If you've been in a car accident in Kentucky or another no-fault state, the process for getting compensation works differently than you might expect. In a no-fault state, you file a claim with your own insurance company's Personal Injury Protection (PIP) coverage first—regardless of who caused the accident. But that doesn't mean the at-fault driver gets off scot-free, and it definitely doesn't mean you should handle everything without legal help.
Here's what you need to know about the steps to take after a car accident in a no-fault state and how to protect your right to full compensation.
In a no-fault state like Kentucky, every driver is required to carry Personal Injury Protection (PIP) insurance. After a car accident, your PIP coverage pays for your medical expenses, lost wages, and other out-of-pocket costs—up to your policy limits—no matter who caused the crash.
The idea behind no-fault insurance is to speed up the claims process and keep minor injury cases out of the courtroom. But here's what many people don't realize: no-fault doesn't mean you can never sue the other driver. In Kentucky, you can still pursue a claim against the at-fault driver if your injuries meet certain thresholds—specifically, if you have medical expenses exceeding $1,000, a broken bone, permanent disfigurement, permanent injury, or death.
Understanding this distinction is critical because it affects how much compensation you may ultimately be entitled to receive.
Whether you're in a no-fault state or not, the actions you take at the accident scene and in the days that follow can make or break your case. Here's what you need to do:
Check for Injuries and Get to Safety
Your first priority is making sure everyone is safe. Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. If the vehicles are drivable and it's safe to do so, move them out of traffic to prevent another collision.
Call the Police
Even if the accident seems minor, always call the police and have them file an official accident report. This report becomes critical evidence when you file your insurance claim and especially if you later pursue a lawsuit against the at-fault driver. Get the responding officer's name and badge number, and ask how to obtain a copy of the report.
Document Everything at the Scene
Use your phone to take photos and videos of the accident scene, vehicle damage, skid marks, traffic signs, and any visible injuries. Gather contact and insurance information from the other driver, including their name, phone number, insurance company, policy number, license plate number, and driver's license number. If there are witnesses, get their contact information too.
Never Admit Fault
Be careful what you say at the scene. Even saying "I'm sorry" can be twisted and used against you later. Stick to the facts when speaking with the police and don't speculate about what happened.
Seek Medical Attention—Even If You Feel Fine
This is one of the most important steps. Many car accident injuries—like whiplash, soft tissue damage, and concussions—don't show symptoms immediately. They can take days or even weeks to appear. Seeing a doctor right away creates medical documentation that links your injuries to the accident, which is essential for both your PIP claim and any future lawsuit.
In Kentucky, your PIP coverage provides up to $10,000 per person per accident for medical expenses, lost wages, and similar costs. You'll file this claim with your own insurance company, not the at-fault driver's insurer.
Report the accident to your insurance company as soon as possible. They'll assign a claims representative who will ask for details about the accident and your injuries. Keep all documentation organized—medical bills, receipts, proof of lost wages, and any correspondence with your insurer.
Important: Your PIP coverage has limits. If your damages exceed those limits, you'll need to pursue additional compensation from the at-fault driver's insurance or through a lawsuit.
Just because Kentucky is a no-fault state doesn't mean the person who caused your accident walks away without consequences. You can step outside the no-fault system and sue the at-fault driver if your injuries meet any of these thresholds: medical expenses exceeding $1,000, a broken bone, permanent disfigurement, permanent injury, or death.
When you file a lawsuit, you can pursue compensation for damages that PIP doesn't cover—including pain and suffering, emotional distress, and the full extent of your medical expenses and lost wages beyond PIP limits.
Many people assume that because they're in a no-fault state, they don't need a lawyer. That's exactly what the insurance companies want you to think.
The truth is, insurance companies—including your own—are still businesses trying to minimize what they pay out. They may delay your PIP claim, dispute whether your treatment was "medically necessary," or argue that your injuries don't meet the threshold to sue the at-fault driver.
A law firm knows how to navigate Kentucky's no-fault system and fight for every dollar you deserve. They make sure your PIP claim is handled properly, determine whether you're entitled to pursue additional compensation from the at-fault driver, and negotiate aggressively with insurance companies who try to shortchange you.
Don't leave money on the table. Contact Noakes Law Group today for a free consultation. We'll review your case, explain your options, and fight to get you the full compensation you're entitled to—not just what the insurance company wants to pay. You pay nothing unless we win.
