Key Points in this Article: 

• You cannot file multiple claims for the same accident with the same party.
• You can, however, file multiple claims in Kentucky if multiple parties are involved, based on the principle of joint and several liability, but only according to their degree of fault in the damages or injuries. This varies from state to state.
• You can also file claims against other responsible parties (companies, government agencies, product manufacturers, multiple drivers) if their negligence or defective products were a factor in the accident causing undue damages or injuries.
• If you were injured while actively on the job, you can also file a workers’ compensation claim, regardless of fault, in addition to other claims against the at fault parties. 

Can I File Two Claims for One Accident with Different Insurance?

While you cannot file multiple claims against the same party or provider, you can file multiple suits after an auto accident if multiple parties were at fault or if multiple insurance companies maintain coverage or may be responsible, and you suffered injuries or damages as a result. One term that explains this situation is joint and several liability. Joint and several liability is a legal concept that outlines the responsibility of each involved, at-fault party based on state law. 

With joint liability, every at-fault party is legally accountable for any recoverable damages. Several liability, on the other hand, explains that each at-fault party is only liable for paying a percentage of the damages, based on the degree to which they were at fault. Joint and several liability differs from state to state.

Kentucky is a pure comparative fault or pure several liability state or a several-only liability state. This means that each and every defendant is only responsible for a portion of the total damages, proportionally. In other words, they are only liable for a percentage of the total damages based on their level of negligence or fault in causing the accident. 

So, Can you file two separate claims for the same accident with different insurance? With several liability, you can file separate claims for the same accident to different parties, based on their degree of fault in the accident.

When Can You File Multiple Claims?

So, can you file two separate claims for the same accident with different insurance? While it’s considered fraud to file multiple claims for the same reason, there are absolutely some instances where you can file more than one claim for the same incident. All of these instances are valid reasons to file more than one claim—when more than one party is responsible for the incident or if multiple insurance companies are involved or provided comerage.

Multi-Car Accidents

A car accident that involves several motor vehicles is oftentimes the result of the negligence of multiple drivers, leading to a chain-reaction collision. For example, if Driver 1 is speeding behind Driver 2, and rear-ends Driver 2 because traffic stops suddenly and Driver 1 was moving at a high speed, Driver 1 would be at fault. But if Driver 2 then rear-ends another driver, Driver 3, because Driver 2 was following too closely, Drivers 1 and 2 are both at fault for damages to Driver 3. 

In this instance, Driver 3 could hold both Drivers 1 and 2 liable and could file claims with both Driver 1 and Driver 2’s insurance providers. 

Road Conditions

It is up to the federal, state, and local government agencies to maintain safe roads—so if you have sustained injuries or been in an accident that happened in part because of dangerous conditions on the road, the government agency responsible for maintaining safe road conditions may be liable. For example, if a driver was speeding, but then had to swerve to avoid certain road conditions and caused an accident, you may choose to file claims against both the speeding driver and the government agency.

Workers’ Compensation

Another instance under which you may choose to file multiple claims has to do with workers’ compensation. You might be eligible to file a workers’ compensation claim if you were injured while on the job or at work to cover your medical care and help supplement your earnings. Since workers’ compensation is no-fault insurance, you do not have to prove that your employer was liable to file this claim. 

Additionally, you can file both a workers’ compensation claim and a third-party claim against a negligent driver if you were on the road while working and were involved in a collision that was the result of a negligent driver. 

Third-Party Liability Claims for Product Liability

If you incurred injuries during your accident as the result of a defective or dangerous motor vehicle design, you may also be eligible to file a third-party claim for product liability.  

Some examples of these kinds of claims or lawsuits include:

• SUVs or ATVs (all-terrain vehicles) that have high instances of rolling over
• Cars sold with tires that have high instances of blowouts, seat-belt failure, etc.
• Motorcycles that tend to wobble when driven at high speeds

There are two different kinds of product liability claims:

1. Defective vehicles or vehicle parts: These claims involve motor vehicles (or parts of these vehicles) that were manufactured improperly or even issues that occurred during shipping, supply, or at the dealership.
2. Vehicles that have some kind of unreasonably dangerous design: While the parts for these motor vehicles were manufactured without error, there is something about the engineering or design that is unreasonably dangerous and can result in injury or other damages.

Contact Rhoads & Rhoads Law Firm

You cannot file multiple claims for the same accident with the same party.

You can, however, file multiple claims in Kentucky if multiple parties are involved, based on the principle of joint and several liability, but only according to their degree of fault in the damages or injuries. This varies from state to state.

In the state of Kentucky alone, there are around 700 traffic-related fatalities and thousands more injuries every year as a result of motor vehicle accidents. 

The Rhoads & Rhoads legal team is well-versed in the intricacies of Kentucky law. We know that the injuries and damages that can happen in a car accident cause worry enough—and can impact every part of your personal and professional life. We’ll sift through the details of which claims to file, the ins and outs of several liability, and the best ways to advocate for you during this difficult time. 

For over five decades, the Rhoads & Rhoads law office has supported injured parties following auto accidents and more. If you have been injured in a car accident, seek medical attention and file a police report immediately, then reach out to our team of trial attorneys to get the legal advice you need to take care of yourself and your loved ones and get the financial recovery you deserve. 

We work on a contingency fee basis, meaning no up-front payment is required from you. We take payment only if we win or settle your auto accident case, so there is NO RISK in speaking with us. Connect with us at 888-709-9329 to schedule an appointment now.