Navigate No-Fault Insurance Issues With Louisville Car Accident Attorney Seth Gladstein
When buying car insurance in Kentucky, choosing between non-fault insurance coverage and full tort insurance coverage is an important, and sometimes complicated, decision. It is imperative that you fully understand both options before making your choice, and it is equally important to understand your current coverage in the event of an accident that results in property damage and injury.
If you have been involved in a Kentucky car accident and are having difficulty understanding your insurance coverage or your right to file a lawsuit, you may wish to speak with a Louisville car accident attorney. Contact Seth Gladstein today to talk to an experienced lawyer about your case – and to find out if you deserve compensation.
What Is No-Fault Insurance?
Put very simply, no-fault insurance is a type of car insurance that covers certain types of damages in the event of a car accident, no matter the cause of the crash. In other words, your no-fault insurance may cover many aspects of your accident, whether you ran a stop light and struck another vehicle, or whether someone else ran a stop light and struck your vehicle.
Also known as Personal Injury Protection (PIP) benefits, no-fault insurance is required in Kentucky unless a driver opts out of the coverage by completing a form, according to the 1975 Motor Vehicle Reparations Act. PIP coverage is optional for motorcycles. Although higher benefits and deductibles are available to drivers, only basic coverage is required, which covers the first $10,000 of damages, including:
- Medical expenses
- Lost wages
- Out-of-pocket costs
No-fault PIP insurance coverage does not cover property damage, such as damage to your car or personal items that occurred at the time of the accident. No-fault insurance also does not cover damages related to pain and suffering.
Note that there are a number of different names for no-fault insurance. In addition to Personal Injury Protection (PIP) benefits, you may hear no-fault insurance referred to as BRB or basic reparation benefits. The Motor Vehicle Reparations Act of Kentucky (MVRA) refers to no-fault insurance as “basic reparation benefits.” However, insurance policies for automobile liability will refer to benefits of “personal injury protection.” The Kentucky Department of Insurance usually refers to this type of insurance coverage as “no-fault” benefits.
Car Accident Tort Limitations in Kentucky
The law that outlines Kentucky’s no-fault insurance coverage also requires particular thresholds, in order to file for a claim due to personal injury from an automobile accident. Specifically, someone must meet the following requirements before filing a claim of personal injury against a driver who was negligent:
- Fractures of bones
- Loss of limb
- Physical disfigurement
- Physical injury that is permanent
- Medical expenses exceeding $1,000
An experienced Kentucky personal injury attorney can help you determine if your car accident damages meet this threshold.
Rejecting PIP Benefits in Kentucky
Many people don’t know that you can reject the no-fault insurance requirement in Kentucky simply by filing a form for $5 with the Kentucky Department of Insurance. This will result in the inability to receive PIP benefits from your personal auto liability insurance company in the wake of a motor vehicle accident. Additionally, you will need to prove fault in any car accident, in order to collect compensation for your personal injuries.
The main benefit to rejecting PIP benefits is that you can file a lawsuit against a driver who was negligent and who caused an automobile accident, without reaching any threshold. However, you should understand that your insurance premium may be higher because, in the case of a car accident and injury, the other involved parties also have a right to sue you, if they believe you were at-fault for the crash.
Generally, no-fault auto insurance is designed to limit the number of small personal injury torts following a car accident, and to hasten the timeline between accident and compensation. While it unusual for someone to waive his or her rights to PIP/no-fault benefits, some people do choose this option.
Gladstein Law Firm: Dedicated to Helping Kentucky Car Accident Victims
Seth Gladstein fully understands Kentucky car accident laws, including no-fault car insurance laws. He and his legal team can help you or your loved ones who have been injured in a car accident with speed, thoroughness, and care. With a deep dedication to helping people get fair compensation for their injuries, Seth will take the time to help you through this difficult period, and even take your case to court, if necessary.
To request a confidential, complimentary consultation with Seth Gladstein, please call our offices at (502) 855-4177 or toll-free at (800) 991-0474. In addition, feel free to fill out the contact form on our website. Find out more about your car accident case – and your best options for legal action – today.
*Each case is different and the past record is no assurance that we will be successful in reaching a favorable result in any future case. Client pays costs only upon recovery.