Kentucky is a “no fault” state. Many people injured in accidents have been mistakenly told that if “no fault” is determined, then they don’t have an injury claim. This is not the case. In Kentucky fault is based on percentages. Each party is entitled to recover their damages for the other person’s fault up to 100%. For instance, if I am 35% at fault for causing an accident, I am still entitled to recover 65% of my total damages.
So what is meant by “no fault”? In Kentucky, injured persons give up the right to sue the other person for their first $10,000.00 in economic damages, in exchange for receiving $10,000.00 in insurance benefits (PIP benefits). The term “no fault” means “no fault” is considered in the award of these benefits. Even if a person is 100% responsible for a car accident, they are still entitled to PIP benefits if they were injured in a car accident and have insurance coverage.
The belief is that if an injured person’s medical expenses and lost wages (up to $10,000) are paid, they won’t be forced to file a lawsuit to recover those damages from the other person. This is supposed to lead to less fights over “fault” and actually result in the prompt payment of these damages.
Unfortunately, Kentucky’s “no fault” procedure is a statutory scheme that can be quite complicated. Avoid basing decisions regarding your potential claim on the statements of police officers, medical personnel, insurance adjusters, relatives or friends. You may need the services of a licensed attorney if there is an issue regarding fault for your accident or if your PIP benefits or bodily injury claim has been reduced or denied due to “fault”.
