Kentucky is one of twelve U.S. states to operate under a “no-fault” law when it comes to car insurance. What does this mean for you if you’ve been injured in a motor vehicle crash? Our Louisville car accident lawyers explain.
How Does the No-fault Law Work?
If you get into a car accident in most states, you can file a claim against the at-fault driver’s insurance company to receive compensation for your vehicle repairs, medical bills, lost wages, and any other damages you’ve suffered. In Kentucky, however, no fault is assumed, so you file a claim against your own insurance company instead.
To cover injuries and damages sustained in a car accident, all motorists are required to have personal injury protection (PIP) coverage under their insurance policy. PIP pays up to $10,000 to cover your medical bills, lost wages, and any other out of pocket expenses relating to your injuries.
Kentucky also requires motorists to maintain minimum "liability" car insurance coverage, which applies when you are the one at fault for a car accident.
The minimum liability coverage requirements in Kentucky are:
- $25,000 for injuries per person
- $50,000 total for all injuries
- $10,000 for property damage
Though your own PIP coverage should be more than adequate if you were involved in a minor accident, crashes involving severe injuries or death are generally far more costly than the minimum PIP requirement provides for. In such cases, simply filing a claim with your insurance provider will not be enough.
Fortunately, there is a way you can file a lawsuit against the at-fault driver.
Diving Deeper With “Choice No-fault”
Matters become slightly more complicated when you factor in “choice no-fault.” Kentucky is one of only three states in the U.S. to operate under this system, which stipulates that even though the “no-fault” rule goes into effect automatically after an accident, you can choose to opt out.
If you choose to opt out of the no-fault rule, you will be allowed to sue the other driver for damages. However, this also means that you can be sued in turn as well.
Even if you are not to blame for your car accident in the slightest, the at-fault driver’s insurance company will build a case against you in an attempt to reward you with as little as possible—if not nothing. If you do choose to file a personal injury claim against a driver, make sure you have thoroughly thought through the decision—and that you have a trustworthy and experienced lawyer on your side.
At Walker Wallace PLC, our car accident lawyers have been fighting to receive just compensation for Louisville accident victims for more than 20 years. Contact us today to schedule your free consultation.