Understanding Kentucky "No-Fault" Insurance Coverage

March 17, 2009
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Many people have heard of "no-fault" insurance coverage, but find the term confusing. A car accident is almost always somebody's fault. In Kentucky "no-fault" is just a term for a type of auto insurance coverage, also called PIP (Personal Injury Protection) or BRB (Basic Reparation Benefits) that pays for medical bills, wage loss and certain other expenses, immediately after an accident.  Every car or truck insurance policy issued in Kentucky has to include no-fault coverage unless formal steps are taken to waive it, which rarely happens (no-fault is not required coverage for motorcycles).  It is referred to as "no-fault" because, generally speaking, you will get no-fault benefits from the car or truck in which you are a driver or passenger when an accident happens, regardless of who is at fault.  You can even get no-fault benefits in a single vehicle collision that is your own fault.

Of course, if you are hurt in an accident that is not your fault you can still have a claim against the person who caused the wreck (a liability claim). Standard no-fault benefits only cover the first $10,000 of your medical bills and wage loss.  If you have more than $10,000 in medical expenses or lost wages, those damages (losses) are part of your liability claim along with other damages not covered by PIP, such as pain and suffering, future medical expenses, and future impairment of your ability to work.

I always advise my clients that we don't want to present a liability claim for settlement until we know the full extent of their injury and can show all of the expenses and suffering that have been caused.   Whenever possible we wait until a client is at maximum medical improvement (MMI) before pushing for a settlement or presenting the case for trial.  This makes no-fault coverage all the more important because it provides some payments along the way, before the liability claim is resolved.

As you are seeking medical treatment, you can have medical bills submitted directly to your no-fault carrier.  If you are missing work due to your injury the standard no-fault policy will pay up to $200 a week for wages.  You have the right to designate whether you want to reserve your benefits to pay wage loss or have them applied to medical expenses.  

While it is the general rule that no-fault coverage comes from the vehicle you are in when the accident happens, there are other policies that might provide this coverage to you if you are hit as a pedestrian or injured while in an uninsured car or truck. Do not assume that there are no benefits available until you have spoken with a lawyer.