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Motorcyclist still not allowed to recover medical expenses to the extent PIP benefits are payable
May 9th, 2011Kentucky is a no-fault state. As a result, to the extent medical expenses and other no-fault benefits are payable by your insurance company, you can not recover those medical bills and other benefits from the insurance carrier for the at-fault driver. In an unpublished decision, the Kentucky Court of Appeals said this provision applies to motorcyclists as well and motorcyclists may not recover the first $10,000 in medical expenses and/or other no-fault benefits. This case is just upholding how the statute reads.
Very simply, even though a motorcyclist is insured, Kentucky law prevents them from recovering the first $10,000 in medical expenses unless they have purchased optional, no-fault benefits.
The Kentucky State Bar requires me to say that COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.
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