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What do I do if the at-fault insurance denies my claim?

On Behalf of | Mar 8, 2024 | Personal Injury |

Being involved in a car accident is never part of a good day, but the unfortunate reality is that it is normally the beginning of an ongoing saga. And, if you find yourself in the unfortunate situation where the at-fault insurance claim gets denied after a car accident in Kentucky, it is essential to know your options and take the right steps to protect your rights.

Kentucky’s no-fault system

In Kentucky, the no-fault insurance system means each party involved in an accident turns to their own insurance provider initially, regardless of fault. Understanding this system is crucial for navigating the claims process effectively. This means that, even if the other driver was at fault, your insurance company is the initial place where you file.

However, if your damages are more than your insurance coverage, or your injuries were severe, you can file against the at-fault driver’s insurance carrier. In addition, if you file the appropriate form, you can opt out of this no-fault system.

Remain calm and gather evidence

If your claim is denied by the at-fault insurance carrier, keep calm and consider appealing directly to the insurance company. This is usually done with additional evidence supporting your claim. If necessary, you can also file a complaint with the Kentucky Department of Insurance.

Seek immediate medical attention

Prompt medical evaluation is crucial for both your health and your claim. Even in a no-fault system, delaying or refusing medical treatment can give the insurer reasons to deny your claim.

Understand comparative fault

Moreover, Kentucky follows a comparative fault system too. This means that even if you share some blame for the accident, you may still be entitled to compensation. Though, your amount of compensation is lessened by your amount of fault. This means that if you were 10% at fault, you are only entitled to 90% compensation from the other insurance company.


Remember, you have rights, and with the right information and legal support, you can navigate the aftermath of a car accident effectively. Stay informed and persist in pursuing the compensation you rightfully deserve.