Kentucky Auto Accident Attorneys

1. What is No-Fault (PIP)?

No fault insurance, sometimes called PIP (personal injury protection), is insurance coverage for certain damages suffered by persons injured in motor vehicle accidents without regard to whose negligence caused the accident. Any person who is injured in a motor vehicle accident in Kentucky has a right to PIP unless the person has made a written rejection of the right to PIP, or who is the owner of a motor vehicle and does not have the insurance coverage on the vehicle as required by law. PIP may pay for lost earnings up to $200 a week, and medical expenses, usually up to a maximum of $10,000.00. PIP coverage is insurance you or the owner of the car in which you were a passenger bought and paid for, and is payable regardless of fault (hence “no-fault”).

2. Who is going to replace my paycheck?

PIP will pay for lost earnings up to $200 a week. In the event you have a claim against the at-fault driver who caused your injury, you have a claim for all of your lost wages not paid by PIP.

3. What if the other driver has no insurance? Or not enough?

All automobile insurance policies in Kentucky must have what is called Uninsured Motorist coverage, which pays for losses caused by a driver who does not have insurance to cover his negligence while driving his vehicle. This insurance provides a way to recover from your own insurance company when the other driver has no insurance at all.

Some policies have what is called Underinsured Motorist coverage. This is additional insurance bought and paid for by the car owner. If you own a car and buy it, it may apply even though you are not in your car when the wreck happens. Underinsured motorist insurance provides a way to recover from your own insurance company or the company which insures the car you were riding in when the negligent driver does not have enough insurance to pay you for all of your damages and losses.

Sometimes insurance policies are written in a way that permit these coverages to be added together, or “stacked.” An attorney can review your policy and tell you whether these coverages can be “stacked.” If they can, the coverages will provide a way to receive additional recovery if the losses justify it.

There are time limits for resenting claims for PIP. An attorney can advise you about these limits, and how to make a claim. Coy, Gilbert & Gilbert, and many other attorneys, do not charge for assisting you to recover PIP benefits unless suit has to be filed against your insurance company.

4. What is my claim worth?

There are three primary types of losses which can be recovered due to a car wreck: Past and future medical expenses; past and future lost earnings; and past and future pain and suffering, or reduction in the quality of life. The value of a claim for injuries and damages due to a car wreck depends on many things, including type and severity of injury, age, earnings and potential earnings, amount of medical expenses, amount of disability, degree of fault of the negligent driver, whether you will get better or whether your medical condition is permanent, and the like. No one can truthfully tell you what your claim is worth until all of the elements of the claim are assessed.

5. How long will it take to settle my claim?

No one can tell you for certain how long it will take. In order to insure that your claim is based on appropriate facts and law, an attorney must consider many factors, including trying to come up with an assessment of the value of the claim. While most claims are settled without trial, sometimes it is necessary to file suit and go to trial in order to obtain a fair result. Under no circumstances should you consider settling your claim until the doctors can say whether your condition is permanent and how severe it is.

Many claims can be assessed and resolved in a year or less. Others will take much longer. You should be concerned with obtaining a settlement which fairly and completely compensates you for your injuries and damages, regardless of how long it takes.

6. What kind of insurance is required for motor vehicles in Kentucky?

Several kinds of insurance coverage are required. All motor vehicles in Kentucky are required by law to have at least $25,000 to cover each person injured by a negligent driver, and $50,000 per accident, and $10,000 for property damages; or $60,000 for all types of damages in each accident. Additionally, each motor vehicle must have PIP coverage for its occupants.

Trucks and other commercial vehicles are required to have more liability coverage for persons injured by a negligent driver.

7. Can I direct the payment of PIP where I want it to?

Yes. Kentucky law permits you to direct the insurance company to pay your benefits among the different elements of loss. This means you can direct the insurance company to pay you for your wage loss before paying medical expenses, or to pay certain medical expenses to the exclusion of others.

8. Is there a minimum of damages I must have in order to make a claim against the at-fault driver?

Yes. In order to have a claim against an at-fault driver, you must meet certain thresholds: (1) Medical expenses in excess of $1,000; (2) a fracture; (3) permanent disfigurement; (4) loss of body member; (5) permanent injury; (6) permanent loss of body function; or (7) death. If none of these conditions apply, you may not sue an at-fault driver for your injuries suffered in an auto accident.

9. Do I have to pay back my health insurance company for medical expenses they paid for?

Most health insurance policies have language providing that you will reimburse the health insurance company for medical expenses they paid due to the fault of another person from any recovery you get from an at-fault person. There is a complex set of rules governing such claims for reimbursement. Your lawyer can advise you whether the insurance company has any claim to a part or your recovery, and how to protect your rights in such event.

10. What if I am injured by an out-of-state driver?

All states require drivers to have liability insurance, but the minimum limit required is often low. You have the same protection against uninsured or underinsured out-of-state drivers as you do against a Kentucky driver. In addition, an out-of-state driver who operates a motor vehicle in Kentucky is subject to the jurisdiction of Kentucky courts in the event of an accident in Kentucky. There are practical and legal matters to consider in recovering from out-of-state drivers that require a skilled attorney to navigate.

11. Is there some type of auto insurance that it is very important to have and I should ask my agent about?

You should ask about and insist that your policy include Underinsured Motorist (UIM) coverage. This coverage is not expensive, and will cover you if you or you family members are injured by an at-fault driver who does not have enough insurance. Many injuries suffered in car wrecks result in substantial damages- medical expenses alone can easily exceed $100,000. Since Kentucky only requires drivers to have $25,000 in coverage, inexpensive UIM coverage is imperative.

Be sure to check your policy to see that you have UIM coverage. It is also important to insure that the insurance company has not included a hit and run exclusion; be sure to ask your agent.