After a car accident in Kentucky, you may feel confused about what happens next. The state’s no-fault insurance system is a common source of questions for accident victims. While this process helps to streamline claims, it can be inadequate at times for receiving a just outcome.
The Kentucky no-fault law is designed to give you quick access to benefits, but it also limits your right to sue the at-fault driver unless your injuries meet a specific threshold.
What is PIP?
Kentucky law requires your own auto insurance policy to include personal injury protection (PIP) coverage, which is your no-fault coverage. With this system, your insurance company pays for your initial injury-related expenses after a car accident, regardless of who was at fault.
The purpose of this system is to provide fast access to medical care and reduce the number of lawsuits for minor accidents. No–fault insurance typically pays for:
- Medical bills: Hospital visits, doctor appointments, prescription medications and other related medical costs
- Lost wages: You can receive up to $200 per week if your injuries prevent you from working
- Replacement services: Expenses for services such as housekeeping or child care that you are unable to perform yourself after the accident
- Survivor’s benefits: In fatal accidents, this benefit can provide financial support to the deceased person’s family
This coverage applies to you, your passengers and even pedestrians injured by your vehicle. Your own insurance policy pays for these costs, up to your policy’s limits.
The tort threshold: Can you sue the at-fault driver?
A common question for people injured in a car crash is whether they can take legal action against the person who caused the accident. While your no-fault coverage pays for initial expenses, you can sue the at-fault driver for additional damages if your injuries meet Kentucky’s “tort threshold.”
However, your injuries must be severe enough to step outside the no-fault system. If you meet any of the following conditions, you can file a lawsuit for all your damages, including pain and suffering.
- $1,000 or more in medical expenses
- Broken bones
- Permanent disfigurement
- Permanent injury or death
If your injuries meet one of these thresholds, you are no longer limited to the benefits provided by your PIP coverage. You can then pursue a claim against the at-fault driver for all your damages, including pain and suffering and future medical costs.
A skilled lawyer is a vital ally
Kentucky’s no-fault system can be confusing. You need to understand how PIP coverage works and whether your injuries meet the threshold for tort liability. The help of an experienced Kentucky car accident lawyer can be invaluable.
A skilled attorney helps ensure you understand how the law applies to your case, works to prove your injuries meet the necessary threshold and handles all communications with the insurance companies. They will fight to get you the full compensation you deserve for your injuries and losses.