Injured motorist who fails to purchase no fault insurance forfeits $10,000 of their claim against the at fault party.

If you are choosing to operate a vehicle in Kentucky without maintaining no-fault insurance and you are injured by another’s negligence, you will forfeit the first $10,000.00 of your claim against the at-fault party.   According to KRS 304.39-310(2) the uninsured driver becomes their own "reparations obligor" and the Kentucky courts have interpreted this statute to mean that the uninsured injured party must have a claim that exceeds $10,000.00 in order to make a claim against the torfeasor. Thomas v. Ferguson, 560 S.W.2d 835 (Ky. App. 1978) and Stone v. Montgomery, 618 SW2d 595 (Ky. App. 1981) If the injured party’s claim is for $20,000.00, they will only receive $10,000.00. Another reason why you should purchase Kentucky no-fault on your automobile, truck or motorcycle.

An injured motorist failing to have Kentucky no-fault occurs frequently in motorcycle cases because Kentucky law does not require no-fault on motorcycles in order to ride them on the roadways. On the other hand, Kentucky requires no-fault before you can operate an automobile or truck on the roadways and, therefore, it is rare that an injured motorist in a truck or automobile would have to forfeit $10,000.00 of their claim.

If you have any questions concerning Kentucky no-fault or need representation on a motor vehicle claim, please feel free to contact  attorney Matt Troutman at the Kentucky Auto Accident Attorney at either 502-241-8000 or 859-367-0036 or click here.