A car accident can have significant financial consequences for you on top of the physical trauma you suffered in the crash. Figuring out how to pay the medical bills you incur for treatment and rehabilitation of your car accident injuries can cause you considerable anxiety and stress.
Fortunately, you may have options for obtaining financial resources to cover the costs of your medical expenses. However, the personal injury claims process can be challenging for an accident victim acting on their own. Having an experienced car accident attorney can make pursuing compensation after a car accident more straightforward and less stressful.
Who Pays My Medical Bills After a Car Accident in Kentucky?
When another Kentucky driver hits your car and injures you, you might wonder who will pay for your medical treatment and rehabilitation. Kentucky uses a no-fault insurance system for car accidents. The state requires all insurance companies to offer personal injury protection (PIP) coverage as part of auto insurance policies. PIP coverage can reimburse an injured car accident victim for medical bills, lost wages, and other out-of-pocket expenses, regardless of who may have caused the crash.
Kentucky law requires policies to provide at least $10,000 of PIP coverage, although drivers may purchase higher coverage limits. Policyholders can also accept a higher deductible under their PIP coverage.
Under Kentucky’s no-fault insurance system, injured drivers and passengers must turn first to their own car insurance company to claim Personal Injury Protection coverage for their medical bills. The law limits an injured car accident victim’s right to sue the at-fault drivers. However, an injured victim can file a lawsuit and demand compensation from the at-fault driver if they meet one of several thresholds:
- Incurs at least $1,000 in medical expenses
- Suffers a broken bone
- Suffers a permanent injury or disfigurement
- Sustains fatal injuries
Policyholders can reject the limitation on their right to sue by filing forms with the Kentucky Department of Insurance. However, by rejecting the limitation, policyholders open themselves to lawsuits for car accidents they cause.
If you’ve suffered severe injuries in a car crash, the basic PIP coverage of $10,000 may not fully cover your medical bills and lost wages. In cases of severe injury, you will typically meet the threshold to pursue an injury claim seeking compensation for financial and personal losses not covered by PIP benefits.
What Types of Medical Expenses Can I Seek to Recover?
After suffering a car accident injury, you may incur various types of medical expenses for the treatment of your injuries. You may have ongoing expenses related to the auto accident if you are left with disabilities.
First, you will likely have direct medical costs for treatment and rehabilitation, including:
- Ambulance services to transport you to the hospital
- Emergency room care
- Surgeries in the hospital or an outpatient ambulatory surgical center
- In-patient hospitalization
- Prescription medication or antibiotics to treat infected wounds
- Pain management care for chronic pain
- Physical and occupational therapy
- Purchases of medical and orthopedic equipment, such as slings, braces, crutches, or wheelchairs
During your medical treatment and after you reach maximum medical improvement, you may incur other out-of-pocket expenses for personal care and support services, especially if you suffer prolonged or permanent disabilities due to your injuries.
Other out-of-pocket care-related expenses you might have in the weeks and months after a car accident include:
- Transportation to and from medical appointments or travel expenses to seek specialist care
- Home health services
- Replacement services for tasks you previously performed around the house, such as housekeeping, childcare, or home maintenance
- Home renovations to install disability accommodations
- Purchases of mobility equipment such as electric wheelchairs
- Assisted living facility fees if you suffer severe disabilities that your family members cannot provide care for
How Does My Health Insurance Factor In?
After you’ve exhausted your PIP coverage, you may have outstanding medical bills or need future treatment and rehabilitation. Filing a personal injury claim and pursuing compensation from the at-fault driver’s insurance company can take time. In the meantime, you might turn to your own health insurance coverage for the cost of your medical treatment.
In Kentucky, a PIP coverage provider has the primary responsibility to cover their insured’s medical expenses from a car accident. Although the injured car accident victim’s health insurance provider might agree to provide coverage after the injured victim exhausts their PIP coverage, health insurance has the last responsibility to cover car accident injuries.
After exhausting PIP benefits, you might have a right to file a claim against the at-fault driver’s liability insurance to cover medical expenses. If the at-fault driver doesn’t have liability insurance or their policy limits fail to cover all the injured victim’s medical costs, the injured victim may file a claim with their own car insurance company if they have uninsured/underinsured motorist coverage.
If your health insurance provider covers your car accident medical expenses and you later recover compensation from the at-fault driver or uninsured/underinsured motorist coverage, your health insurance company can request reimbursement of its expenses from the money you have recovered.
What If I Was Partially at Fault for the Accident?
Even if you share some blame for a car accident that injured you, you may have the right to pursue a personal injury case against the other at-fault driver. Kentucky uses a pure comparative fault rule for accident claims. Under this rule, partial fault for an accident does not bar you from filing a personal injury claim against the other party or parties responsible for the accident. However, any financial recovery you are awarded will be reduced proportionately by the percentage of fault the court assigns to you.
For example, suppose the jury finds that you’ve sustained $50,000 in losses from a car accident but also finds you 10 percent at fault for causing the crash. In that case, the trial court would reduce the jury’s verdict by $5,000 to reflect your share of responsibility for the accident, leaving you with a $45,000 recovery.
When the other driver or insurance company tries to blame you for the car accident, you need an experienced personal injury attorney advocating for you. You need an attorney with the knowledge and experience to counter insurance company tactics and demand a fair settlement. legal advocate in your corner can protect your right to compensation and help you maximize your financial recovery under comparative fault in Kentucky.
What Steps Should I Take to Protect My Rights After an Accident?
After getting hurt in a car accident in Kentucky, you can take several steps to protect your right to pursue compensation for your medical, physical therapy, rehabilitation, and long-term care expenses. Seek prompt medical attention to document your injuries and begin treatment. Waiting too long after an auto accident to see a doctor may jeopardize your compensation claim. Insurance companies might argue that your injuries occurred due to another incident rather than the car crash.
Follow your doctor’s treatment plan and instructions, including restrictions on physical activity or work duties. Ignoring your doctor’s instructions may give insurers evidence to argue against the severity of injuries you’ve claimed.
Remember to keep all bills, invoices, or receipts for medical care and other out-of-pocket costs, such as transportation expenses or over-the-counter medication or medical supplies. Also, remember to request copies of your medical records of your treatment and rehabilitation.
Although you should report the accident to your car insurance company immediately, you should always consult a car accident attorney before agreeing to give a recorded statement to an insurance adjuster. Adjusters employ many tactics to minimize injury claims. An adjuster may twist an accident victim’s words in a written or recorded statement or get a claimant to sign a medical release, allowing the insurance company to rummage through the accident victim’s complete medical history, looking for pre-existing injuries and reasons to deny coverage.
A seasoned car accident attorney will recognize the insurance company’s tactics and can communicate with the adjuster on your behalf to protect your interests and move your claim along as efficiently as possible.
Contact a Kentucky Car Accident Attorney
If you have suffered injuries in a Kentucky car accident, having experienced legal representation can help you navigate the legal process of seeking financial compensation for your medical bills and other losses. For trusted legal assistance, contact Morgan, Collins, Yeast & Salyer today for a free consultation with a car accident lawyer in Kentucky. We will review your injuries and discuss your legal options for seeking compensation for your medical bills and related losses.
Our attorneys are known for the Kentucky Courage™ they bring to each car accident injury case. We are proud to help injured Kentuckians seek fair compensation to overcome serious injuries and move forward.
