“No-fault” refers to a type of auto insurance that covers accidents. Recovering enough compensation to pay for the damages incurred in a serious wreck can sometimes be difficult. Our experienced accident lawyers help you understand your rights under Kentucky law and work to maximize your recovery. At Walker Wallace PLC, we focus only on personal injury cases, which involve all types of motor vehicle accidents, including trucking collisions and motorcycle wrecks.
Explaining the types of no-fault benefits available to motor vehicle accident victims
No-fault benefits are also known as basic reparation benefits. Your insurance company pays benefits to you for certain types of expenses in the event you are injured in motor vehicle accidents. These benefits include:
- Medical expenses – This covers reasonable charges for medical treatment from any healthcare provider licensed in Kentucky.
- Work loss – This pays for the loss of income from work you would have performed had you not been injured. Payment is based on 80 percent of your gross income up to a maximum of $200 per week.
- Replacement service loss – This pays expenses reasonably incurred in procuring routine and necessary services you cannot perform due to the accident.
- Survivor’s economic loss – This provides for compensation equal to a decedent’s economic value after a death in a motor vehicle accident.
- Survivor’s replacement service loss – This pays for expenses reasonably incurred by survivors of a decedent in a motor vehicle accident in obtaining ordinary and necessary services the decedent would have performed.
The standard amount of Basic Reparation Benefits available in Kentucky insurance policies is $10,000.
Insurance coverage requirements under Kentucky no-fault accidents law
Kentucky drivers have a choice. They can reject the no-fault system option and retain their right to sue for auto accident injuries or they can buy a no-fault auto insurance policy. For no-fault insurance, the liability coverage minimum is $25,000/$50,000 in bodily injury coverage and $10,000 in property damage. Of course, you can also choose policies that offer greater coverage.
The injury threshold in Kentucky
When injury costs exceed a monetary threshold of $1,000, you can sue the at-fault party for damages. Under the Kentucky Insurance Code, other factors that exceed the threshold and allow a party to sue another party include when the injury or disease resulting from the accident consists in whole or in part of the following:
- Permanent disfigurement
- Bone fracture
- Compound, comminuted (more than one bone fragment), displaced or compressed fracture
- Loss of body part
- Permanent injury within reasonable medical probability
- Permanent loss of body function
With the high costs of medical care, the vast majority of accident victims with injuries easily exceed this threshold.
You may have a right to recover damages, even you were partly at fault
Kentucky law bases the recovery of damages on pure comparative negligence law. Negligence is the failure to exercise care that results in causing an injury. Along with the other driver’s negligence, perhaps you contributed some negligence in causing the accident. What happens then? Pure comparative negligence law allows you to recover compensation for damages, even if you were 99 percent at fault for causing your own accident. The court reduces your recovery based on your percentage of fault. Of course, at 99 percent it is generally not viable to pursue a lawsuit. However, if you exceed the injury threshold and the other party was at fault, you do have the right to sue.
Get seasoned legal help with your no-fault accident case in Kentucky
When you suffer a serious injury in an auto collision, discussing the best way to handle your case with a professional personal injury lawyer can be helpful. Our attorneys at Walker Wallace PLC are highly skilled and experienced in litigating no-fault benefits cases. We understand no-fault accident case law and manage the process to get you the benefits you deserve. Located conveniently in Louisville’s South End, our office is open Monday through Friday from 9:00 a.m. until 5:00 p.m. Evening and weekend appointments are available by appointment. Contact us online or call us at 502-937-1125 today for a free initial consultation.