Kentucky is a “no-fault” state. But what does it mean to be a no-fault state? If you are in a car accident, the state laws will decide who was at fault. Before jumping to conclusions, this does not mean that the driver is not at fault. “No-fault” refers to the type of auto insurance system established in Kentucky called Personal Injury Protection (PIP).
Personal Injury Protection (PIP)
The no-fault insurance in Kentucky is called Personal Injury Protection or “PIP.” This insurance covers your damages including physical to your vehicle, medical expenses and lost wages. Typically, the basic coverage of PIP will pay for up to $10,00 for medical expenses, lost wages up to $200 per week, replacement services and survivor’s benefits if someone is injured in a motor accident. The Bryant Law Center recommends you purchase the highest coverage of PIP you can afford to ensure you are covered in the event of an accident. For more information about PIP visit our previous blog about PIP.
Settle a Claim
To settle a claim, the driver does not have to prove who was at fault as long as you have PIP insurance. No-fault insurance does limit what you can recover from the other driver’s insurance company.
If you were driving a vehicle you own and you do not have insurance, you will not have any PIP benefits. If you were a passenger in that vehicle and the driver does not have insurance, you can seek coverage from other vehicle policies.
No-Fault in Court
No-fault insurance protects those involved in the car accident from having a longterm and costly court battle to determine who was at fault. It limits the right to sue and be sued. This means that someone cannot sue you for an injury claim or lawsuit damages for pain, in addition to pain and suffering. There is an exception if medical expenses are greater than $1,000, cause a broken bone, or cause permanent injury or even death.
No-Fault Insurance for Motorcycles
PIP is optional for motorcycles. If a motorcyclist chooses not to purchase PIP coverage, he or she is at risk during the event of an accident. If an accident occurs, the motorcyclist will have limited rights to sue and be sued for damages unless a no-fault rejection form is filed.
Were you injured in an auto or motorcycle accident? Contact the Bryant Law Center at firstname.lastname@example.org for a free evaluation of your case.