PEDESTRIAN AND CYCLIST ACCIDENT INJURIES: PERSONAL INJURY PROTECTION
SOURCES OF PERSONAL INJURY INSURANCE COVERAGE WHEN INJURED AS A PEDESTRIAN, CYCLIST, OR A PASSENGER IN KENTUCKY WHAT SHOULD YOU DO?
Personal Injury Attorney blog by Anna Aleksander, Attorney
Anna Aleksander attorney is a personal injury lawyer in Louisville, KY that offers a free consultation. You can call her at 502-589-0816.
WHO WILL PAY FOR YOUR MEDICAL BILLS?
Many people don’t realize and sometimes even become upset when they learn that it is not the drunk driver’s insurance that will pay for the first $10,000.00 of their medical bills. This is normal pursuant to Kentucky No Fault Insurance Scheme.
In Kentucky Personal Injury Protection or “PIP,” is mandatory coverage that has to be offered to you by your insurance carrier. You pay extra premiums every months to have this coverage. If you are ever in an accident the Kentucky no fault scheme requires that your own auto insurance pay for the first $10,000.00 or more of your medical bills. They subsequently pursue this money from the insurance of the party at fault. You can upgrade this coverage so that your benefits are more than $10,000.00. This coverage will help you pay for your lost wages (up to $200.00 per week), for required services to assist you with daily living tasks, and for your medical bills. If you chose to add additional coverage such as Med Pay, then it too will cover your medical bills when your PIP is exhausted. In order to reject it you must do so in writing and the only way you will not have this coverage is if you had filed a written rejection.
WHO WILL PAY FOR YOUR MEDICAL BILLS: INJURED PEDESTRIANS, PASSENGERS, AND CYCLISTS
However what about if you were injured as a Pedestrian and you don’t own a vehicle.
Kentucky has what is called the “Assigned Claims Plan” and if certain conditions are met then it will pay for your medical bills and pursue them from the wrongdoer’s policy.
What are the conditions? You must not own a vehicle or if you do own one then you must not have rejected PIP or let your vehicle be uninsured. No one in your household has coverage available to you. If that’s the case you maybe eligible and a claim should be made to the Kentucky Assigned Claims.
Same applies to passengers. First source of coverage is the policy of the driver of the vehicle. If that’s not available then all other sources must be explored such as policies of other vehicle owners in your household. If none is available then a claim should be made to the Assigned Claims.
This is why calling a lawyer about your injury claim is very important. If you don’t know the law you maybe easily mislead into thinking that you can never recover money for your medical bills or that simply you must give up and stop or not pursue your medical treatment. This is not the case. Obviously you can always use your own health insurance if no other coverage is available, but before you even consider this option if you were a pedestrian, you should explore the benefits available to you under the Assigned Claims.
Call a lawyer right away if you were involved in a Pedestrian Accident, or as a passenger, or as a cyclist.
Also remember that key evidence may dissapper quickly. Witnesses maybe extremely important to your case. Always get photos and contact information for your witnesses. Don’t just settle for their address on the police report. Ask for their phone number and email address. Get pictures of the scene if you can. Always wear a seat belt, and if you are on a bike always wear your helmet.
Remember! Pip pays only for some of your medical bills and lost wages. To recover money for your pain and suffering, for lost wages exceeding the PIP, and for medical bills exceeding the PIP, you should file a claim for your personal injury in Kentucky. Speak with a lawyer right away. Strict statutes of limitations apply. If you think you may have been partially at fault, remember it is not a complete bar to recovery. In Kentucky fault maybe apportioned. For example you maybe 20% at fault and the driver that hit you 80% at fault.