Can You Sue the Other Driver if You Have No-Fault Insurance in Kentucky?
Kentucky is one of the many states that uses a no-fault insurance system for car accidents. Under this system, your insurance company compensates you when you get into a car accident, irrespective of who was at fault. If you are involved in a car accident, your no-fault insurance, also known as Personal Injury Protection (PIP), should cover medical expenses, lost wages, and other out-of-pocket costs related to your accident. But can you sue the other driver if you have no-fault insurance? This is a common question we get from clients and potential clients. So, can you? Simply put, yes, under specific conditions. Read on to learn how no-fault insurance works in Kentucky and when you can deviate from the no-fault system and sue the other driver.
Understanding How No-Fault Insurance Works in Kentucky
While Kentucky uses a no-fault insurance system for car accidents, it is not a pure no-fault state. Kentucky is a “choice” no-fault state. Only two other states in the country use this system: New Jersey and Pennsylvania. In Kentucky, drivers can choose between a no-fault insurance policy and a traditional at-fault policy. If a driver does not make a choice, Kentucky defaults to no-fault.
If you have no-fault insurance, also called Personal Injury Protection (PIP), your insurance company is supposed to pay you up to $10,000, which covers medical expenses, lost wages, and other accident-related costs. Even if you caused the accident, you are entitled to PIP benefits.
Can You Sue the Other Driver if You Have No-Fault Insurance?
Generally, if you have no-fault insurance, you are barred from suing the other driver after a car accident. However, like with many other rules, there is an exception. You can file a personal injury claim against the at-fault driver if your injuries are considered severe.
In Kentucky, the law has a specific definition for what qualifies as a serious injury. Under KRS 304.39-060(2)(b), for you to step out of the no-fault system and file a personal injury claim, your accident must have resulted in;
- Broken bones, or
- Permanent disfigurement, or
- Permanent injury, or
- Death
According to the law, medical expenses exceeding $1,000 can also indicate a serious injury.
If your injury qualifies as a serious injury and the other driver is to blame for the accident, you can file a lawsuit to recover damages that are not covered by PIP, such as pain and suffering and emotional distress.
What if You Are Partially To Blame for the Accident?
Kentucky follows the pure comparative fault rule. Under this law, you can seek compensation, regardless of your share of blame for the accident. Even if you are more than 50% to blame for the accident, you can still recover compensation. However, your compensation will be reduced. If, for instance, you were 50% to blame for your accident, your compensation will be reduced by half. In such a case, if your damages total $100,000, you will recover $50,000.
Contact a London and Southeast Kentucky Auto Accident Attorney
Whether you are pursuing a no-fault or fault-based claim, working with an attorney is in your best interest. Our skilled London and Southeast Kentucky auto accident lawyers at Cessna & George Law Firm can provide the professional legal help you need. Contact us today to schedule a consultation.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=30030
