Do You Need No Fault Auto Insurance in Kentucky?
Reader’s Question:
I am from Lexington-Fayette, Kentucky, and I heard that Kentucky is a no fault state. But what exactly is a no fault insurance?
Max
Lexington-Fayette, KY
Max, you are right. Kentucky is indeed a no fault state. So, this means that auto insurance policies there are a bit different than the standard ones that work in other states. Presently, there are 12 states that are no fault. These states are New Jersey, Hawaii, Kansas, Florida, Minnesota, North Dakota, New York, Pennsylvania, Michigan, Kentucky, Massachusetts and Utah. But there are three states that are under a choice no fault law and where you are right now, Lexington-Fayette, Kentucky, is among them along with New Jersey and Pennsylvania.
What this means is that the motorists have a choice to reject the lawsuit threshold and just retain the right to sue in court for any injuries that are involved in any vehicular accident. What you have to take note of is the nature of the no fault insurance system because no fault auto insurance is in fact misunderstood widely. No fault auto insurance is just a system that makes it compulsory for the drivers to carry insurance for their own protection, but at the same time it limits the capability of the drivers to sue the other parties or drivers for damages. By law, the no fault system makes your auto insurance companies pay for your damages, which have to be within your policy. The company would cover the payments regardless of who was at fault in the accident that the driver has involved himself in. The other drivers who are involved are going to be covered by their own insurance companies.
The good thing about this is that you are guaranteed immediate medical attention, and it also lowers the legal fees. Actually, there is still a lot more to know about this. Just ask around.
Car Insurance Claim and Diminished Value Question
Reader’s Question:
I was found to be at-fault in an accident and the other driver filed a claim against my car insurance company for property damage. He quoted about $5,000 that he said he lost in diminished value. Is there such a thing as “diminished value” claim that is payable under my auto insurance policy?
Chelsea
Fayette, KY
If you just heard about a “diminished value” claim, it does exist. This claim is based on the idea that any car that has been in an accident, regardless of how well the repairs are done, is worth less than the exact same car that hasn’t been in an accident.
The physical damage section of an auto insurance policy does not usually cover claims for a car’s “diminished value” after an accident. It applies to direct and accidental damage only. By definition, direct damage is the actual physical damage done to the car, not a loss in value.
This is the reason why some courts began to question this approach and ruled that since diminution in value was not specifically excluded by the terms of the policy, it was covered.
However, a diminished value claim is a liability claim for property damage and cannot be judged in the same light as a physical damage claim. Under a liability claim, the insurer agrees to pay damages for property damage for which the insured is legally responsible because of an auto accident. If you’re legally liable for the damages of the claimant, then whatever the amount for which you’re liable for is the amount the policy will pay. Be aware that it still is subject to the limit of liability amounts.
It’s always advisable to contact your insurance agent in Fayette, KY or your insurance company directly to have a further discussion regarding the terms of your policy.
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