Frequently Asked Questions (FAQs)
Q. What is PIP in Kentucky car accidents?
A. In Kentucky, PIP refers to Personal Injury Protection. It’s a type of auto insurance coverage designed to pay for medical expenses, lost wages, and other related costs that arise from an auto accident, regardless of who is at fault. PIP benefits can be claimed without establishing fault in an accident.
Q. What expenses are covered by PIP?
A. Eligible expenses covered by PIP include:
- Medical bills
- Rehabilitation costs
- Lost income
- Funeral expenses (in the event of a fatal accident)
- Other necessary expenses related to the accident.
Q. Can I sue the driver of the car I was riding in if it was their fault?
A. Yes.
Q. Can I sue the driver of the other car if I was working at the time of the accident?
A. Maybe. You would potentially have a workers compensation claim that would be paid by your employer’s workers’ compensation insurance. You also have a claim against the other driver if the other driver was negligent for causing the accident.
Q. What is UM insurance in Kentucky?
A. In Kentucky, UM insurance refers to Uninsured Motorist Coverage. This type of insurance protects drivers in the event they are involved in an accident with a driver who does not have any insurance.
Q. What is UIM insurance in Kentucky?
A. UIM insurance, or Underinsured Motorist Insurance, is a type of coverage that protects you in the event of an accident where the other driver is underinsured. In Kentucky, this insurance is particularly important because it helps cover the costs of medical expenses, lost wages, and other damages if the at-fault driver does not have enough insurance to fully compensate you for your losses.
Q. What are insurance policy limits in Kentucky?
A. Insurance limits in Kentucky refer to the maximum amount an insurance policy will pay for covered claims. These limits vary based on the type of insurance and specific policy provisions.
Q. What are minimum limits in Kentucky car insurance?
A. Automobile insurance sold in Kentucky must have the following:
- Liability Insurance: Kentucky requires minimum liability coverage of:
- $25,000 for bodily injury per person.
- $50,000 for total bodily injury per accident.
- $10,000 for property damage.
- Personal Injury Protection (PIP): Minimum of $10,000 in PIP coverage is also required, which pays for medical expenses and other related costs regardless of fault.
Q. What is workers’ compensation in Kentucky?
A. Kentucky requires employers to carry workers’ compensation insurance, which covers medical expenses and lost wages for employees injured on the job. There are generally no specific limits set by law, but policies typically have limits based on the employer’s risk class and payroll.
Q. Who can I sue if I was seriously injured by a dog bite?
A. You can sue the dog’s owner for any damages caused by their animal. You can potentially sue the owner of the property if they knew that the animal was dangerous and harbored the animal.
Q. Can I sue a business if I was injured on their property?
A. Maybe. In Kentucky, you can sue a business if you were injured on their property, but there are several factors to consider:
- Negligence: You must prove that the business was negligent. This means showing that the business failed to maintain safe conditions or did not take reasonable steps to prevent accidents.
- Duty of Care: The business owed you a duty of care. Property owners are generally expected to keep their premises safe for visitors.
- Injury: You must have suffered actual injuries as a result of the accident.
- Comparative Negligence: Kentucky follows a comparative negligence rule, meaning if you were partially at fault for your injury, your compensation could be reduced by your percentage of fault.
- Time Limits: There are statutes of limitations that set deadlines for filing personal injury lawsuits. In Kentucky, you typically have one year from the date of the injury to file a claim.
Q. What is a statute of limitations in Kentucky?
A. A statute of limitations is a law that sets the maximum time period within which a legal action must be initiated. After this period expires, a party can no longer file a lawsuit or have a claim enforced. Statutes of limitations vary by jurisdiction and can differ depending on the type of claim.
Q. Is there a statute of limitations in Kentucky for car accident claims?
A. Yes. In Kentucky, failure to file your car accident related claims in court within two years of the date of the injury or the last PIP payment will result in a loss of your rights to recover against the at-fault driver. Please be advised that in no case can the time limit be expanded beyond four years from the date of injury. We recommend speaking with [our] experienced car accident lawyer to avoid any statute of limitation problems.
Q. What is the statute of limitations for a slip and fall injury or premises liability claim in Kentucky?
A. The statute of limitations is one year from the date of injury.
Q. What is the statute of limitations for workers’ compensation claims in Kentucky?
A. The statute of limitations for Kentucky workers’ compensation claims is the later of two years from the date of the injury or illness or two years from the date of the last total temporary disability (TTD) payment. Please be advised that certain notice requirements must be met for Workers’ compensation claims. Contact our qualified workers’ compensation lawyer immediately after a job site injury to ensure your rights to compensation are protected.
Q. What is total temporary disability (TTD)?
A. TTD stands for Temporary Total Disability in the context of Kentucky workers’ compensation. It refers to benefits provided to workers who are temporarily unable to work due to a work-related injury or illness.
Q. How much am I owned in TTD after a workers compensation injury?
A. An employee must be unable to perform any type of work due to their injury or illness. This typically means that they are unable to return to their previous job or any other job. If you are eligible, TTD benefits are typically calculated based on a percentage of your average weekly wage, subject to certain statutory limits. In Kentucky, TTD benefits are generally calculated at two-thirds of the employee’s average weekly wage, with a cap based on the state’s average weekly wage.
Q. How long am I entitled to TTD?
A. TTD benefits are available until the worker reaches maximum medical improvement (MMI), which means their condition has stabilized, or they can return to work. There is a maximum duration for TTD benefits, which is generally 520 weeks.
Q. What is PPD in workers’ compensation in Kentucky?
A. PPD stands for Permanent Partial Disability in the context of Kentucky workers’ compensation. It refers to benefits awarded to employees who have sustained a permanent injury or condition as a result of a work-related incident but are still able to work in some capacity.
Q. How much do I get in PPD compensation from workers’ compensation?
A. The amount of PPD benefits is often determined based on an impairment rating assigned by a medical professional, usually using the guidelines set by the American Medical Association (AMA). This rating assesses the extent of the permanent impairment.