INTRODUCTION TO “NO FAULT?
In July, 1975, the Kentucky General Assembly enacted Kentucky’s No Fault Automobile Insurance Act. This statute radically altered how an injured person is compensated for their injuries in automobile accidents in Kentucky. The law abolished tort liability for the first $10,000.00, an economic loss. The law may the driver of each insured automobile responsible for his injuries as well as the injuries of any of his passengers. In return for the payment of these benefits, a driver in Kentucky is presumed to have accepted this limitation on the right to sue the other party unless one of two things has happened. (1) They have rejected the limitation on their tort rights. This is done by filing a written rejection of the no fault benefits when you apply for automobile insurance; or (2) your injury is serious enough to have met one of the defined thresholds or conditions. Once one of these conditions have been met then you have the right to sue for economic and non-economic loss. Usually thes
