If you are sitting at a red light and are rear ended, I’m pretty sure you are going to have an opinion of who is at fault in that accident! It’s pretty cut and dried – not much room for interpretation. But did you know that if you are injured in this accident, the first $10,000 of your injuries will be paid through an insurance claim with YOUR insurance company. Why is that?
Kentucky’s “no-fault” law, officially known as the Motor Vehicle Reparations Act (MVRA), is a type of car insurance system that requires drivers to carry personal injury protection (PIP) coverage. This coverage provides benefits regardless of who caused the accident, which means that each driver’s insurance company pays for their own medical expenses and lost wages resulting from the accident, up to the limits of their PIP coverage.
Under the no-fault system, drivers can only sue the other driver for damages that exceed their PIP coverage, such as pain and suffering, permanent injury, or disfigurement. In order to pursue these types of damages, the injured party must meet certain legal thresholds, such as having medical expenses that exceed a certain amount or having suffered a serious injury. As you can see, it has nothing to do with damage to your car.
Overall, the no-fault system is designed to streamline the claims process and reduce the number of lawsuits resulting from car accidents. However, it can also limit the ability of injured parties to recover full compensation for their damages, particularly if their injuries are not severe enough to meet the legal thresholds required for a lawsuit.
As the owner of an insurance agency, you can imagine I have been exposed to and assisted with many car accidents and car accident claims!
One of the top questions I’ve received is regarding a police report with an accident. Are you required to get a police report at the scene of the crime? If you don’t, how does that impact your insurance claim?
I’ve learned A LOT about the responsibility of the police and sheriff office’s that respond to the scene of a car accident. Here are a few of my observations.
If you are in an accident that has caused injury or death to anyone, such as a passenger in a vehicle, a pedestrian, or someone on a motorcycle or bike, you must obtain a police report. This is the law. If you are involved in a little fender-bender in a parking lot, with minimal damage and no injuries, you have the option to file an accident report with the police after the fact.
The biggest misconception I have found is that the officer that arrives on the scene is not there to determine who is at fault in the accident. Actually, they are there primarily to take down statements of those involved or witnesses at the scene. They will also note road and weather conditions, and note if any drivers appear to be impaired. The officer does not place blame or determine liability or fault. The insurance adjusters are tasked to determine these issues and what carrier will be responsible to pay for injuries and physical damage to vehicles and property involved.
If you are in an accident without injuries and with very limited property damage, here are a couple steps to keep in mind:
ALWAYS GET THE OTHER DRIVER(S) INSURANCE INFORMATION at the scene before you leave.
Take pictures and/or videos of the damage to your car and the other car(s) involved in the accident. If there is damage to other property, such as a guardrail, building, etc., document that damage as well.
Contact your insurance agent and find out the best way to take care of the damage to your vehicle.
Remember, you always have the option to have an officer come to the scene and file the report at the time of the accident.
Here are a couple of links that may assist you with further questions:
1.Kentucky law (KRS 189.635(4)) will provide you with additional details and requirements.
2. The Civilian Collision Report form can be found on the Kentucky State Police website.
