Kentucky’s no-fault insurance law actually has nothing to do with fault. It is a law about how insurance benefits must be paid in the event of an automobile accident resulting in injury. [Note: No-fault does not apply to damage to your car, which is covered under the “collision”provision of your policy and/or the “property damage liability”provision of the at-fault vehicle’s policy.

Under this law, a person involved in an automobile accident must look to the insurance policy on the car in which they were occupying at the time of the accident to collect all amounts up to $10,000 in out-of-pocket losses. As a backup, anyone except the driver of an uninsured vehicle can fall back on his or her own insurance No-fault benefits are also known as Personal Injury Protection or PIP.

These out-of-pocket costs include medical bills, prescriptions, a limited benefit for lost wages, funeral bills up to $1000, and “survivor’s loss of services”. The wage loss benefit on most policies is capped at $200 per week. Added coverage (called “added PIP”) is available on request. Added PIP can also be “stacked,” creating more than the “basic coverage”of $10,000. Basic coverage up to $10,000 cannot be stacked.

If you are injured in an automobile accident you must first notify your own insurance company If you were not in your own car, then the insurance company covering the car you were in must be notified. If you were a pedestrian, then you must contact the insurance company for the vehicle that struck you. If the insurance company for the vehicle that struck you is unknown or if the vehicle that struck you is not insured, then you must contact your own insurance company.

Once the insurance company responsible for your PIP has been contacted, they will require you to complete a No-fault/PIP application. This application must be filled out, signed, and returned to the company in order to qualify for No-fault/PIP benefits.

Additionally, you will have to complete and sign authorizations for the insurance company to obtain your medical and payroll records. The insurance company will have to be provided copies of itemized medical bills, pay stubs, W-2 forms, doctors’ statements and statements from your employer. Once the insurance company has all the required information it is required to make payment within 30 days.

Many times you can collect these benefits from your own insurance company without an attorney Although the application form seems simple, there are some questions that can create problems if answered incorrectly. However, you also may need to proceed against an at-fault driver and their insurance company If that is the case, then it is strongly recommended that you hire an attorney. In all cases consultation with an attorney is recommended.

The insurance company cannot automatically require you to be examined; however, it can file a petition in court, for good cause, to require such an examination this is not a common occurrence.

In most cases you will not be required to make a statement, but some insurance companies may request it.

If you are not the driver, you can fall back on your own insurance policy or that of a family member in your household. If you don’t have Kentucky automobile insurance, there is an assigned claims plan which applies unless you simply disregarded your obligation to buy No-fault insurance, or let your policy lapse. An application would have to be submitted to Kentucky Assigned Claims. You may wish to have an attorney help you with this procedure.

Automobile policies automatically include no-fault insurance, but motorcycle policies do not No-fault can be requested on a motorcycle policy, which is quite expensive. When a motorcycle is not covered for no-fault benefits you may not be able to collect the first $10,000 of your out-of-pocket losses. However, you can still proceed against an at-fault driver if your case meets the criteria below, for pain and suffering damages as well as the amount of medical bills and wage loss over $10,000. You definitely should consult an attorney to determine how to proceed in these cases.

Many no-fault policies now contain a $500 or $1000 deductible. You cannot sue for this money. This means the first $500 or $1000 of medical bills or lost wages will come out of your own pocket. This is recommended only for those who can afford this amount of loss You would be able to collect the entire $10,000 if your out-of-pocket losses were $10,000 or more.

In Kentucky you can only proceed against at-fault drivers in certain cases. The requirement is that you have either $1000 in medical bills, a broken bone or a permanent injury. If the case is serious enough to meet one of these three criteria, then you have a right to bring a claim against the at-fault driver. You can seek recovery for pain and suffering damages and other types damages if those damages can be proven You will need a lawyer if you plan to take this step Even if you bring a lawsuit against the at-fault driver, you still have to collect the medical bills and lost wages up to the no-fault amount from your own insurance company. Bills and wages you could have collected through no-fault insurance cannot be collected through the lawsuit from the other party, even if you have not collected them In other words, the at-fault party is always immune for the first $10,000 of your out-of-pocket losses regardless of fault.

Under Kentucky law, the statute of limitations for filing a lawsuit against an at-fault driver is two (2) years from the date of the automobile accident or two (2) years from the date of the last No-fault/PIP payment, even if the last payment is well beyond two (2) years after the accident.

However, derivative claims such as the right of a spouse to sue for injury to that spouse’s husband or wife remains one year.

In all cases where a lawsuit is contemplated consultation with an attorney is recommended in order to determine such issues as the proper court and time limits. Many cases have unique issues and a full discussion of those issues with a lawyer can help you determine if and when this type of legal action should be taken.