Most people assume they are out of luck if they get into an accident with an uninsured driver. The situation feels even worse if you do not own a car or carry your own auto insurance policy. But fear not. Kentucky law provides a hidden safety net for these specific scenarios.
Our office recently represented a passenger who was seriously injured in a Louisville car crash. The driver of the vehicle had no car insurance whatsoever. Despite this hinderance, we successfully recovered the maximum available policy limits for our client.
We secured this financial recovery by utilizing a powerful, lesser-known law called the Kentucky Assigned Claims Act.
What is the KACA?
Kentucky is a choice no-fault state. If you are hurt in a wreck, the insurance policy covering the vehicle you are riding in pays the first $10,000 of your medical bills and lost wages. This coverage is called Personal Injury Protection, or PIP.
But what happens if the car has no insurance, the driver has no insurance, and you do not own a vehicle to carry your own PIP policy?
Under the Motor Vehicle Reparations Act (KRS 304.39-160), the state steps in. The Kentucky Assigned Claims Act sets up a special plan that assigns uninsured injury victims to a private insurance company. That assigned insurance company must then provide you with the standard $10,000 in no-fault medical benefits.
Who Qualifies For The Assigned Claims Plan?
The program serves as a strict safety net. This means you must meet specific requirements to qualify.
In order to qualify you must have been an innocent passenger or pedestrian. This means you were either riding in the uninsured vehicle or walking and got struck by one. You must also have no other insurance available to qualify. No one in your immediate household can carry an active auto insurance policy and you cannot own a car. Most importantly, you must not be the owner of the uninsured car. If you drive your own uninsured vehicle, Kentucky bars you from using the program.
If you meet these qualification, the plan ensures you do not get stuck paying thousands in medical bills just because someone else broke the law.
Why You Need A Lawyer To Handle The Process
Insurance companies do not advertise this program. To make matters more complicated, the application process involves strict eligibility verifications and incredibly tight deadlines. Missing a deadline or filling out the paperwork incorrectly will permanently terminate your right to benefits.
We know how to navigate the Assigned Claims Bureau efficiently. Our team handles the heavy paperwork, tracks down the necessary corporate assignments, and forces the assigned carrier to pay out your medical benefits.
If you were a passenger in a wreck with no insurance coverage, do not give up hope. Contact Louisville Law Help today for a free consultation. You owe us nothing unless we recover money for your case.
Feel free to call us at 502-771-0588 or email aaronkemper@lawhelplouisville.com.