The type of insurance coverage that parties to a car accident have has a serious impact on the monetary compensation available to the people who suffered harm as a result of the accident. In Kentucky, there is a “no-fault” insurance rule that applies to those who operate motor vehicles. What this means is that when two drivers get involved in a vehicle accident, the insurance of each driver will cover the cost of the injuries suffered by each person, unless there are exemptions that apply to the situation. However, drivers in Kentucky have the choice of selecting traditional insurance coverage and opting out of the “no-fault” coverage.
If a driver has opted out of the no-fault coverage, he may pursue litigation against the negligent driver based on injuries suffered in the crash. For those drivers who do have no-fault insurance, they may pursue legal action against the other driver if one of two threshold inquiries is satisfied. The two criteria are:
- The victim of the crash suffered from injuries resulting $1,000.00 or more in medical expenses; or
- The victim of the crash suffered from severe injuries, including: permanent injuries; permanent loss of function; fracture of a weight-bearing bone; severe fracture of any bone; or permanent disfigurement.
When a person chooses not to have no-fault insurance, he may be sued for personal injury as well as bring litigation against another driver for injuries suffered, so it is a double-edged sword.
There are minimum limits of coverage for drivers in Kentucky, which are:
- Coverage for each person involved in the accident of $25,000;
- Coverage for the total accident damage of $50,000; and
- Coverage of any property damage in the amount of $10,000 per occurrence.
Although these are the minimum levels of insurance that a driver must have, it is recommended that drivers have an insurance policy with greater levels of coverage. When a person is involved in a serious accident that leads to severe harm to other individuals, the limits of a minimal policy quickly will be exceeded. After the available coverage is exhausted, the person who negligently or recklessly caused the accident will be liable for the damages in excess of the coverage limits. Serious accidents may lead to large judgments that will wipe out the assets of the negligent party. Therefore, the devastation of failing to have enough insurance coverage to compensate a victim for the injuries suffered in a vehicle crash can last for a lifetime.
One other insurance issue that faces Kentucky drivers is that of uninsured or underinsured driver coverage. It is not required for a person to have this type of coverage; however, this type of policy provision does offer additional protection for a victim of a crash where the other driver did not have insurance or had so little insurance coverage as to be negligible and the expenses arising out of the accident exceeded the basic policy of the driver.
Murphy & Associates, PLC Represents the Rights of Crash Victims
Accident victims have enough to deal with when trying to recover from the serious injuries suffered in a crash caused by a negligent driver without having to worry about how the insurance coverage would cover the harm done. The experienced and compassionate Kentucky Auto Accident Attorneys at Murphy & Associates, PLC understand how to get the compensation that a victim needs to move forward with his life. We will deal with the legalities while advocating on behalf of our clients. To sit down with our attorneys to learn about your rights in an initial consultation, please call us at (502) 473-6464.