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    kentuckymama1201's Avatar
    kentuckymama1201 Posts: 1, Reputation: 1
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    #1

    Apr 21, 2007, 01:33 PM
    Auto accident
    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's Avatar
    TheSavage Posts: 564, Reputation: 96
    Senior Member
    		  
    #2

    Apr 21, 2007, 01:43 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's Avatar
    Adjuster76 Posts: 2, Reputation: 1
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    #3

    Apr 21, 2007, 02:07 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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