No-fault or tort auto insurance systems in Kentucky

by | Jun 3, 2019 | Firm News

Kentucky motorists have more auto insurance choices available to them than drivers in many other states do. As residents of a “choice no-fault” state, Kentucky drivers can insure their automobiles under either the no-fault or tort systems.

It’s important to understand how each system works so that you can select the option that makes the best sense for your situation.

No-fault system

Motorists who choose no-fault insurance coverage must also get a personal injury protection (PIP) policy to mitigate the cost of injuries no matter which driver was liable for the accident. Basic PIP coverage offers $10K for medical bills, lost income and final expenses.

Additionally, the purchase of PIP coverage means that your right to take the other motorist to court after a wreck is forfeited unless the costs exceed a certain threshold. In our state, that threshold is $1,000. Other exceptions exist if there was:

  • Permanent disfigurement
  • Broken bones
  • Amputation
  • Permanent injury
  • Permanent loss of bodily functions
  • Death

Tort system

Alternatively, choosing the tort system means that each motorist is responsible for the damage to persons or property that they cause in an accident. You also retain the right to sue negligent drivers for costs expended on injuries from the accident.

Auto insurance premiums for those choosing the tort system are typically higher. But the benefit is that your right to seek compensation is unrestricted after an accident with injuries.

After an accident

Regardless of the auto insurance coverage that you chose, after a collision, if you are injured, you may have questions about your own liability or the liability of other drivers who were involved in the wreck.

Assessing and evaluating the merits of personal injury cases can be tricky for a layperson with no legal training. However, for a Kentucky personal injury attorney, it is something with which they are intimately familiar. If you are unsure whether you have the grounds to take legal action against another driver for your injuries in an auto accident, you can schedule a consultation with a Bowling Green personal injury attorney to learn more about your rights and responsibilities in the matter.