Most people know that they can seek compensation from the responsible party after a car accident. However, this is usually the process in at-fault states. For no-fault states, victims often struggle to recover full compensation for their injuries.
But is Kentucky a no-fault state? Or is Kentucky an at-fault state?
Answer: it’s neither. Kentucky is a choice no-fault state, which means it has some of the features of both systems. While you can get compensation after an accident, many considerations and legal hurdles can complicate the process.
The Law Office of Pamela C. Bratcher has decades of experience navigating Kentucky personal injury and insurance laws. Contact our firm to discuss your case and see if you qualify for compensation.
The Difference Between No-Fault vs. At-Fault States
In at-fault states, the party responsible for causing a car accident covers the victim’s damages and medical expenses. The at-fault party’s insurance carrier will handle the claim, providing payment to the injured party. Usually, attorneys determine fault and resolve the case through negotiating a settlement with the insurer. If the parties cannot reach a settlement agreement, your attorney will take the case to trial.
In no-fault states, each driver’s insurance company covers their insured’s medical expenses and damages. Each party gets payment for their losses from their own insurer, regardless of who caused the accident. This system aims to streamline the claims process and provide quicker compensation for injured parties. However, it also comes with limitations since it can prevent an injured party from seeking sufficient compensation for their losses.
Is Kentucky a No-Fault State?
Kentucky operates under a “choice no-fault” car insurance system, offering drivers a unique approach to accident claims. It follows a similar model to other no-fault states but gives additional rights to accident victims if their insurance does not cover all their damages.
By default, the state provides Personal Injury Protection (PIP) coverage, which covers drivers after an accident. If a driver opts for this PIP coverage, they can get quick payment after an accident, similar to other no-fault states. Kentucky requires all drivers to have at least $10,000 of PIP coverage, but you can buy additional coverage.
However, a driver can opt out of PIP coverage. This allows the driver to file a personal injury claim against the driver, as in at-fault states. By doing so, the victim might recover much more compensation than they would with basic PIP coverage. However, you will lose many of the protections PIP provides if you reject this coverage.
Can I Still File a Claim If I Have No-Fault Coverage?
Even if you accept no-fault coverage, you may have the right to file a claim against the at-fault driver. The Kentucky no-fault law provides several exceptions to the PIP limitations. You may have a valid claim if your case involves any of the following:
- One thousand dollars or more in medical bills;
- Permanent disfigurement;
- Fracture of a weight-bearing bone;
- Compound, compressed, or displaced fracture of any bone;
- Any permanent injury; or
- Any permanent loss of body function.
Moreover, the Kentucky PIP statute doesn’t apply to property damages. You might need to file a lawsuit or insurance claim to recover compensation if your vehicle needs repair or replacement.
Speak with a Kentucky Personal Injury Lawyer
So, is Kentucky a no-fault state for car accidents? Not necessarily. Whether the court will treat your claim as at-fault or no-fault depends on whether you rejected PIP coverage.
Kentucky’s choice no-fault car insurance system can be confusing, especially after an accident. Fortunately, you don’t have to go through this process alone. The Law Office of Pamela C. Bratcher has over 30 years of experience helping victims get compensation for their injuries. Our dedication and client-focused approach have led to many successful outcomes, and you can trust our firm to fight for you.
Call today to schedule a free consultation.