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Sam Aguiar Injury LawyersSam Aguiar Injury Lawyers
(866) 290-9388



 Know Your Rights


A collision can upend your life in seconds—physically, emotionally, and financially.


Kentucky’s unique “choice no‑fault” system, comparative‑fault rules, and tight filing deadlines make it critical for crash victims to understand their legal rights from day one.




1. Your Immediate Rights at the Scene


































RightWhat It MeansPractical Tip
Right to SafetyYou may move vehicles out of traffic if it can be done safely.Pull to the shoulder, activate flashers, and set out flares/triangles if available.
Right to Police AssistanceKentucky law (KRS 189.580) requires reporting crashes involving injury, death, or $500+ in damage.Call 911 and wait for an officer to arrive unless you need emergency care.
Right to Exchange InformationYou are entitled to the other driver’s insurance and contact details.Use your phone camera to snap licenses, plates, and proof‑of‑insurance cards.
Right to DocumentYou can photograph the crash scene, vehicles, and injuries.Capture road conditions, skid marks, traffic signs, and visible injuries.


 






2. Kentucky’s Insurance Framework


Personal Injury Protection (PIP)


Baseline Coverage: Unless you formally rejected no‑fault, every policy includes at least $10,000 in PIP benefits for medical bills, lost wages (up to $200/week), and replacement‑services costs.


Right to Prompt Payment: Insurers must pay PIP claims within 30 days of receiving reasonable proof. Delays or denials can trigger interest and attorney’s fee awards.


Stepping Outside No‑Fault


You retain the right to sue the at‑fault driver when any of these thresholds are met:


Medical expenses exceed $1,000;


Permanent disfigurement, fracture, or loss of bodily function;


Permanent injury or death.


Once outside no‑fault, you may recover the FULL spectrum of economic and non‑economic damages without the PIP limits.




3. Fault and Comparative Negligence


Kentucky follows pure comparative fault (KRS 411.182), meaning any recovery is reduced only by your percentage of fault.


Even if you were 99 % responsible, you can seek damages for the 1 % attributable to another party.




4. Parties Who May Owe You Compensation


Negligent Drivers – for speeding, distraction, DUI, etc.


Employers / Trucking Companies – for negligent hiring, hours‑of‑service violations.


Vehicle or Part Manufacturers – for defective brakes, airbags, or tires.


Governmental Entities – for dangerous road design or unrepaired hazards (with special notice deadlines).


Bars & Restaurants (Dram‑Shop) – if they overserved an already‑intoxicated driver.




5. Damages You Are Entitled to Pursue

























CategoryExamples
EconomicMedical bills (past & future), lost wages, diminished earning capacity, property damage, PIP reimbursement.
Non‑EconomicPain and suffering, mental anguish, loss of enjoyment of life, scarring.
PunitiveAvailable when the defendant’s conduct shows flagrant indifference, typical in DUI or reckless racing cases.


 






6. Protecting Your Claim


Seek Medical Care Promptly – Gaps give insurers ammunition to downplay injuries.


Avoid Recorded Statements – You can decline insurer interviews until you consult counsel.


Preserve Evidence – Keep damaged parts, black‑box data, and all receipts.


Mind the Clock—In Kentucky, the statute of limitations for personal injury is two years from the date of the crash or the last PIP payment (whichever is later), but property‑damage claims must be filed within two years of the crash date.






7. How an Attorney Enhances Your Rights


Investigation & Expert Analysis – Accident reconstruction, ECM downloads, roadway‑design reviews.


Full Damage Valuation – Calculating future medical needs using CPT codes and authoritative fee schedules.


Insurance Negotiation – Countering lowball offers with documented evidence.


Trial Advocacy – Presenting your story to a jury when insurers won’t negotiate fairly.


No Win No Fee – You owe nothing unless a recovery is made.




8. Frequently Asked Questions





























QuestionShort Answer
Do I have to use my own health insurance?No, PIP pays first. After PIP is exhausted, health insurance can be billed, often reducing your out‑of‑pocket expenses.
Can I choose where to repair my car?Yes. Kentucky law prohibits insurers from steering you to specific shops.
What if the at‑fault driver is uninsured?You may access your Uninsured Motorist (UM) coverage for bodily injuries and Collision for property damage.
Will making a PIP claim raise my premiums?Insurers cannot lawfully surcharge you for using no‑fault benefits when the crash wasn’t your fault.


 






9. Next Steps After a Kentucky Crash


Get the Police Report – Essential for claims.


Notify Your Insurer – Preserve coverage but keep details minimal.


Consult a Lawyer Early – Evidence fades; legal advice is free.




Contact Sam Aguiar Injury Lawyers


You deserve to focus on healing while we protect your rights.


Our Louisville‑based team has recovered hundreds of millions for Kentuckians injured by negligence statewide—from Paducah to Pikeville.


Free Consultation │ No Fee Unless We Win


Call 502‑888‑8888


Offices in Louisville and Lexington 



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Spazz L.
Wow !!! What can I say amazing group of people especially ms Chy , very warm kind hearted and straight to the point , call just to check in with me , did everything she said she was going to do and more , thank You guys for everything and love , peace and blessings to the Sam Aguiar Family 💜💜💜💜💜💜💜💜💜💜 - Malik Tate
Natalie S.
Communication is excellent! Very friendly and helpful with my case!
Yumi L.
Very prompt and caring! Supportive through whole process! I would recommend them over and over again!
Michelle P.
It has been great working with Payton my attorney through Sam Aguiar and also Chy as she is also very helpful. He has been very through and kept me informed all along through this process. I highly recommend them if you are ever in need of an injury attorney.
Robin O.
I was treated with exceptional care from day one. I’d highly recommend them to anyone who needs help. You’ve went above and beyond to make sure my experience was taken seriously from beginning to end. I’d highly recommend anyone to Sam Aguilar Attorney for their advice and guidance. Hands down 100% satisfied.
Carlos M.
Absolutamente asombrosa,no hay duda alguna exelente atencion en todo momento profesionalidad al 100% de verdad muy muy contento con el trabajo y su capacidad,a la señorita angelica mis felicitaciones a sido d lo mejor complaciendo con todas las dudas y aclaraciones mejor imposible,gracias de verdad por su increible labor atencion a todo momento y profesionalidad,altamente recomendados.
Jon L.
Awesome !!! I recommend them
Quintin B.
It was great due to the constant support
M X.
They are a very good team to work with. Very patient and understanding,as well. Appreciate everything they've done!
Brayden T.
These guys helped me out with my case very fast and did a great job after it being dropped by Morgan and Morgan I went to these guys and I should’ve went here to begin with I recommend them to anyone needing help! Best in the game for sure!

LOUISVILLE

1900 Plantside Dr.
Louisville, KY 40299

(502) 888-8888

LEXINGTON

620 West Main St.
Lexington, KY 40508

(859) 888-8000

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  • About
    • Our Commitments to You
    • Reviews
    • Results
    • Co-Counsel Opportunities
    • Sam Cares
    • Privacy Policy
  • Meet Your Team
  • Cases We Handle
  • Blog
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