Is Kentucky a No-Fault State for Accidents?
Kentucky is a no-fault state for car insurance liability, but individuals can opt out of no-fault rules in certain circumstances. However, this does not necessarily mean that someone who causes an accident and resulting injuries will escape all liability. Those confused about Kentucky’s no-fault car insurance laws are not alone.
Injured parties in Kentucky car accidents may wonder, Is Kentucky a no-fault state, and how does this affect a potential personal injury case? Those with injuries from a Kentucky car accident should speak with a car accident attorney about their options and how to recover their losses.
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What Is the Difference Between Fault States and No-Fault States?
Is Kentucky a no-fault state? To explain, those injured in car accidents must first understand the difference between no-fault and fault car insurance schemes.
States have either a fault or no-fault insurance system for car accident insurance claims. The difference between the two boils down to which insurance company a person files a car accident claim when they suffer injuries in a crash.
In a no-fault state, an injured party files a car accident claim with their own insurance company to cover the costs of their injuries and repairs, regardless of who caused the accident.
In no-fault states like Kentucky, drivers must purchase personal injury protection (PIP) coverage to pay their medical bills in the event of an accident.
The lowest level of required coverage for personal injury protection in Kentucky provides up to $10,000 per person per accident for medical expenses, lost wages, and other out-of-pocket costs. Drivers can purchase more PIP coverage if they wish.
In fault states, someone is assigned responsibility for causing the accident. Then, the injured party files their accident claim with the at-fault party’s insurance provider.
Or, in some cases, they file the accident claim with their insurance provider, and the insurance providers fight over which party was at fault for the accident.
Kentucky Personal Injury Laws
As stated earlier, Kentucky is a no-fault state that requires drivers to carry PIP insurance in the event of a crash.
Additionally, under the Kentucky no-fault law, drivers waive their right to sue the at-fault driver unless the accident meets specific criteria. An injured party can sue the at-fault party under the no-fault scheme if they experience one or more of the following:
- $1,000 or more in medical expenses
- A broken bone
- Permanent disfigurement
- Permanent injury
Aside from the above circumstances, most injured parties must go through their insurance companies for their damages.
Drivers can opt out of the no-fault law and limitations. They must first submit an opt-out form to the Kentucky Department of Insurance.
Those who opt out of the no-fault insurance scheme can file a claim against the at-fault party even if they do not meet the above criteria. Kentucky requires drivers who opt out of the no-fault system must maintain the following insurance coverage:
- Bodily injury liability coverage of $25,000 per person and $50,000 per accident
- Property damage liability coverage of $10,000 per accident
There are pros and cons to opting out of Kentucky’s no-fault scheme. Flint Cooper has a wealth of experience representing clients under fault and no-fault insurance schemes.
Contact Flint Cooper to discuss your options if you’ve been in an accident in Kentucky.
Evidence that Helps Determine Fault in a Car Accident
Those whose losses exceed the thresholds outlined by statute or who’ve opted out of the no-fault system must determine who’s at fault for the accident. An attorney can help investigate the accident. They can also help assess fault by gathering evidence like:
- Accident reports
- Eyewitness testimony
- Surveillance footage
- Admissions from the opposing party
Fault determinations hinge on detailed case-specific information. Fortunately, Flint Cooper can gather and review the evidence in your case to help you fight for your right to compensation for your losses. Contact Flint Cooper today for help.
Contact Flint Cooper Today
Kentucky is generally a no-fault state. However, it doesn’t take much for a car accident to cause injuries that exceed the damages covered by the no-fault insurance system.
In these cases, a lawsuit may be an injured person’s only option to get total compensation for their injuries. If you suffer injuries in a car accident in Kentucky, you do not need to navigate these issues alone.
Flint Cooper can help you with your Kentucky car accident claim. The attorneys at Flint Cooper have recovered over $7 million for clients injured in car accidents. Flint Cooper is committed to holding careless drivers responsible for their actions.
Contact Flint Cooper today to schedule an appointment.
About the author:
Greg is a personal injury attorney at Flint Cooper, a law firm specializing in complex litigation. Greg specializes in wrongful death, semi-truck accidents, automobile collisions, maritime claims, and many other areas of personal injury. He has extensive experience litigating claims in state and federal courts, as well as administrative agencies.