Can I Get an Insurance Payout for a Single-Vehicle Accident?

Written by Cooper & Friedman PLLC on October 7, 2024

Kentucky is a no-fault state, which means that regardless of who is at fault in a car accident involving two or more drivers, each drivers’ insurance will pay for their own injuries and property damage that result from the accident. However, there are stipulations to this. Victims of a car accident can sue the at-fault person for property damage or if their bills, lost wages, and other expenses cost more than the $10,000 insurance cap. However, that is assuming that the accident involves more than one driver or vehicle. What about single-vehicle accidents?

What is a Single-Vehicle Accident?

A car accident can either be a single-vehicle accident or a multi-vehicle accident. Single-vehicle accidents involve only one car, and can result from a variety of different situations, like:

Distracted driving
Driving while under the influence of substances
Road conditions in inclement weather
Wildlife collisions
Mechanical malfunctions
Road debris, potholes, or other infrastructure hazards
Speeding or other traffic violations

In all these situations, personal injuries or damage to your property can result without the wreck involving another car. However, if your accident causes injury or damage to bystanders, pedestrians, bicyclists, buildings, parked cars, or other property, it is not considered a single-vehicle accident. A multi-vehicle accident can also occur if your actions cause another car to crash. Even if you never make contact with them, your actions are responsible for the other vehicle’s crash.

Do Insurance Companies Take Fault into Consideration for Single-Vehicle Accidents?

Single-vehicle accidents are not always your fault. So, while you can take measures to prevent accidents, there are times when things are simply out of your control. This is the reason that Kentucky requires its drivers to have personal injury protection (PIP) insurance. Regardless of whether you are at fault for your single-vehicle accident, your insurance will pay for your injuries if you meet the claim requirements, which are:

The expenses meet your plan’s deductible (if you have one)
The expenses remain under the $10,000 minimum cap
The driver’s vehicle is properly insured
The driver must have valid PIP coverage
The claim is filed within 2 years to be on the safe side of consideration

In short, no. Insurance companies will not take fault into consideration if you meet the requirement. However, this does not mean that they will not put you at fault, regardless of the situation, and raise your insurance rate.

What If My Expenses Exceed the $10,000 Cap?

Automatically assigning you fault in a single-vehicle accident is a big barrier in cases where medical expenses and lost wages exceed the $10,000 cap. If the accident truly was your fault – i.e. you were driving while on your phone, ignoring construction signs, or disobeying traffic laws – then you will likely have to pay out of pocket for those bills. However, if the circumstances are outside of your control, like if a living animal jumps in front of your car, you have an unavoidable mechanical failure, or experience a damaging extreme weather event, then you may have grounds for additional compensation.

Since these accidents involve a “3rd party,” regardless of whether that party was an animal, your engine, or a flash flood, then the fault cannot be assigned completely to you. But, who pays the price? Obviously, you can’t sue a deer or a storm. However, in situations like a faulty car, a poor job by a mechanic or car company could be proven. Whether or not you can pursue litigation is very dependent on the events that cause a wreck. Otherwise, the kind of car insurance that you have will be important. Full-coverage car insurance includes collision protection, which is what will qualify you for extra payouts in the event of a single-vehicle accident.

What Should I Do If I Have a Single-Vehicle Accident?

In order to get the settlement you deserve, there are several things that you can do following a single-vehicle accident.

Contact the police. If there are serious injuries, let them know if emergency services are necessary. Otherwise, a police report is a great record to have when presenting your case to your insurance company.
Take pictures and record videos. Have photo evidence of all injuries and damage to property, as well as any other evidence. This includes animals, road conditions, weather conditions, car parts, and any other cause of a wreck.
Write down or record on your phone an account of what happened. Outside of the police report, it is important to have access to an account of the events that you record at the time of the accident or soon after. Adrenaline and time will affect your memory, so it will be easiest to remember things such as personal injuries, factors that led to the accident, damages to vehicles, and other details as soon as you can.
Gather witness testimonies. If there is anyone else around who witnesses your accident, get their testimony of what they saw. The more eyes you have to corroborate your story, the more effective it will be.
Contact a Car Accident lawyer. Even if the accident was your fault, it will still be easiest to navigate your single-vehicle accident with an experienced consultant. And, if you are not responsible for the accident, then many insurance companies will try to get away with offering as little money as possible. A car accident attorney can help you get the insurance payout that you deserve.

Contact Cooper and Friedman, Car Wreck Lawyers in Louisville, KY

If you or someone you love has been injured in a car accident in the State of Kentucky and are in need of an experienced motor vehicle collision lawyer, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of car wreck victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.