Kaufman & Stigger represent Lexington car accident victims injured by out-of-state drivers. If you or a loved one were injured in a car accident by an out-of-state driver, you may be wondering about your ability to recover compensation. All drivers in Lexington, Kentucky, regardless of where they’re driving from, are subject to the rules and liability of the state of Kentucky.
So, if you’ve been injured by an out-of-state driver, we can track down the liable party and serve them with a lawsuit to demand compensation for medical bills, missed time at work, and mental trauma you’ve been forced to endure due to the incident. Take the first step toward pursuing damages for a car accident caused by an out-of-state driver today by contacting Kaufman & Stigger for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Car Accident Caused by an Out-of-State Driver?
If you’ve only sustained minor injuries like bumps and bruises after a car accident with an out-of-state driver, you may not need an attorney. Minor injuries and damages can be handled through the at-fault driver’s insurance. However, if you’ve suffered significant injuries that have:
- Caused you to miss work
- Require hospitalization, medical treatment, or surgery
- Left you unable to do basic tasks, or live your daily life without physical pain
It is recommended to consult with a Car Accident Attorney at Kaufman & Stigger to discuss your legal options. Our lawyers can assess your injuries, damages, and liability to determine if a lawsuit should be filed. Once a personal injury lawsuit is filed, our attorneys will begin negotiating a fair settlement with the insurance adjusters to cover the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
Accident Liability for Out-of-State Drivers
Out-of-state drivers involved in accidents in Lexington, Kentucky, are subject to Kentucky law according to Kentucky Revised Statute 454.210. This law allows Kentucky courts to exercise jurisdiction over out-of-state drivers and other nonresidents as it states:
“A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.”
In General, courts are permitted to exercise personal jurisdiction over a nonresident as long as that party has had minimum contact with Kentucky, meaning all drivers in Kentucky are required to pay damages arising out of their ownership or operation of a motor vehicle in the state of Kentucky. So, out-of-state drivers are subject to the same responsibilities as Kentucky drivers if they’re involved in an accident: These responsibilities include:
- The responsible party must pay at least $15,000 for each person injured or killed in the vehicle accident
- The responsible party must pay at least $30,000 for injury or death to two or more people in an accident
- The responsible party must pay at least $5,000 to cover property damage
- Reporting the accident to police within 10 days of the accident if damages are worth more than $750
How to Bring a Lawsuit Against an Out-of-State Driver
Accidents against out-of-state drivers are treated the same as all personal injury accidents, and it is recommended to consult with a Car Accident Attorney at Kaufman & Stigger before filing a lawsuit. Out-of-state drivers who violate Kentucky traffic safety laws and get into an accident can be held responsible under the theory of negligence per se. Negligence per se basically states:
- A defendant (out-of-state driver) violated a safety law
- This violation resulted in injuries
- The safety law, which was violated was designed to guard Kentucky citizens against injury
- The plaintiff (Kentucky driver) was considered a class of people the law was designed to protect
It is important to note that it may be difficult to hold an out-of-state driver accountable if the driver does not have insurance that is valid in Kentucky. In these cases, however, you can pursue a defendant’s personal assets to cover your damages or utilize your uninsured/underinsured coverage on your insurance policy, which is required by law in the state of Kentucky. If you find yourself in a similar situation, please do not hesitate to contact Kaufman & Stigger for all your legal concerns.
How Long Do You Have to File an Auto Insurance Claim After an Out-of-State Car Accident?
Auto insurance claims abide by the typical statute of limitations of any personal injury claim. Personal injury claims, such as motorcycle accidents, have a statute of limitations of two years from the day of the accident. Auto insurance claims usually require evidence and witness statements to prove liability, so it is important to file a claim as soon as possible. Evidence can deteriorate over time, and witnesses may forget critical details, which can be harmful to your claim.
Do You Have to File a Car Accident Claim?
Every year, thousands of Kentucky drivers are victims of car accidents. Some of these incidents occur due to completely unpredictable hazards or reckless driving. But regardless of how the accident occurred, it is recommended to file a claim with your insurance company, no matter how minor the accident may be.
A common mistake most drivers make is thinking they can avoid having their rates raised by not informing their insurance about a minor accident. However, this can easily backfire. If the other driver involved in the minor accident files a lawsuit against you for the accident, then your insurance does not have to uphold its policy agreement with you since you failed to report an accident after it happened.
This will cause you to have to pay for damages without the help of your insurance. Even if your insurance decides to uphold your policy agreement, your rates will still go up. So, it is always recommended to report any accident you find yourself in.
What is Covered Under No-Fault Motorcycle Accident Insurance?
Under Kentucky Law, all motor vehicle owners must purchase and maintain at least $25,000 per person and $50,000 per accident in bodily injury liability insurance, as well as $25,000 in property damage liability insurance. Motorcycle riders are exempt from having at least $10,000 in personal injury protection coverage, which is required by all other motor vehicles, but it is recommended considering how dangerous riding a motorcycle can be.
The law also states motorists are required to file a claim for accidents involving damages of $500 or more, regardless if they were at fault for the accident or not. This is so your own car insurance policy will cover your damages without requiring proof of someone else’s fault.
For example, if you were injured in a car accident and were not at fault, your own insurance would cover your medical bills up to $10,000, if you purchased personal injury protection coverage. However, if you suffered injuries without personal injury protection coverage, then you should consult with a Car Accident Lawyer at Kaufman & Stigger to pursue compensation for your damages.
Contact Kaufman & Stigger | Lexington Out-of-State Car Accident Lawyers
If you or a loved one has suffered injuries due to a car accident involving an out-of-state driver in Lexington, Kentucky, the Car Accident Attorneys at Kaufman & Stigger can help. Car accidents with out-of-state drivers can be complicated, but with our law firm they can be as simple as making a phone call. Call us today for a free consultation and case evaluation. There are no upfront fees, and you don’t pay a cent until we’ve won your case.
