Bench & Bar July/August 2025

and preserve any evidence related to the accident. WHAT DAMAGES CAN BE RECOVERED? Every policy of automobile liability insur ance issued in Kentucky is required to provide basic reparation benefit coverage, also known as “no fault” benefits. 6 Basic Reparations Benefits (“BRB”), also known as Personal Injury Protection (“PIP”), are paid regardless of fault for an accident. 7 The standard BRB amount is up to $10,000.00, unless the injured individual has pur chased optional additional coverage. 8 BRB/PIP covers medical expenses, work loss, and replacement services loss. 9 If an injury causes death, benefits for survivor’s economic loss and survivor’s replacement services loss may be paid. 10 If an injured party misses work due to an accident, the individual can also instruct the insurer to “hold” or “reserve” some or all of the BRB/ PIP benefits to cover lost wages. 11 In addition to recovering BRB, an injured person can recover tort damages against a negligent driver. Generally speaking, these damages include medical expenses for treat ment reasonably necessary as a result of the accident, pain and suffering, lost wages for work missed as a result of injuries from the accident, and property damage to a vehicle. The collateral source rule says that a per son’s damages for medical expenses cannot be reduced by the amount paid from a “col lateral source,” such as health insurance. 12 An injured party should document med ical visits, providers, treatments, medical bills, and time off work, if any. Keep in mind that a recovery against a tortfeasor will be reduced by amounts paid or payable as BRB. 13 HOW LONG DO I HAVE TO FILE A LAWSUIT? An individual has two years after an acci dent to file a lawsuit. 14 However, if the individual’s automobile insurer has paid basic or added reparation benefits on his or her behalf, the individual will have two years from the date of the last basic or added reparation benefits payment to file a complaint. 15 Thus, the payment of basic or added reparation benefits can extend the

statute of limitations. An infant or person under disability has two years after reaching the age of majority or being released from disability to file a lawsuit arising from an auto accident. 16 SHOULD I HIRE A LAWYER? It is always a good idea to contact a lawyer after an accident to determine if you have a claim, particularly if you believe the other driver was responsible. The decision of whether to hire a lawyer often comes down to whether the individual was injured and the extent of damage to the individual’s vehicle, if any. If there is a bodily injury or property damage claim, the other driver’s insurance company will want to speak to the claimant regarding how the accident hap pened. Many people feel more comfortable having an attorney present when providing a recorded statement or other information to an insurer. If you are sued for an incident arising from an auto accident, your liability insurer will likely retain an attorney on your behalf. If a lawsuit is filed against a driver, he or she should notify his or her insurer immediately to ensure it can assign an attor ANCE OR IS UNKNOWN? If a driver is involved in an accident with an uninsured or underinsured party, he or she may still be able to recover BRB/PIP bene fits and may recover under the driver’s own policy to the extent of any underinsured or uninsured coverage he or she purchased. If an individual has comprehensive insur ance coverage, it may cover repairs to his or her vehicle. Check the policy! If a driver has uninsured motorist coverage, his or her insurance company may also pay for a claim arising from a “hit and run” where the other driver cannot be identified. However, many insurance policies require physical contact with another vehicle for a valid “phan tom vehicle” claim to prevent fraudulent insurance claims. The Kentucky Supreme Court has found that this requirement is enforceable. 17 The requirement is typically not met where an item, such as a rock, 18 a tarpaulin, 19 or ice, merely falls from another vehicle and hits the insured vehicle. 20 ney to defend against the claim. WHAT IF THE OTHER DRIVER LACKS INSUR

ABOUT THE AUTHORS MADISON GATTIS began her career as an associate attorney with the Richardson Law Group, PLLC, in the Nashville area office. She graduated from Furman University with a B.A. in business

administration and Spanish in 2020, and she received her J.D. from Belmont Univer sity College of Law in 2023. She practices in both Tennessee and Kentucky, focus ing on general civil litigation, insurance defense, and insurance coverage analysis and litigation. HALEY DWYER is a senior from the University of Kentucky with a B.A. in political science. She received her J.D. from the University of Louisville and focuses her practice on litigat ing auto, premises, coverage, and subrogation suits in Kentucky, Indiana, and West Virginia. ENDNOTES 1 KRE 803(8). 2 KRS § 526.010. 3 KRS § 304.39-110. 4 Hilen v. Hays , 673 S.W.2d 713, 720 (Ky. 1984); KRS 411.182. 5 See Jones v. Bituminous Cas. Corp. , 821 S.W.2d 798 (Ky. 1991). 6 KRS § 304.39-100. 7 KRS § 304.39-040. 8 KRS § 304.39-020; KRS § 304.39-050. 9 KRS § 304.39-020. 10 Id . 11 KRS § 304.39-241. 12 Taylor v. Jennison , 335 S.W.2d 902, 903 (Ky. 1960). 13 KRS § 304.39-060; Henson v. Fletcher , 957 S.W.2d 281, 282 (Ky. App. 1997) citing to Pro gressive Casualty Insurance Company v. Kidd , Ky. 602 S.W.2d 416, 417 (1980). 14 KRS § 304.39-230. 15 Id . 16 Lemmons v. Ransom , 670 S.W.2d 478, 479 (Ky. 1984). 17 Burton v. Farm Bureau Ins. Co. , 116 S.W.3d 475, 478 (Ky. 2003). 18 Masler v. State Farm Mut. Auto. Ins. Co. , 894 S.W.2d 633 (Ky. 1995). 19 State Farm Mut. Auto. Ins. Co. v. Baldwin , 373 S.W.3d 424 (Ky. 2012). 20 Id. associate in Richardson Law Group’s Louisville Office. Dwyer graduated

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