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 a automobile accident. People come into my office all the time and are confused by the term No-Fault. 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 it means at all.

What No-Fault means is that no matter whose fault the accident is your own personal car insurance will pay for your medical treatment for injuries from the car accident.  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 can go to the doctor of your choice. You don’t have to worry about the insurance company of the person that caused the accident agreeing 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. You can find it at KRS 304.39 et seq if you really want to read the statute. It is not the most entertaining reading I have ever done by any stretch of the imagination, but it does contain the rules that cover how insurance company handle medical care and the payment for that care in auto accident cases in Kentucky.

The purpose of the No-Fault Act, as it is called, is to make sure that people that 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 at all with whether or not the accident was your fault and whether you can collect for what is commonly called 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 motor vehicle accident in Kentucky they will be paid by your No-Fault benefits.