Kentucky is a No Fault State – What Does That Mean?
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.