Bench & Bar July/August 2025

FEATURE: COCKTAIL LAW VOL. II

notice may void or reduce coverage if the failure to provide prompt notice is prejudi cial to the insurer. 5 Providing prompt notice to the insurer also facilitates the collection and preservation of evidence. Individuals may or may not choose to pursue an insur ance claim, but it is important to provide information about the accident, any inju ries or damages, and any photographs or videos you took at the accident scene. The insurance company will begin its investi gation of the claim and will likely contact the other party and/or that party’s insurer to begin the process of determining who is responsible for paying a claim. WHAT ARE THE CHANCES THAT A LAWSUIT WILL BE FILED? Whether a lawsuit results from the accident depends on many factors. Often, the insur ance companies of the parties involved in the accident will work to resolve the claim before litigation is needed. However, it is best to assume that a lawsuit will be filed

Exchanging insurance information with the other person involved in an accident will expedite investigation and resolution of any claims. DO NOT ADMIT FAULT. Express concern for others, but do not apol ogize or admit fault. Kentucky has adopted a pure comparative fault approach to tort actions. 4 That means that a plaintiff can recover even if he or she bears some fault for the accident, but the amount he or she can recover will be reduced by the amount of fault allocated to him or her. Not admit ting fault or apologizing helps preserve those rights and avoids adverse admissions. Even if a driver believes he or she may have some responsibility for the accident, it is possible the other driver also contributed to the accident, for example, by driving while distracted or impaired, speeding, or by not properly maintaining his or her vehicle. The other driver’s comparative fault may reduce a party’s liability or improve his or her chances of recovery. These issues and

options may not be apparent until after fur ther investigation is completed. GO SEE A DOCTOR. If an individual is experiencing any pain or issues after an accident, he or she should go see a doctor. Tissue, tendon, neck, back, and joint injuries often do not manifest until a day or more after an accident. An injured party should report to a physician or an emergency room promptly. If there is delay seeing a physician, the other party may allege the individual was not really injured in the accident. An injured party will also need to provide medical records to pursue an insurance claim or seek damages in a lawsuit. CONTACT YOUR INSURANCE COMPANY. As soon after the accident as practicable, a driver should contact his or her insurance company to report the accident. Most insur ance policies require prompt notice of an accident or claim. Failing to provide prompt

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