Careless drivers can put you at risk no matter where you travel in Kentucky. You may be on a backroad, an interstate, or a city street in Lexington or Louisville when one driver’s mistake leaves you and your passengers with injuries.
Your first concern will be with the preservation of life. Then your focus can turn to completing a recovery and hopefully returning to the life you enjoyed before the accident. Along with those worries, you’ll also be questioning who will be paying for the expensive medical care required to get you back on your feet.
Kentucky “No-Fault” Insurance Requirements For Drivers
When sorting out how much liability that at-fault driver in your accident will bear, it’s important to know about insurance requirements in Kentucky.
Kentucky is a “choice no-fault” state when it comes to coverage. This means fault doesn’t always matter in car accidents. Where injuries are concerned, drivers first file an accident claim with their personal car insurance provider. Their car insurers pay for medical care up to a certain point no matter if they were to blame for an accident or not.
Motorists in Kentucky are allowed to go through official channels to opt-out of the “no-fault” system and instead depend on traditional auto liability insurance. However, most drivers purchase the minimum “no-fault” coverage required to drive in Kentucky. If you didn’t sign up for additional coverage when you purchased your insurance you likely carry the following policy protection:
- $25,000 bodily injury per person per accident
- $50,000 bodily injury for all persons per accident
- $10,000 property damage liability
- $10,000 personal injury protection (PIP)
Personal Injury Protection (PIP) In Kentucky Accidents
Drivers who have chosen no-fault insurance are covered by “personal injury protection” (PIP). This coverage comes from your own insurance policy and pays up to $10,000 for medical bills, lost wages, and other expenses resulting from an injury.
PIP coverage also extends to anyone in the car with you at the time of an accident and potentially to any pedestrian you hit.
This coverage is included in every no-fault insurance policy unless car owners reject its protection in writing. PIP governs what happens to accident victims after a crash unless the injury requires hospital care costing above a certain amount or the severity of the injury reaches a certain level.
When You Can File a Lawsuit Under Kentucky’s No-Fault Insurance
Carrying “no-fault” insurance doesn’t prohibit you from filing a claim or suing an at-fault driver’s insurance company for more compensation, but an accident must meet certain thresholds.
If an accident results in $1,000 or more in medical bills, a claim can be filed to seek further compensation above what your own PIP coverage would provide. The filing of a lawsuit is also permitted if your accident leads to a permanent injury or disfigurement or the permanent loss of a body function. A fracture of a weight-bearing bone can also earn you permission to sue.
It’s important to point out that no-fault insurance doesn’t affect the claims process when concerning property damage. At-fault drivers and their insurance providers are still responsible for paying for the repair or replacement of your vehicle.
Protection from Insurance Adjusters After an Accident
Seeking help for you and your loved ones after an accident can be a complex process. You may be filing a claim against multiple insurance companies, including your own. This will leave you vulnerable to the tactics insurance adjusters are trained to use when dealing with injured victims.
They can delay responding to your insurance claim simply to let your frustration grow with each new hospital bill you receive. Insurance companies can then send over a “lowball offer” for what you’ve been through and hope that you’re desperate enough to accept it. You can hurt your claim when you assume your own insurance provider won’t try these tricks on you to save the company money.
Insurance adjusters will also call you and ask for a recorded statement about your injuries and how an accident happened. Decline to make this statement. These answers can be twisted and used to question your claim later. It’s better to let a skilled personal injury lawyer guide you through the injury claims process and handle all communications with less than trustworthy insurance representatives.
Contact A Kentucky Car Accident Lawyer
If you or a loved one are the victims of an accident on a Kentucky road, don’t hesitate to contact a legal expert to be informed of your rights and your options.
You have nothing to lose by talking over your case in a free case consultation session with the attorneys at Kaufman & Stigger, PLLC. We listen to you and help you map out your best path to earning the most compensation to help you recover physically, emotionally, and financially.