FREE Information for Accident Victims
Knowledge IS power. This free information is provided by the Brutscher Law Office to help answer questions you might have about your Kentucky car, tractor-trailer, or motorcycle accident. If you do not find an answer to your question, please call us or submit your question in the form on the right.
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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”.
2 responses to “What Is Meant By Kentucky No Fault?”
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I have tried to read up on this “No Fault” issue. I don’t recall having to sign a rejection form until my husband purchased a motorcycle. The Commonwealth sent us a form to complete, choosing from 4 options. I am a RN, Director of Nursing, but for the life of me I cannot determine if “we want to accept benefit of the No-Fault Law in return for giving up some rights to sue”. How is a non legal person to know what this means?
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Anita that is a very good question.
Unfortunately, a “nonlegal” person most likely would not know what to do. That is why the majority of people just accept the No Fault law’s restriction of their tort rights. Motorcycles are specifically excepted from Kentucky’s No Fault scheme, unless No Fault is specifically requested. I am assuming that you and your husband had to sign the rejection opting not to receive those benefits.
The main benefit of accepting the No Fault scheme is that you are entitled to receive up to $10,000 in economic benefits, like medical expenses and lost wages, if you’ve been in an accident, REGARDLESS of who was at fault for causing the accident. Traditionally, at fault drivers would not receive any benefits.
Absent some compelling reason, I believe it is better to accept the limitation of your tort rights in exchange for this benefit under the No Fault scheme.
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Anita Jo Powell November 6th, 2010 at 23:09