Frequently Asked Questions

Richard Breen's FAQ

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What if I'm in a car that doesn't have insurance?

If you are not the driver, you can fall back on your own insurance policy or that of a family member in your household. If you don't have Kentucky automobile insurance, there is an assigned claims plan which applies unless you simply disregarded your obligation to buy No-fault insurance, or let your policy lapse. An application would have to be submitted to Kentucky Assigned Claims. You may wish to have an attorney help you with this procedure.

What about motorcycles?

Automobile policies automatically include no-fault insurance, but motorcycle policies do not No-fault can be requested on a motorcycle policy, which is quite expensive. When a motorcycle is not covered for no-fault benefits you may not be able to collect the first $10,000 of your out-of-pocket losses. However, you can still proceed against an at-fault driver if your case meets the criteria below, for pain and suffering damages as well as the amount of medical bills and wage loss over $10,000. You definitely should consult an attorney to determine how to proceed in these cases.

What about deductibles?

Many no-fault policies now contain a $500 or $1000 deductible. You cannot sue for this money. This means the first $500 or $1000 of medical bills or lost wages will come out of your own pocket. This is recommended only for those who can afford this amount of loss You would be able to collect the entire $10,000 if your out-of-pocket losses were $10,000 or more.

Do I have to pay back my insurance company?

Kentucky no-fault insurance provides for your insurance company to be paid back from the at-fault driver’s insurance. Usually, this is something you don't have to worry about and is handled between the two insurance companies. However, in dealing with any of these issues, it pays to have the advice of counsel.

How does this affect my right against an at-fault driver?

In Kentucky you can only proceed against at-fault drivers in certain cases. The requirement is that you have either $1000 in medical bills, a broken bone or a permanent injury. If the case is serious enough to meet one of these three criteria, then you have a right to bring a claim against the at-fault driver. You can seek recovery for pain and suffering damages and other types damages if those damages can be proven You will need a lawyer if you plan to take this step Even if you bring a lawsuit against the at-fault driver, you still have to collect the medical bills and lost wages up to the no-fault amount from your own insurance company. Bills and wages you could have collected through no-fault insurance cannot be collected through the lawsuit from the other party, even if you have not collected them In other words, the at-fault party is always immune for the first $10,000 of your out-of-pocket losses regardless of fault.

Cherie and Andera
A drunk driver lost control and hit us. We wanted to protect our rights. He was an honest and very compassionate person and he worked hard to do what was best for his clients.
— Cherie and Andera

Made Whole Again

We work to get your car fixed, get you a rental, get your medical expenses paid, and your lost wages back. Let us do the paperwork and handle the insurance company. Let us talk to the insurance adjusters.You worry about getting well.

We want you to be made whole again.

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