How Kentucky’s “No-Fault” Insurance Affects Your Right to Sue

After a car accident in Louisville, you may assume you can immediately sue the at-fault driver. The reality is more complicated. Kentucky is a no-fault state, which means that unless certain conditions are met, you must first rely on your personal insurance to cover medical bills and lost wages. Our car accident attorneys at Wilt Injury Lawyers in Louisville, KY, can help you understand how to utilize the no-fault system and hold the other driver liable for your crash-related losses.

How Exactly Does Personal Insurance Protection (PIP) Work?

Most drivers are automatically enrolled in the state’s no-fault system. This system requires you to turn first to the Personal Injury Protection (PIP) coverage on your own insurance policy after a crash. PIP typically pays up to $10,000 for medical expenses, lost earnings, and certain replacement services, regardless of who is at fault for the accident. However, while it helps with immediate bills, it rarely covers the full cost of a serious injury and does not compensate for your pain and suffering.

You can pursue a claim against the at-fault driver if:

• Medical expenses exceed $1,000
• A victim suffered permanent injury, permanent disfigurement, fracture of a weight-bearing bone, compound fracture, any permanent loss of a bodily function, or death

For instance, if you break your leg in a crash and your medical bills total $15,000, you can step outside the no-fault system and bring a claim against the negligent driver. On the other hand, if you sprain your wrist and rack up only $800 in medical costs, PIP coverage will pay your medical expenses, but you may not be able to pursue a claim against the at-fault driver.

The law gives drivers the option to reject no-fault coverage when they purchase their policy. Those who opt out retain their right to sue for any injury. However, there may be legal consequences for opting out of the state’s no-fault system.

The No-Fault System and How a Louisville Car Accident Attorney Can Help

The thresholds sound straightforward. In practice, however, they leave room for disputes. Insurers will attempt to minimize your injuries, even when you’re dealing with long-term pain.

With a seasoned Louisville car accident lawyer working on your case, they can ensure that no-fault rules don’t become a trap that keeps you from being fully compensated by:

• Reviewing your medical records and consulting medical experts to show that your injuries meet the serious injury threshold
• Challenging insurance company tactics that minimize or mislabel your injuries
• Pursuing claims for pain and suffering, which PIP does not cover
• Handling negotiations with insurers and, if needed, fighting for you in court

Without proper legal representation, it’s easy to walk away with only $10,000 from PIP for medical expenses, far short of what you need after a life-changing crash.

Seek Legal Guidance from Our Louisville Car Accident Lawyers Now

Kentucky’s no-fault system can make recovering compensation after a crash confusing and frustrating. You may think you’re not being compensated. Our Louisville car accident attorneys at Wilt Injury Lawyers can help. Call 502-427-6813 or contact us online to schedule your free case assessment.