auto accident

kentuckymama1201 · #1 Apr 21, 2007, 12:33 PM

I simply need to know if an accident occurs and the person not at fault does not have insurance, can he/she still sue the person at fault? I am asking in terms of Kentucky No-Fault Insurance law.

TheSavage · Apr 21, 2007, 12:43 PM

if the laws in your state are like the no fault laws here -- no insurance = car being on the road illegally, which would = your screwed. -- Savage

Adjuster76 · Apr 21, 2007, 01:07 PM

Yes! You can recover you damages. If the person involved in the loss is uninsured then you only means is small claims court. The term "No-Fault" is thrown around loosely but it only refers to any medical exposures. (ie. injury resulting from an auto accident).

Kentucky is a "pure comparative" negligence state. That means that each party is able to recover any damages acquired from an auto accident according to the % not at fault.

Example.
If you are 100% not at fault then you are owed 100% of you damages.
If you are found 10% at fault then you can only recover 90% of you damages.

You would need to sue under Kentucky Small Claims court.

Let me know if I can be of any further assistance.

Kristoph Searles
Claims Adjuster, National CAT Team.



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