecting a collision and triggering the airbag deployment. Malfunctioning sensors may fail to detect a crash or, conversely, deploy the airbags unnecessarily.
- Manufacturing Flaws: Issues during the manufacturing process, such as poor-quality control or the use of substandard materials, can result in airbag defects. These defects may not become apparent until the airbags are needed in a real-world crash.
- Recalls: Due to the serious safety implications of airbag defects, vehicle manufacturers often issue recalls to address and fix the problems. Recalls involve replacing or repairing faulty airbags to ensure the safety of vehicle occupants.
- Takata Airbag Recall: One of the largest and most notable airbag-related recalls in recent years involved Takata Corporation. Millions of vehicles equipped with Takata airbags were recalled globally due to inflator defects that led to ruptures and injuries.
If you believe you were injured because your car’s airbag malfunctioned, you should call the experienced Kentucky car accident attorneys at Stein Whatley Astorino, PLLC to evaluate your personal injury claim.
Can file a lawsuit against a restaurant if one of their delivery drivers caused my car accident?
In general, a restaurant may be held liable for the actions of its employees, including delivery drivers, under Kentucky’s legal principle of vicarious liability or respondeat superior. This means when a car accident is caused by a careless or reckless delivery driver employed by a restaurant, you may also be able to go after the restaurant to seek appropriate and equitable compensation. Some drivers are subject to this rule and some are not depending on their employment status. Insurance coverage can also play a significant role in determining how a claim is resolved. In these scenarios, the restaurant will likely have a general liability insurance policy that will also provide financial compensation in addition to the delivery driver’s auto insurance.
If you believe you have a valid claim against a restaurant for a delivery driver’s negligence, you should consult with our experienced Kentucky car accident lawyers for advice tailored to your specific circumstances.
Can I file a car accident claim against Uber or Lyft due to their rideshare driver’s fault?
As discussed above, rideshare drivers aren’t classified as employees of Uber and Lyft in the Commonwealth of Kentucky. In this scenario, vicarious liability may not apply in rideshare accident cases in Kentucky. However, both Uber and Lyft have insurance policies that cover their drivers and passengers. If you’ve suffered serious injuries and damages due to a rideshare driver’s negligence and can’t fully recover your losses from the driver’s car insurance, our experienced Kentucky car accident lawyers will investigate the parties involved to determine if other policies of insurance are available to you. If applicable, we can file a car accident claim with Uber’s or Lyft’s insurance on your behalf.
Can I file a car accident claim against a government entity or employee if I suffered serious injuries in a road construction accident?
If you were injured in a road construction accident in Kentucky, you may have the option to file a claim against the responsible party, which could include the state or other entities involved in the construction project. In many cases, claims against government entities, such as the state of Kentucky, may be subject to specific rules and procedures. These rules are outlined by statute and may include shorter deadlines for filing claims and specific requirements for notice.
If you’ve suffered serious injuries in a car accident resulting from construction debris on the road, insufficient markings in a construction zone, or any other issues related to road construction in Kentucky, we recommend you seek guidance from our experienced Kentucky car accident lawyers who possess a deep understanding of Kentucky’s laws and statutes. Stein Whatley Astorino, PLLC can help you understand your rights, navigate the legal process, and determine the appropriate steps to take moving forward. Our experienced personal injury lawyers can also help you gather evidence, assess liability, and guide you through the complexities of filing a claim against a government entity or their contractors.
What Our Clients Have to Say About Stein Whatley Astorino, PLLC
When you’ve been seriously injured in a car accident, your choice of legal representation matters in how you will proceed with your car accident claim. You need serious attorneys who get serious results. One of the best ways to research an experienced Kentucky car accident lawyer is to review their client’s reviews. Stein Whatley Astorino, PLLC encourages you to check out our numerous five-star reviews on Google and Facebook. Below is a small sample of our five-star reviews.
I highly recommend Rob Asterino if you are in need of a personal injury lawyer. Rob was patient, kind, and always there for my questions. I had his support through my entire ordeal and always felt like I was up to date. Rob is passionate about his clients and helped me through the grueling process. Rob helped me get what I felt like I deserved and did not back down. Thanks Rob, I am so glad our paths crossed.
Kristen Brentzel Tipton
Facebook 5-Star Review
Knowledgeable & Honest
John was very accommodating and generous with his time. As we are all upset about whatever problems we have, he was able to give me the advice and assure me that he [would] provide the correct avenue to the solution. John is knowledgeable and honest. He’s a great guy and an amazing friend to everyone. Highly recommended.
You Get the Best Results
Sometimes when you need an attorney, it can be a challenging time in your life. However, if you work with John and his team, it is not. They are very sensitive and very knowledgeable in what they practice. When you work with them, you feel like you are the only one and they take as long as they need to make sure you get the best results that you can have. I highly recommend anyone needing services to stop looking and just call their office to see what I mean.
I Would Definitely Recommend
Most people say “I’m not a person to sue anyone ” I definitely was one of them until trouble came and experienced pain and suffering. I was referred to Stein Whatley Attorneys by a coworker… I met Rob Astorino who took my case. Rob is amazing, he communicated with me all throughout and told me the truth concerning my case. Finally, we were able to settle without any problems and I am grateful for him fighting for me. I would definitely recommend Stein Whatley Attorneys for your legal needs.