November 27, 2017
Often times with automobile accident cases, my clients will ask me, “Why does my own insurance company have to pay my medical bills? The other driver caused the accident!” It’s a good question, and one I would ask if I wasn’t familiar with Kentucky’s law in automobile accident cases. The reason your own insurance company pays your medical bills is because Kentucky is a no-fault state for automobile accidents. For example, imagine you are driving your car, which is insured by State Farm. Another driver, insured by Allstate, runs a red light and strikes your car, causing you to sustain personal injuries. Unless you have rejected such benefits, under Kentucky’s no-fault system, State Farm is responsible for the first $10,000 of your medical bills and lost wages (up to $200/week) as a result of the accident. You can purchase a policy, which will cover more than the $10,000, but your typical policy is capped at that amount. The No-Fault statute has provisions for State Farm to seek reimbursement from Allstate. Regardless of who caused the accident, State Farm will provide you the coverage. Once you have exhausted the $10,000 from the policy, you can then use your health insurance, Medicare or Medicaid for the additional medical bills. However, the insurer or the government will then seek reimbursement from your settlement or jury verdict for the amounts they paid to your healthcare providers. This is a process called subrogation, which is often a very important issue in an automobile accident case.
One of the main reasons to secure counsel in an automobile accident case in Kentucky is that even a simple issue like medical bills can become very complicated. This is just one example of the type of damages you can recover in an automobile accident case. It is always a good idea to have an experienced attorney help guide you through the process and protect your rights, especially when dealing with insurance companies and their adjustors. If you’ve been injured in an automobile accident, contact me and I will provide you the experienced counsel you need.
CATEGORIES: Insurance Law