Car accident victims are often left with significant medical expenses, career-altering injuries, and other financial obstacles that lower their quality of life. This is why monetary compensation through a car accident settlement is essential to the lives of those who are dealing with life-altering injuries due to the careless actions of another driver. And when the liable party is an out-of-state driver, the matter only becomes more complicated and stressful for injured victims.
Fortunately, that’s where the law offices of Kaufman & Stigger can help. We 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 your car accident 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 your injuries are minor, such as scrapes and bruises, then you will most likely not need an attorney. But like most car accidents in Louisville, they are usually far from minor. According to the Courier Journal, Louisville is one of the most dangerous cities for drivers, averaging over 4,000 car accidents with serious injuries per year. So, if you’ve sustained serious injuries and property damage after a car accident, it is recommended to consult with a Car Accident Lawyer at Kaufman & Stigger to pursue compensation for your damages.
While insurance companies are there to provide financial support after a car accident, they will typically look to give you the lowest amount of coverage possible, or even deny your claim. The unfortunate truth is that most insurance companies are looking out for their bottom line instead of protecting injured drivers. In cases like this, a lawyer can hold the insurance company responsible for the full extent of the following damages after a car accident:
- Medical expenses: your current bills and the cost of your anticipated, future medical care
- Lost wages: these include wages lost while you were too injured to work, as well as damages to your future earning capacity if your injuries are too severe for you to resume your occupational duties
- Medical equipment: costs of altering your home, or vehicle due to your disability
- Property damages: if any damage was done to your property during a slip-and-fall accident it can be included in your compensation
- Pain and suffering: these are non-economic damages that will be determined by the severity of your injuries and the extent of treatment needed
What is Covered Under No-Fault Car 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. 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 $25,000, 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 Attorney at Kaufman & Stigger to pursue compensation for your damages.
Accident Liability for Out-of-State Drivers
Out-of-state drivers involved in accidents in Louisville, 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 car 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.
How is Fault Determined in a Car Accident Caused by Out-of-State Drivers
Fault in a car accident depends on the actions of both drivers. By law, everyone on the road is required to take necessary safety precautions to avoid getting in an accident. When determining fault, Kentucky follows a pure comparative negligence system.
In most cases, the person who violated a safety law is at fault for the accident. However, both parties can be at-fault to some extent, which is where the comparative negligence system comes into play. For example, let’s say you’re speeding through downtown Louisville and you’re struck by a vehicle that was also in a hurry and ran a red light.
In this case, you can be assigned a percentage of the fault for traveling faster than the posted speed limit. Continuing with this hypothetical scenario, if your car accident injury goes to trial, you could be found by a jury to be 40% at fault for your injury. This would leave the driver with 60% of the fault for not being more aware of a person in the street. So, if the final verdict rewards you with $200,000, you will get $120,000 because your compensation will be reduced by the 40% you were found at fault.
How to Prove Fault in a Car Accident
To establish that a driver was careless and caused your car accident, you would need to prove the following:
- Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the driver failed to uphold their duty of care toward other drivers
- Cause: the driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
These elements of carelessness appear relatively straightforward. However, proving these careless acts to an insurance company requires taking proper legal steps that a Car Accident Lawyer at Kaufman & Stigger can assist you with.
Contact Kaufman & Stigger | Louisville 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 Louisville, 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.
