Your KY & TN Car Accident Attorneys

What to Do After a Car Accident?

If you or someone else have been injured in a car accident and are in need of emergency assistance, the first thing to immediately do is call 911 and seek help. Only once it is safe to do so, document the scene of the accident with as many pictures and videos as needed to document the extent of the damage, injuries, and evidence of what caused the accident. Once the police have arrived, communicate to them the full extent of what you witnessed in order to ensure their accident report is complete and accurate. If you have suffered any injuries, you should visit an emergency room or other medical provider as soon as possible. While undergoing treatment, ensure that your medical providers know that your injuries were the result of a car accident. Next, whenever you are safely and comfortably able to do so, you should contact our office at 606-528-1000 to begin the process of pursuing your personal injury claim.

Here are the key steps to follow:

1. Call 911 for emergency assistance.

2. Document the scene of the accident and any injuries with pictures and videos.

3. Communicate with police to aid them in accurately and completely writing their accident report.

4. Seek medical treatment for any injuries.

5. Contact Freeman Childers for legal counsel at 606-528-1000.

How Much Does it Cost to Bring a Car Accident Claim?

At the car wreck law firm of Freeman Childers, you will never pay anything out of pocket to pursue your car accident claim. You only pay if you win, and even then, that payment comes out of a portion of your successful settlement or verdict. Your success is our success, and because of that, we take each and every claim seriously to maximize the recovery for our clients. At Freeman Childers we pride ourselves on our diligence, thoroughness, and professionalism. When you meet with us for your free initial consultation, we will expertly review your personal account of the car, truck, or motorcycle wreck and determine the next steps to take. Our goal as plaintiffs’ attorneys is to go into every settlement negotiation and courtroom battle knowing more than the insurance company’s attorneys. This practice has resulted in a proven track record of winning large settlements and jury awards for our clients.

What Types of Damages You Can Recover in a Car Accident?

If you qualify to bring a car accident claim, you may be able to recover economic damages—including medical costs, lost income, and any reduction in your future earning ability. You may also be entitled to non-economic damages, which compensate for the less tangible effects of a crash, such as pain and suffering, emotional trauma, or loss of companionship. In addition, Kentucky and Tennessee law allow recovery for the loss of use of your vehicle following an accident.

If your accident took place in Kentucky, which follows a pure comparative fault rule, you can still recover compensation even if you were partially to blame for the crash. Your award is simply reduced in proportion to your share of fault. For example, if your total damages amount to $200,000 but you are found 99% responsible, you could still recover $2,000 for the 1% of fault attributed to the other driver.

What is PIP Coverage in Kentucky and How Does it Work?

Because Kentucky follows a “no-fault” insurance system, if your accident took place there, most car wreck victims must first turn to their own personal injury protection (PIP) coverage for help. PIP is designed to cover medical costs, lost income, and certain household or replacement services after a collision—no matter who caused the crash.

That said, PIP benefits are limited. In serious accidents—especially large truck collisions or wrecks resulting in catastrophic injuries—your losses may far exceed what PIP will pay. Victims facing long-term medical care or permanent disabilities often need additional financial recovery. In those situations, our Kentucky car accident attorneys can step in to help you pursue fair compensation, whether through the insurance company or by filing a lawsuit against the negligent driver.

Under Kentucky law, you can only file a car accident lawsuit if at least one of the following conditions applies:

• Your medical expenses exceed $1,000

• You suffered a bone fracture

• You experienced permanent disfigurement or a serious, lasting injury

What is the Car Insurance Law in Kentucky and Tennessee?

In both Kentucky and Tennessee, every vehicle owner is legally required to maintain active car insurance coverage. This mandate is strictly enforced—drivers who fail to carry insurance risk having their vehicle registration revoked and may face additional penalties. The state treats insurance compliance as a serious public safety matter.

All vehicle owners in Kentucky and Tennessee must maintain at least the following minimum liability coverage:

• $25,000 for bodily injury or death of one person in a single accident

• $50,000 for bodily injury or death of all persons involved in one accident

• $25,000 for property damage in any one accident

In Kentucky as an alternative, drivers may instead carry a single combined policy providing at least $60,000 in total coverage for all damages—both bodily injury and property damage—arising from a single crash.

Failure to meet these insurance requirements can lead to serious consequences, including cancellation of registration, fines, and even time in jail.

What are Bad Faith Insurance Practices in Kentucky and Tennessee?

Insurance companies are profit-driven businesses, and delays or denials of valid claims are not uncommon. While they focus on protecting their bottom line, accident victims can be left struggling with significant financial stress.

To help prevent these unfair outcomes, Kentucky and Tennessee law provides strong protections for policyholders. State courts recognize an implied duty of good faith and fair dealing in every insurance contract. Additionally, both Kentucky and Tennessee law outlines a series of unlawful insurance practices, including:

• Misrepresenting key facts or policy terms

• Failing to respond promptly to claims

• Refusing to settle in good faith when liability is clear

• Unreasonably delaying investigations or payments

If your insurer has mishandled your claim after a motor vehicle accident, you may have grounds to file a bad-faith insurance claim for their failure to act honestly and fairly in settling your case.

What is Kentucky No-Fault Car Insurance?

In most car accident cases, recovering compensation depends on proving who was at fault. The driver determined to be responsible is generally required to cover the losses of the other parties involved. Unfortunately, establishing fault can be a slow and complicated process, especially when insurance companies work to limit their financial exposure. While this back-and-forth unfolds, injured victims are often left waiting—sometimes without the funds they need for medical bills or repairs.

To prevent these kinds of delays, several states—including Kentucky—have implemented no-fault insurance laws. Under this system, often called Personal Injury Protection (PIP), drivers can receive compensation for their medical expenses and related losses without first proving who caused the crash. The goal is to streamline the claims process and reduce overall costs associated with car accidents.

Kentucky law also sets a monetary threshold to help control costs. An injured person must typically incur at least $1,000 in medical expenses before filing a lawsuit against an at-fault driver.

However, there are important exceptions. Victims who experience any of the following injuries may pursue a claim against the responsible driver without meeting the $1,000 threshold:

• Bone fracture

• Permanent disfigurement

• Loss of a limb or body part

• Permanent injury to a reasonable medical probability

• Permanent loss of bodily function

• Death

Even though no-fault insurance is meant to simplify the process, disputes can still arise. Insurance companies may challenge your claim, arguing that your medical bills are excessive, unnecessary, or unrelated to the crash. When that happens, it’s important to have an experienced Kentucky car accident attorney on your side—someone who can protect your rights and ensure you receive the full compensation you’re entitled to.

How to Opt Out of No-Fault Insurance in Kentucky?

While Kentucky follows a no-fault insurance system, drivers have the option to opt out—making it a “choice no-fault” state.

Under Kentucky law, every insurance provider must notify policyholders of their right to reject the no-fault limitations on their ability to file a lawsuit. Drivers who choose to reject those limitations retain the full right to pursue all damages, including non-economic losses such as pain and suffering, regardless of whether their medical expenses exceed the standard $1,000 threshold.

However, opting out also comes with added exposure: by waiving the no-fault protections, a driver likewise opens themselves up to being sued for damages following an accident.

What are Common Causes of Kentucky and Tennessee Car Wrecks?

Identifying the cause of your crash is the first and most important step toward securing the compensation you’re entitled to. Some of the most common causes of car wrecks in the Kentucky and Tennessee include:

• Distracted driving

• Driving under the influence of alcohol or drugs

• Excessive speed

• Reckless or aggressive driving

• Hazardous weather conditions

• Running red lights or ignoring traffic signals

No matter what led to your collision, our Kentucky and Tennessee car accident attorneys are ready to investigate the circumstances, determine liability, and fight to recover the compensation you need for your medical bills, lost income, and other losses.

What is the Statute of Limitations for a Car Accident in Kentucky?

A statute of limitations is a legal deadline that sets how long you have to file a lawsuit. If you miss that window, the court will likely dismiss your case as time-barred, meaning you lose the right to pursue compensation—no matter how strong your claim may be.

Under Kentucky law, car accident victims have two years to settle their claim or file a lawsuit. The clock starts running either on the date of the accident or on the date of your last no-fault (PIP) insurance payment—whichever occurs later.

Knowing and acting within this time frame is crucial to protecting your rights and ensuring your claim can be heard.

What is the Statute of Limitations for a Car Accident in Tennessee?

Just like in Kentucky, the statute of limitations to bring a car accident claim is the legal deadline within which you must to file a lawsuit or else your claim will be barred. If the statute of limitations deadline is missed, a court will likely dismiss your case as time-barred, which eliminates your right to pursue your claim.

Under Tennessee law, car wreck victims have one year to settle their claim or file a lawsuit. The clock starts running either on the date of the accident.

Knowing and acting within this time frame is crucial to protecting your rights and ensuring your claim can be heard.

What if a Defective Part Caused Your Car Accident?

Not every car accident is caused by driver error. Sometimes, crashes occur because of defective vehicles or faulty auto parts. There are several common safety-related defects that can lead to serious accidents:

• Steering system failures that cause a sudden or total loss of control

• Faulty fuel system components that may leak and spark vehicle fires

• Accelerator pedals that stick or break

• Cracked or broken wheels that lead to loss of control

• Malfunctioning vehicle components that break apart while driving

• Airbags that deploy unexpectedly or fail to deploy when needed

• Defective child safety seats

In cases like these, the at-fault party may not be another driver but rather the manufacturer of the defective part or vehicle. Injured victims may have grounds to bring a product liability claim against the company responsible for producing the defective component that caused the crash.

Under Kentucky and Tennessee law, a manufacturer can be held liable for injury, death, or property damage resulting from the use of their product in its original, unaltered condition. However, a claim may fail if the injured party did not properly maintain the vehicle or if the accident was caused by unauthorized alterations or modifications to the product.

That said, when a failure results from normal wear and tear or a defect that existed at the time of sale, the injured person may still have a valid legal claim. Similarly, a product liability case may not succeed if the manufacturer can show that the victim’s failure to use the product with ordinary care was a substantial factor in causing the accident. Even if a defect exists, a claimant’s negligent use or maintenance can prevent recovery.