Auto Insurance Louisville Kentucky KY
Reader’s Question:
My brother was rear-ended on the interstate in Louisville, Kentucky. Because KY is a no fault state, does this mean the other person is not responsible for paying the damages to his car?
Eric
Louisville, KY
As you know Eric, Kentucky is a “choice no-fault” state. All automobiles registered or operated in Kentucky must be covered with liability insurance and basic no-fault personal injury insurance. As such, a Kentucky motorist can opt to insure their automobile under the tort system or the no fault system. Under this system each driver involved in an accident is responsible for the property damage and/or bodily injury they caused. Also with a Kentucky tort system you have the right to sue the other driver in an accident for the cost of expenses related to injuries brought by the accident.
Under the Kentucky no-fault insurance guidelines, you are required to purchase personal injury protection (PIP) coverage that helps pay the cost of injuries regardless of who caused the accident. If you choose the no fault option, basic Kentucky PIP coverage is $10,000 for medical expenses, loss of income or services, and funeral expenses. When purchasing the basic PIP coverage in Kentucky you forfeit your right to sue the other driver in an accident for the cost of injuries, unless the cost exceeds a certain level set by the state law.
Under either the no-fault or tort system, Kentucky drivers are required to obtain a basic liability coverage (bodily injury and property damage) in the state’s mandated minimum amounts of 25/50/10. Uninsured and underinsured motorist must be presented an insurance coverage by an insurance company but can be waived in writing if one does not wish not to purchase these coverages. No-fault then in Kentucky, as in most no-fault states, only refers to bodily injuries and not property damage. Thus the person that rear-ended your brother on the interstate should pay for the damages to your vehicle. You should be able to make an insurance claim in Louisville, KY against the at-fault party’s property damage liability (PDL) coverages. If your brother has the insurance information either from exchanging information with the other party or police report then he should contact that insurance company to place the claim for the damages.
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