Legal Question in Personal Injury in Kentucky

Re: Should I sue and can I win?

In Kentucky, you can sue to recover your damages based on percentage of fault. However, the type of suit you are allowed to bring is based on how you were damaged: personal injury or property damage.

You did not mention if you were injured. If you were injured, to recover for a personal injury, then you need to meet certain threshold criteria. However, other criteria will apply due to the fact you had no insurance. If you were not injured, then you may bring a property damage claim.

On the other hand, your daughter may have a claim based on your statement that she suffered a back injury and that you incurred a pile of medical bills. A claim may be raised for your daughter as long as her reasonable and necessary medical bills stemming from injuries received in this collision exceed $1000. Even though you did not have insurance, she also is covered by PIP insurance for up to $10,000 in medical bills.

Please contact my office for additional information.

Re: Should I sue and can I win?

The fact that you did not have insurance does not bar you from filing a law suit to recover damages.

In Kentucky, fault can be apportioned so if the other driver was 75% at fault, you are entitled to recover 75% of your damages from him or his insurance company.

Please feel free to call my office if you would like further assistance.