The aftermath of a car accident can be traumatizing and overwhelming. When you’re hurt in a crash, the last thing you want to worry about is how you’ll pay for hospital bills or make ends meet while you recover. That’s why it’s important to understand what is personal injury protection (PIP) and how it can help during this challenging time.
Kentucky’s PIP insurance policy can provide a crucial first line of defense for accident victims facing medical expenses and other costs after a collision.
This blog post will provide a basic overview of PIP coverage in Kentucky. In it, we’ll address common questions, including:
- What is personal injury protection?
- What does personal injury protection cover?
- When doesn’t personal injury protection insurance apply?
- Can I still sue an at-fault driver with personal injury protection?
Understanding PIP coverage and your rights is essential to making informed decisions to protect your health and financial future after an accident.
What Is Personal Injury Protection Insurance?
Personal injury protection (PIP) is an insurance policy that provides financial relief after an accident, regardless of who was at fault.
PIP is designed to cover the most essential and immediate losses after a crash. This usually includes medical expenses, lost wages, and additional out-of-pocket costs resulting from a collision.
When a crash happens, a person involved can go to their insurance company to seek compensation for certain damages instead of filing a claim with the insurer of the negligent driver. This system allows victims to focus on taking care of immediate financial concerns before having to navigate the complexities of determining fault and damage valuation. To better understand how this works, let’s walk through what personal injury protection insurance works and how it can benefit you while you are recovering from your injuries.
What Is the Personal Injury Protection Coverage in Kentucky?
Kentucky is a choice no-fault state when it comes to car insurance. This means that state law requires all drivers to carry PIP insurance in case of a collision, but drivers may “opt out” if they do so in writing at the time of purchasing insurance.
The minimum required PIP coverage in Kentucky is $10,000 per person per accident. However, drivers can purchase higher coverage. Kentucky’s PIP insurance can be used for:
- Medical expenses—reasonable and necessary medical costs from the accident, e.g., hospital stays and doctor visits;
- Lost wages—temporary weekly support for income lost while recovering from injuries; and
- Other related costs—e.g., assistance with in-home health, childcare, funeral and burial expenses, or other tasks limited due to injuries.
Almost anyone involved in an accident in Kentucky can use their PIP coverage to access funds for these essential needs. This doesn’t just include drivers but also any vehicle passengers, pedestrians, and cyclists.
Unless you have filed the paperwork to opt out of Kentucky’s no-fault system, you can generally seek benefits through your own or another’s PIP coverage after a crash. To better understand the coverage, it’s important to know what is personal injury protection coverage and how it can help in the aftermath of an accident.
What Doesn’t PIP Cover?
There are some important limitations and exceptions to the benefits that PIP provides in Kentucky. PIP coverage doesn’t offer compensation for the following:
- Damage to a vehicle or other property,
- Most expenses unrelated to medical care or income loss,
- Long-term treatment costs for injuries,
- Pain and suffering,
- Damages suffered by a motorcycle driver or passenger without additional coverage, and
- Damages in a collision that happened in the course of your work.
In situations where PIP doesn’t provide enough coverage, other legal and insurance options may be necessary to fill the gaps.
Can I File a Lawsuit If I have PIP?
Some people assume that having PIP coverage eliminates the option to file a lawsuit. That’s not the case. While it is true that people entitled to PIP have agreed to restrictions around when they can sue, those restrictions are very limited. In Kentucky, these limitations require that you have:
- Medical expenses over $1,000; or
- Victims who suffer broken bones, permanent disfigurement, loss of bodily function, permanent disability, or death from a crash.
In today’s world, the $1,000 “threshold” is usually satisfied by the emergency room visit alone. Most diagnostic imaging tests greatly exceed this limit. Whereas this limit had a significant impact on claims in the 1980s, it has limited relevance today. In most cases where you have an injury that requires treatment, the threshold is met. Once this is satisfied, the limitation to file suit and collect other damages is removed.
A lawsuit may be appropriate to seek financial relief in some cases. A lawsuit may allow you to collect damages for things PIP doesn’t cover, such as pain and suffering. However, the legal process to recover this additional compensation is often complex. For victims looking to pursue a lawsuit after an accident, it’s crucial to seek the support of an experienced personal injury attorney.
Trusted Attorneys Fighting for Your Recovery
Understanding personal injury protection is only the first step in protecting your rights in case the worst happens. At McCoy & Sparks, we know that it can be challenging to navigate the complexities of Kentucky’s PIP laws, especially after the trauma of a crash. Our compassionate attorneys have over 70 years of experience guiding Kentuckians through their personal injury claims. When you come to our team for help, we work tirelessly to help you get the compensation you deserve, whether through your PIP coverage or by pursuing additional legal options. Contact our office today to schedule a free consultation with an attorney and learn more about how we can assist you.