No-Fault/Personal Injury Protection

Injuries from motor vehicle accidents can pose overwhelming problems in terms of hospitalizations, rehabilitation and recovery, pain management issues, work loss, and of course, staggering medical expense. While trying to deal with these issues, a motor vehicle accident victim must also navigate a variety of claims and forms under Kentucky law.

Kentucky is a modified no-fault state which means that certain basic benefits for wage loss and medical expense are obtained through your own motor vehicle insurance carrier. Under the Kentucky Motor Vehicle Reparations Act, KRS 304.39-010, et seq., the first $10,000 in wage loss, medical expense and replacement services loss is obtained through a claim with the insurer of the vehicle you are occupying (typically your own insurance carrier), rather than the insurance company of the other driver. Lawyers often refer to these claims as "no-fault" claims and insurance companies refer to the coverage as "BRB" which stands for Basic Reparation Benefits or "PIP" which stands for Personal Injury Protection.

Under Kentucky law, KRS 304.39-020(5), "Medical expense means reasonable charges incurred for reasonably needed products, services, and accommodations, including those for medical care, physical rehabilitation, rehabilitative occupational training, licensed ambulance services, and other remedial treatment and care."

"Work loss means loss of income from work the injured person would probably have performed if he had not been injured, and expenses reasonably incurred by him in obtaining services in lieu of those he would have performed for income, reduced by any income from substitute work actually performed by him."

"Replacement services loss means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income but for the benefit of himself or his family, if he had not been injured."

At Law Offices of Herren & Adams LLP, we've been helping our clients with their no-fault claims for over twenty (20) years. We've even had a couple of cases where the no-fault carrier wrongfully refused to pay no-fault benefits and our clients ultimately received jury verdicts ordering that the benefits be paid, plus punitive damages. Both of these cases were upheld on appeal. Call us for help with your no-fault/PIP claim and forms