Challenges for Non-Resident Injured in an Auto Accident in Kentucky

If you are a non-resident involved in a car accident in Kentucky, what challenges will you face that are different for the resident? One challenge will be that you may not have Kentucky no-fault benefits available to you and this means you will not have $10,000.00 of insurance to pay for lost wages and medical expenses and your statute of limitation may be one year instead of two years from the date your last no-fault payment was paid. The non-resident will have available to him or her the insurance coverages that they purchased in their home state. Most of the surrounding states – Ohio, Indiana and Tennessee – do not have no-fault laws and benefits. If the non-resident did come from a no-fault state, like Michigan, then they would have no-fault benefits available to them.

Surprise: Non-Resident may be entitled to Kentucky No-Fault Insurance Without having to Pay for it!

Some non-residents will have Kentucky no-fault benefits available to them if they are injured in a car accident in Kentucky even though they did not pay for the coverage. Kentucky law requires out of state insurers, who are licensed to do business in the state of Kentucky, to provide Kentucky no-fault benefits to their clients because Kentucky law requires it for all of the people who register vehicles in the state of Kentucky. In addition to having Kentucky no-fault benefits, the non-resident is entitled to any of the additional coverages that they purchased on their vehicle. Most states provide MedPay benefits which pay for medical expenses.

One aspect of the Kentucky no-fault benefits that is of particular importance to injured auto accident victims is the partial lost wage benefit. Kentucky no-fault will pay $200/week and more if you purchase additional coverage and this benefit is not provided in most automobile policies outside of no-fault states. People injured and unable to work need to pay their expenses as they recover from their injuries and this benefit helps them do that. Otherwise, they have to take out expensive loans, dip into their savings or settle their claim prematurely.

As mentioned previously, the existence of Kentucky no-fault benefits can extend the statute of limitations for the claim from one year to two years from the last no-fault payment. This is very important because it allows the injured party a fair opportunity to resolve their claim without a lawsuit. Noone like to participate in a lawsuit due to the stress involved. If you have not recovered from your injuries before your claim will expire, then you have to file a lawsuit to preserve it. Once you file a lawsuit, the opportunity to resolve your claim will be delayed by a year or more in most cases.

Non-Residents may face state prejudice that will reduce the value of their claim.

If you are injured and need to litigate your claim in order to resolve it, you will face a Kentucky jury. You could settle your claim before a jury trial is necessary, but, if you do not, you will face a Kentucky jury that may have certain prejudices against you because you are an outsider. Human nature plays a role in decisions made by juries and it should not be ignored when evaluating your claim. Ultimately, both the auto accident attorney and the insurance adjuster are trying to make an educated guess of what a jury would award you in trying to settle your claim. If the claim is not settled, it is a jury who will determine the value of your claim.


If you are involved in a car, truck or motorcycle accident, you will require the services of an experienced Kentucky car accident attorney to investigate the cause of the accident and maximize all benefits available to the victims and their families. Matthew Troutman, a Kentucky car accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident.

If you need legal assistance due to a motor vehicle accident, contact Kentucky car accident attorney Matthew Troutman directly at 859-696-0001 or 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Lexington car accident attorney Matthew Troutman and the Troutman Law Office, click here.