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If I Am Involved In An Auto, Car, Or Truck Accident, How Will My Medical Bills Be Paid?
Posted on May 13th, 2009 No commentsIf you’ve been involved in an car or truck accident in Kentucky and receive injuries, there are multiple sources for payment of your medical bills. The first and most likely resource is basic reparations benefits, better known as PIP. Each Kentucky insurance company that writes insurance in the state must make available $10,000.00 in PIP benefits to its insureds. If you are injured in an accident involving a car or truck, you are entitled to up to $10,000.00 for reasonable and necessary medical bills.
You can also purchase additional coverage, called additional or added reparations benefits (ARB’s). These benefits provide coverage for medical bills and other economic losses in excess of the $10,000.00 in standard PIP. Once the $10,000.00 is spent, medical providers bill the additional coverage.
If you are a pedestrian, you are entitled to PIP from the car or truck that hit you. If you are a passenger, you’re entitled to PIP from the driver’s insurance. If the driver doesn’t have insurance, you can get PIP under your own car or truck policy. If you don’t have a car insurance, you can get PIP from the Assigned Claims Plan, but you must qualify first.
You can also use private health insurance, public health insurance, such as Medicare or Medicaid, or private pay to get the treatment you need. Those companies will often reserve the right to recover their payments from any proceeds you get from a lawsuit. If you don’t have health insurance, many medical providers will offer treatment conditioned on being paid from any money you recover in a lawsuit.
Like lost wages medical expenses above the $10,000.00 in PIP are recoverable against the person at fault. Often it is your obligation to repay any private or public health insurance company out of your settlement proceeds.
Remember, if you’ve incurred medical bills in excess of PIP, will need future medical bills paid, or will suffer long term impairment from your injuries, you should consider retaining a qualified accident attorney to help resolve excess medical bills and liens.
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What Is Meant By Kentucky No Fault?
Posted on April 14th, 2009 2 commentsKentucky 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 person’s 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 certain benefits if they were injured in a car accident.
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”.



