What Does No-Fault Really Mean?

Kentucky is a No-Fault insurance state. What does this mean? There are a lot of Kentucky accident victims who hear this term and believe that this means that it doesn’t matter who caused an automobile accident. They believe that anyone who is injured in a Kentucky automobile accident can recover for their pain and suffering. Some people believe that no matter whose fault the accident is, they are going to get paid for their injuries. This is not what no-fault means.

Related: Car Insurance Help: No-Fault, Basic Reparation and PIP

What is no-fault?
What No-Fault means is that no matter whose fault the accident is, your own car insurance will pay for your medical treatment and your injuries. This means that even if the car accident was your fault, you can go to the doctor. You can receive medical care and treatment for your injuries. This is where the term No-Fault comes from.

You don’t have to worry about how you are going to pay for your medical care. Your medical bills will be paid. You don’t have to worry about waiting for the other party's insurance company to agree to the treatment. There is no pre-authorization that a doctor needs to get before they can treat you for your injuries. The name of the No-Fault Statute is actually the Motor Vehicle Reparations Act. It is not the most entertaining read I have ever done. However, it contains the rules that cover how insurance companies handle medical care and the payment for that care in auto accident cases in Kentucky.

Related: Should I reject or waive my Kentucky No-Fault Benefits?

What is the purpose of this act?
The purpose of the No-Fault Act, as it is called, is to make sure that people who are injured in accidents are able to get the treatment they need. This helps to give you peace of mind. It has nothing to do with whether or not the accident was your fault or whether you can collect for your pain and suffering. There must be an at-fault party to sue for you to have a personal injury case and collect for your pain and suffering. No-Fault only deals with the payment of medical bills. It has nothing to do with a pain and suffering settlement. The bottom line is if medical care is related to injuries sustained in a car accident, they will be paid by your No-Fault benefits.

Michael Schafer
The Personal Injury Attorney for Louisville and Kentucky
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