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AUTO ACCIDENTS: KENTUCKY "NO-FAULT" INSURANCE What is Kentucky's no-fault insurance law? Kentucky's no-fault insurance law actually has nothing to do with fault. It is actually a law about how insurance benefits have to be paid in the event of an automobile accident. Under this law, a person involved an automobile accident normally must collect up to $10,000 in out-of-pocket losses from the policy covering the car they were in at the time of the accident. As a backup, anyone except the driver of an uninsured vehicle can fall back on his or her own insurance. These out-of-pocket costs include Medical bills, prescriptions, a limited benefit for lost wages, funeral bills up to $1000, and "survivors loss of services". The wage loss benefit on most policies is capped at $200 per week. Added coverage is available on request. Added coverage policies can also be "stacked". Basic coverage up to $10,000 cannot be stacked. How can I collect no-fault benefits? If you are injured in an automobile accident you must first notify your own insurance company, and if you were not in your own car, the insurance company covering the car you were in. if you were a pedestrian you must contact your own insurance and, if possible, the insurance on the vehicle that struck you. These companies will then require you to fill out an application for no-fault or personal injury protection (PIP) benefits. This application must be filled out, signed, and returned to the company in order to qualify for these benefits. Additionally, you will have to fill out and sign authorizations for the insurance company to obtain medical and payroll records. The insurance company will have to be provided copies of itemized Medical bills, pay stubs, W-2 forms, doctors statements and statements from the employer. Once the insurance company has all the required information it is required to make payment within 30 days. Do I need an attorney to collect these benefits? Many times you can collect these benefits from your own insurance company without an attorney. However, if you also may need to proceed against a negligent driver and his insurance company, you should have an attorney. In all cases consultation with an attorney is recommended. Will I be required to take a medical examination? The insurance company cannot automatically require you to be examined, however, it can file a petition in court, for good cause, to require such an examination. Will I be required to make a statement? In most cases you will not be required to make a statement, however, some insurance companies may request it. What if I'm in a car that doesn't have insurance? If you are not the driver, you can fall back on your own insurance. If you don't have Kentucky automobile insurance, there is an assigned claims plan. An application would have to be submitted to Kentucky Assigned Claims. You may wish to have an attorney help you with this procedure. What about motorcycles? Automobile policies automatically include no-fault insurance. Motorcycles do not; however, it can be requested in a motorcycle policy. When a motorcycle is not covered for no-fault benefits you may not be able to collect this part of your damages. However, you can still sue if your case meets the criteria below, for pain and suffering and damages over $10,000 in Medical bills and wage loss. You definitely should consult an attorney to determine how to proceed in these cases. What about deductibles? Many no-fault policies now contain a $1000 deductible. You cannot sue for this money. This means the first $1000 of Medical bills or lost wages will come out of your own pocket. This is recommended only for those who can afford this amount of loss. How does this affect my right to sue? In Kentucky you can only sue negligent drivers in certain cases. The requirement is that you have either $1000 in Medical bills or a broken bone or a permanent injury. If the case is serious enough to meet one of these three criteria you have a right to sue the negligent party in court. You can also collect pain and suffering and other damages if your case is serious enough to meet one of the three criteria allowing you to sue. You will need a lawyer if you plan to take this step. Even if you sue, you still have to collect the Medical bills and lost wages up to the no-fault amount from your own insurance company. Bills and wages you could have collected through the no-fault insurance cannot be collected through the lawsuit from the other party. Do I have to pay back my insurance company? Kentucky no-fault insurance provides for your insurance company to be paid back directly from the other party’s insurance. Usually, this is something you don't have to worry about. However, in dealing with any of these issues, it pays to have the advice of counsel. What about time limits? No-fault benefits may be collected within two years of the date incurred for accidents in Kentucky. In addition, collecting no-fault benefits extends the time to sue a negligent party, in most cases, until two years after the last no-fault payment. However, derivative claims such as the right of a spouse to sue for injury to that person's husband or wife remains one year. In all cases where a lawsuit is contemplated consultation with an attorney will be necessary in order to determine such issues as the proper court and time limits. Many cases have unique issues and a full discussion of those issues with a lawyer can help you determine if and when this type of legal action should be taken. THIS ARTICLE IS INTENDED TO DISCUSS GENERAL LEGAL PRINCIPLES. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR SPECIFIC LEGAL ADVISE FROM AN EXPERIENCED ATTORNEY AS TO YOUR PARTICULAR SITUATION AND NEEDS.
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