Kentucky is a “no-fault” state, meaning there are state law mandated limitations on an individual’s right to sue and be sued if they suffer injuries from a Louisville car accident or injury in a motor vehicle in Kentucky. What is no fault insurance in Kentucky, and what do I need to know if I’m injured in an accident in Kentucky?
Kentucky law requires a basic level of Personal Injury Protection or “PIP” coverage on all motor vehicles with the exception of motorcycles. This basic level of PIP coverage is paid by the insurance company of the vehicle a person is riding in when they are injured in a car, truck or other motor vehicle accident, or if that vehicle strikes a pedestrian. It doesn’t matter who was at fault.
The basic PIP no fault insurance in Kentucky provides up to $10,000 per person per accident to cover your medical bills, lost wages from missing work while you recover and other qualifying expenses you may incur. You may purchase a higher amount of coverage from your insurance company, and we highly recommend this.
It is important to understand all people who “register, operate, maintain or use a motor vehicle in Kentucky are deemed to have accepted limitations on their rights to sue and be sued.” What does No Fault insurance in Kentucky mean? Are you saying I can’t recover the costs of my injuries and expenses from the person responsible from the accident? Not at all.
You are able to pursue the responsible party if your medical expenses exceed $1,000 or if you suffer a broken bone, permanent disfigurement, permanent injury or lose a family member in a fatal accident (known as a “wrongful death” in Kentucky). These thresholds are quickly exceeded in most injury accidents in Louisville and throughout Kentucky.
You may opt-out of these limitations by rejecting the limitations on your “tort rights.” If you reject the limitations you are required to provide basic PIP benefits to passengers and pedestrians under your own insurance policy.
No-fault insurance in Kentucky may seem to limit your ability to financially recover for your medical bills, lost wages and other valid expenses as a result of being injured. Most injury victims have several layers of insurance, and our experienced attorneys work to ensure that settlements with medical providers and other expenses are structured in a manner that preserves your maximum ability to financial recovery. These issues are too complex to attempt to handle on your own.
If you have been injured in an accident we invite you to contact the experienced injury attorneys at Hargadon, Lenihan & Herrington, PLLC for a free consultation at (502) 583-9701. Our telephones are answered 24/7 and help is just a phone call away. Ask about our decades of experience, our successful trial verdicts and the importance of working with an attorney with trial experience. Why settle for less when you can have the best?