Determining responsibility for medical bills in car accident injury cases in the Bluegrass State involves understanding state laws and insurance coverage options. Kentucky is a no-fault insurance state, but drivers can choose to reject that type of coverage.
If you sustain injuries in a car accident, it is important to understand who will pay your medical expenses.
Liability and compensation
In car accident injury cases, the at-fault party’s insurance typically covers medical expenses for injured parties. However, if a person is partially at fault, they may bear a portion of their medical bills.
Kentucky’s negligence laws
In many car accidents, more than one driver shares responsibility for causing the crash. Kentucky follows a comparative negligence system, attributing fault based on each party’s contribution to the accident.
If you are less than 50% at fault, you may seek damages. However, your percentage of fault reduces your compensation proportionally.
Medical Payments Coverage
Kentucky offers Medical Payments Coverage, an optional insurance that pays medical expenses resulting from a car accident, irrespective of fault. MedPay provides financial protection for medical bills, no matter who causes an accident.
Health insurance
Health insurance can also cover medical expenses from car accidents. Your policy may cover hospitalization, surgeries, medications and rehabilitation services related to injuries.
Subrogation
If a health insurance company covers medical expenses for a car accident, it may seek reimbursement from any settlement received from the at-fault party’s insurance. This process, called subrogation, allows health insurance companies to recover costs paid on behalf of the insured.
PIP coverage
Kentucky offers Personal Injury Protection coverage, but the state allows drivers to reject this additional medical expense coverage that pays regardless of fault. If a driver with PIP coverage sustains injuries in an accident, their auto insurance company pays medical bills up to the coverage limit.
For severe injuries, PIP payouts may not cover all your medical costs.
Uninsured and under-insured motorists
If the at-fault driver is under-insured or has no insurance at all, your own insurance coverage may come into play. In such cases, your uninsured/underinsured motorist coverage (UM/UIM) could cover medical expenses, lost wages and other damages.
This coverage is optional but highly recommended, as it provides financial protection in situations where the at-fault party lacks adequate insurance coverage to compensate the injured party for their losses.
Each situation is different
Many factors can come into play when determining who pays medical bills after a car accident, and understanding how these factors apply to your situation is challenging for most people. Ask someone who deals with these cases routinely for assistance.