Before liability can be assigned after a car accident in Covington, Newport or Florence, and before determining whether another individual's car insurance will cover any medical expenses, there are several factors that will come into play.
Who Covers Medical Costs?
When it comes to auto insurance laws in Kentucky, there are several factors that will come into play in order to determine liability, and whether medical costs can be, or should be, covered by the other driver. Yes, Kentucky is a "choice no-fault" state. Meaning that each driver's car insurance company will most commonly pay for any injuries sustained by their insured motorist, no matter who was at fault. While this may be regarded as typical, it is not always the case.
Who covers medical costs? When it comes to an auto accident of any kind, in every state, compensation can be obtained. Yes, even in a "choice no-fault" state. However, in Kentucky, there is a system in place known as "comparative fault", or "comparative negligence". It is absolutely true that after a car accident you can recover compensation from any and all at-fault parties. This is also true regardless of the degree of your fault in the accident. However, since Kentucky is a "comparative negligence" state, any compensation you receive may be reduced in accordance with the percentage of your fault in the accident. This is where your attorney comes in. He or she will fight to defend you and minimize any reductions you may be facing.
Drivers always have the option to choose traditional coverage, also known as tort coverage, when they seek out car insurance. By doing this, you may freely pursue a liability claim or personal injury lawsuit against the driver at fault in the case of an accident. Even if Drivers choose no-fault coverage, if their claim meets pre-stated thresholds, it will be exempt from no-fault rules. This means that a liability claim or Personal Injury lawsuit can be pursued.
The Kentucky thresholds are $1,000 or more in medical expenses due to the accident; permanent disfigurement; a fracture of a bone that bears weight; a compound fracture; a comminuted fracture; a compressed fracture; a displaced fracture; sizable or permanent injury; loss of a body function or movement that is deemed permanent. If any of these are met, no-fault or not, you may pursue a settlement.
Therefore, in any case and in any state, if you have been injured in an auto-related accident - call an experienced personal injury attorney right away. The other driver just may owe you a sizeable settlement that includes your medical costs, lost wages, and more.