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What does no-fault mean for your personal injury claim?

On Behalf of | Apr 15, 2020 | Personal Injury

When you suffer an injury due to someone else’s negligence, it is natural to want to hold that person responsible. Generally, the law sides with you on this and allows you to sue the other person. The exception in Kentucky is when it comes to auto accidents because it is a no-fault state. 

As a condition of the no-fault laws, the Kentucky Department of Insurance explains that when you register or operate a motor vehicle in the state, you accept the limitations on your rights to make a claim against someone else for damages from a car accident. It is essential to understand your rights and limitations under this law so that you know what to expect should you be in an accident. 

The limitations 

The law limits any claims you can make in court to those exceeding $1,000 for medical expenses or injuries. You cannot sue for other expenses, such as pain and suffering or lost wages under this law. You must carry personal injury protection coverage on your own insurance policy to cover such expenses. Your PIP coverage should be up to $10,000. 

Right to refuse 

Do note that you can refuse the limitations of the no-fault law. You must complete a specific form and file it with the Department of Insurance. Keep in mind that if you reject the no-fault limitations, it also means that others can sue you without regard to the no-fault law. For example, if you cause an accident that injuries another person, that person can then take you to court for all his or her expenses related to the accident.