Recovering Compensation After a Kentucky Intersection Accident: Do You Know The Steps to Take?
You really can’t drive anywhere without coming to at least one intersection. Whether it’s in a neighborhood, downtown, or a rural highway, intersections make it possible for drivers to reach their destinations. The primary downside to intersections is the inherent risks.
Did you know intersection accidents accounted for 29.2 percent of all KY car collisions in 2021? So, if you’re involved in an intersection accident, do you know what to do? The steps you take can impact your ability to recover compensation for your injuries and other damages.
Report the Accident
Like most states, Kentucky gives drivers a grace period of 10 days to report a motor vehicle accident. However, this only applies if injuries or fatalities aren’t present. You are also required to immediately report any vehicle accident when property damage exceeds $500.
Since even a minor fender bender can result in over $500 in property damage, it’s usually best to report an accident as soon as it happens.
Reporting the accident can also help support your personal injury claim. The responding officers can investigate the accident scene and include relevant information in your report. You can usually pick up a copy of the accident report within seven to ten business days. You’ll need to submit a copy of the report with your accident claim.
Assess Your Injuries
Take a minute to check yourself and any passengers for injuries. If someone suffers serious injuries, relay this information to the 911 operator. This way they know to send an ambulance, along with the officers.
Even if you appear uninjured, you should still plan on scheduling an appointment with a healthcare provider. Some injuries can take a few days or even weeks to start displaying immediate signs and symptoms. Soft tissue injuries are an example, along with internal bleeding.
Don’t forget about the state’s statute of limitations. Kentucky gives accident victims two years to file an accident claim. If you wait to diagnose any injuries, the statute of limitations may run out while you’re trying to assess all of your damages.
Document the Accident Scene
If you don’t need an ambulance ride to the hospital, take a few minutes to document the accident scene. Yes, your accident report will include a ton of information but something may be overlooked. You also need to wait a week or so to pick up a copy of your accident report. By documenting the scene, you can get a head start on the claim process.
What you don’t want to do is get in the way of the authorities so try not to be pushy. All you’re doing is gathering some evidence.
Take pictures of any damage to your vehicle. Don’t worry about the other driver’s car. Emotions tend to run high after an accident and not everyone wants someone photographing their property. Try to get some pictures of where your vehicle ended up.
Sometimes, the position of your vehicle can help determine fault. Figuring out who’s the at-fault driver in an intersection accident can be challenging, especially in rural locations. You usually don’t have the benefit of security cameras to fall back on.
If you have any visible injuries, take a few pictures to include in your medical file. Sometimes, pictures can convey the severity of an injury better than words in a medical file.
Look for any witnesses and get their contact information. Your attorney will want to interview any witnesses. However, don’t go into detail about the accident. The defendant’s insurance adjuster is also going to talk to any witnesses. Anything you say can be used to try and reduce the value of your intersection accident claim.
Calculate Your Damages
Your personal injury claim may include both economic and non-economic damages. Figuring out the value of your economic damages is relatively easy, especially if you use a calculator. Add up all of your bills, receipts, and estimates.
If you’re claiming lost current income, add this to your total. The final figure represents the value of your economic losses.
Most personal injury claims also include non-economic damages. These are intangible things like your pain, suffering, mental anguish, and loss of life enjoyment, to name a few. Since your mental anguish doesn’t come with a bill or receipt, you’re going to need to use either the multiplier or per diem method. Both are perfectly acceptable methods accepted by the court and insurance companies.
Chances are you’re going to get different totals for each of the two methods. This is normal since the formulas are a little different. A good tip is to use both methods. Submit one to the insurance adjuster. If they come back with a counteroffer, you’re ready with the second figure. Sometimes, this can help speed up the claim process.
Contact the Insurance Company
Once you’ve gathered your evidence, filled out the paperwork, and calculated your damages, it’s time to contact the insurance company. Don’t expect an immediate reply or even one in a day or so.
Most insurance companies take around two weeks or so to review a submitted claim. Chances are, when the insurance adjuster responds, it’s not to approve your claim. Instead, you’re probably heading to negotiations.
During negotiations the insurance adjuster makes an offer, you counter, and so forth. Don’t be surprised if negotiations go on for a while. This is normal and you always have the choice of accepting the insurance company’s offer.
However, once you accept an offer from the insurance adjuster your claim is officially closed. You can’t reopen the claim or file another one for the same accident. This applies even if you still have bills coming in.
Ensuring You Receive Compensation for Your Intersection Accident
Intersection accidents can be severe and this usually means plenty of damage. Instead of trying to navigate the legal system on your own, it’s usually best to work with an experienced personal injury lawyer.
Your attorney can help you prove fault, gather evidence, calculate your damages, and handle the negotiations so you have a better chance of receiving a fair settlement.
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