Kentucky Car Accidents and Insurance Coverage
A car accident can change you life dramatically. Serious, catastrophic injuries or even death are possible outcomes of a car accident. While most accidents are not catastrophic, accidents occur frequently on Kentucky roads.
When and if you or a loved one are involved in a car accident, it is imperative to know what insurance coverage you have available to you. Also, before an accident happens, you and your family need to know what insurance is available to them.
Kentucky is a “choice no-fault” insurance state. If you have limited tort coverage, then you are not eligible for compensation for pain and suffering. However, if you have full tort coverage, then you are eligible for compensation for pain and suffering.
In a no-fault insurance state, drivers involved in accidents turn to their own car insurance policy for compensation for medical bills and other losses from an accident, no matter who was at fault. There is typically no liability claim against the at-fault driver unless there is an exemption from the no-fault system.
No-fault in Kentucky is referred to as “personal injury protection” (PIP) that pays for medical bills (up to $10,000), lost wages and similar out of pocket costs. If you have been in an accident, it is not just the insurance policyholder who is entitled to PIP benefits. Anyone driving or riding in a vehicle involved in an accident it entitled to PIP benefits under the policy.
Drivers can opt out of the no-fault system when they buy car insurance. Opting out means the driver keeps the right to file a liability claim or lawsuit against the at-fault driver. However, if a driver opts out, they leave themselves wide open to the risk of a lawsuit if they are the at-fault driver in an accident. Remember that if you do opt-out you are not entitled to mandatory first-party PIP benefits from your insurer. When and if you decide to opt-out of no-fault, you need to do that in writing and file a special form with the Department of Insurance.
Generally, choosing to opt-out puts you, as a driver in Kentucky, at risk and although that is your personal choice, as attorneys our advice would be to seriously consider opting in for full tort coverage. That way, if you get into a bad wreck, you have coverage.
At Hessig & Pohl, we have handled hundreds of car accidents. If you or someone you love has been involved in a car accident and want to discuss filing a personal injury or wrongful death lawsuit, Hessig & Pohl are here for you. We do not quit until we get justice and you get the compensation you need and deserve.