Car Accident Insurance Coverage

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My dad totaled his car and was at fault. He missed a stop sign, but the street is very deceiving and could not tell there was an intersection approaching from a distance. Not sure if this would make any difference?
Hi Lisa,
I'm sorry to hear about your dad's accident. To assist you better, could you let me know if any other vehicles or property were involved in the accident? This will help determine the specific legal implications in Kentucky.
Yes another driver unfortunately
Lisa, I'm sorry to hear about your dad's accident. Here are a few points regarding fault and traffic violations in Kentucky:
- Kentucky follows a "comparative negligence" rule.
- Missing a stop sign can be considered a traffic violation.
- The deceptive nature of the street might be a factor in defense.
Was anyone injured in the accident?
My Dad has a scrape on his leg and the other driver denied medical attention and going to the hosptial.
I'm sorry to hear about your dad's situation, Lisa. Here are some important points regarding accidents and medical attention in Kentucky:
- Kentucky is a "no-fault" state for car accidents, meaning that each party's insurance typically covers their own injuries.
- It's important to document all injuries, however minor, and seek medical attention to ensure proper care and documentation.
- Denial of medical attention by the other driver does not absolve your dad from seeking medical care or reporting the injury for insurance purposes.
Is there any specific assistance or information you need regarding this situation?
Ok, but his insurance will cover her car damages?
Hi Lisa,
In Kentucky, as a "no-fault" state, each driver's own insurance typically covers their injuries. However, for property damage, the at-fault driver's liability insurance usually covers the other party's vehicle damage.
- Your dad's liability insurance should cover the other driver's car damages.
- Make sure to report the accident and file a claim with his insurer.
Is there anything else you need help with?
Ok, but the other driver could still try to sue for medical injuries?
Hi Lisa,
Yes, the other driver could potentially sue for medical injuries despite Kentucky being a "no-fault" state. Here are some points to consider:
- They can sue if medical expenses exceed a certain threshold.
- Serious injuries might also allow them to bypass no-fault rules.
Is there anything specific you need more information on regarding this?
Ok so if her medical expenses exceed her policy limits, my dad's insurance would cover her
Hi Lisa,
If the other driver's medical expenses exceed their own policy limits, your dad's liability insurance might cover the excess, up to the limits of his policy. Here are some points to consider:
- Kentucky’s no-fault insurance typically covers up to a certain limit.
- Liability insurance can cover costs beyond these limits.
Is there anything else you need clarification on?
Ok so each party files with their insurance. Once the other driver's damages exceed their policy limits, my dad's insurance kicks in?
Hi Lisa,
Yes, that's correct. Here's a summary of how it works in Kentucky:
- Each party files with their own insurance first.
- If the other driver's damages (medical or property) exceed their policy limits, your dad's liability insurance may cover the remaining costs up to his policy limits.
Is there anything else you need clarification on?
Ok, and if the other driver were to sue, could the deceptive street apply?
Hi Lisa,
Yes, the deceptive nature of the street could potentially be used as a defense if the other driver sues. Here are a few points to consider:
- The condition of the roadway can be relevant in determining fault.
- Evidence such as photos or witness statements might support this defense.
- Comparative negligence rules in Kentucky could reduce liability based on the street's conditions.
Is there anything else you need help with?
What is comparative negligence
Hi Lisa,
Comparative negligence in Kentucky means that fault for an accident can be shared between parties based on their level of responsibility. Here are key points:
- Each party's fault is assigned as a percentage.
- Compensation is reduced by the percentage of one's own fault.
- A party more than *% at fault may not recover damages.
Is there anything else you need clarification on?
Wel they already determined Dad was at fault right now
Hi Lisa,
Thank you for the update. Given that your dad has been determined to be at fault, here are a few key points to keep in mind:
- **Insurance Coverage**: Your dad's liability insurance will cover the other driver's damages up to the policy limit.
- **Comparative Negligence**: The deceptive nature of the street might still be relevant if any claims or suits arise to potentially reduce liability.
Is there anything specific you need further assistance with?
Ok but her insurance will cover her medical expenses right now, correct?
Hi Lisa,
Yes, in Kentucky, since it's a "no-fault" state, the other driver's own insurance will initially cover their medical expenses. Here are the key points:
- Each driver's insurance covers their own medical expenses.
- They can file a claim with their insurer for immediate medical costs.
Is there anything else you need clarification on?
But then subgrogate later on if her medical exceeds her policy?
Hi Lisa,
In Kentucky, if the other driver's medical expenses exceed their own policy limits, their insurance company might seek reimbursement (subrogation) from your dad's insurance. Here are the key points:
- **Subrogation**: The other driver’s insurer might pursue your dad’s insurer for costs exceeding their policy.
- **Liability Limits**: Your dad's insurance will cover these costs up to his policy limits.
Is there anything else you need clarification on?
WIll the other driver's insurance cover her car initially or will they subgrogate later on as well if exceeds their policy?
Hi Lisa,
In Kentucky, the other driver's insurance will likely cover her car damages initially. If her property damage exceeds her policy limits, her insurance company may seek reimbursement (subrogation) from your dad's insurance.
- **Initial Coverage**: Other driver's insurance covers their car damages.
- **Subrogation**: If damages exceed their policy, they may seek reimbursement from your dad's insurance.
Is there anything else you need clarification on?
How long does the process usually take? How will we know if they try to seek reimbursement or more?
Hi Lisa,
The process duration can vary, but here are some general points:
- **Initial Claims**: Typically processed within a few weeks to a few months.
- **Subrogation**: May take several months to a year.
- **Notification**: Your dad's insurance company will notify him if the other insurer seeks reimbursement.
Is there anything else you need help with?
Ok and will his insurance pay?
Hi Lisa,
Yes, your dad's insurance will pay for the other driver's car damages up to the policy limits, even if the other driver's insurance seeks reimbursement through subrogation.
- **Liability Insurance**: Covers other driver's damages up to policy limits.
- **Subrogation**: Your dad's insurer will handle reimbursement if pursued.
Is there anything else you need clarification on?
what are the lowest possible policy limits for kentucky
Hi Lisa,
In Kentucky, the minimum required auto insurance liability limits are:
- **Bodily Injury Liability**: $*,* per person, $*,* per accident
- **Property Damage Liability**: $*,* per accident
- **Personal Injury Protection (PIP)**: $*,* per person
Is there anything else you need help with?
So if they had a low policy limit they could seek reimbursement
Hi Lisa,
Yes, if the other driver has low policy limits and their damages exceed those limits, their insurance company might seek reimbursement from your dad's insurance. Here are key points:
- **Policy Limits**: Coverage up to the specified limits.
- **Subrogation**: Insurer may seek additional reimbursement if damages exceed limits.
Is there anything else you need help with?
Do more expensive cars require higher policy limits
Hi Lisa,
In Kentucky, while there is no legal requirement for higher policy limits for more expensive cars, it is often advisable to have higher limits to ensure adequate coverage. Here are some points:
- **Liability Coverage**: Higher limits can protect against significant damages.
- **Comprehensive/Collision**: Higher coverage can be beneficial for expensive cars.
Is there anything else you need help with?
Ok they had a lexua
Hi Lisa,
Thank you for the additional information. Given the other driver had a Lexus, it's likely that the damages could be substantial. Here are some key points:
- **Higher Damages**: Luxury cars like a Lexus may incur higher repair costs.
- **Policy Limits**: Ensure your dad's insurance has adequate liability limits to cover potential high damages.
Is there anything specific you need further clarification on?
But it would seem they would have high policy limits to cover their damages?
Hi Lisa,
It's possible the other driver might have higher policy limits given they own a Lexus, but this isn't guaranteed. Here are some points to consider:
- **Luxury Car Insurance**: Owners often opt for higher limits due to potential high repair costs.
- **Confirmation**: Only the other driver or their insurer can confirm their actual policy limits.
Is there anything else you need help with?
Dad has *,* policy limit to cover liability, and *,* to cover property
Hi Lisa,
Your dad's policy limits of $*,* for liability and $*,* for property damage should provide substantial coverage. Here are some key points:
- **Liability Coverage**: Up to $*,* for bodily injury.
- **Property Damage**: Up to $*,* for vehicle/property damage.
Is there anything else you need clarification on?
Ok I would think that is more than enough correct? Her insurance will cover her damages at first and then if they exceed her limits, Dad's will kick in?
Hi Lisa,
Yes, that's correct. With your dad's policy limits of $*,* for liability and $*,* for property damage, it should provide significant coverage.
- **Initial Coverage**: Her insurance covers initial damages.
- **Exceeding Limits**: If her damages exceed her policy limits, your dad's liability insurance will cover the remaining costs up to his limits.
Is there anything else you need clarification on?
Is there a way I can have this chat emailed to me?
Hi Lisa,
Unfortunately, I don't have the capability to email this chat directly. However, you can copy the content and paste it into an email or document to save for your records. If you have any further questions or need more assistance, feel free to ask!
Is there anything else you need help with?
Ok thank you so much
You're welcome, Lisa! I'm glad I could assist you. If you have any more questions in the future, don't hesitate to reach out. Have a great day!