Personal Injury Protection litigation has been changing rapidly over the past 10 years in Kentucky and our firm has been at the forefront of handling many of the “bad faith” cases arising out of denial of benefits. Before denying benefits in Kentucky, Insurers need to make sure several steps have been followed and that they have complied with many sections of the Kentucky Motor Vehicle Reparations Act (KMVRA). Denial of benefits requires a “good faith” basis for the denial and the Appellate Courts in Kentucky have in recent years altered what will constitute a “good faith” basis. Further complicating the matter, an Insurer has only 30 days to deny the payment being sought or the KMVRA automatically designates them as “reasonable and necessary.” Our Firm is well versed in the Kentucky Personal Injury Protection law and can assist you with all your needs.
Our Firm has handled many personal injury cases involving a multitude of different aspects of the KMVRA, including claims for unpaid PIP, entitlement to attorney’s fees, whether a client is entitled to a set off for benefits a claimant received or should have received at trial post judgment. Specifically, one interesting area our firm has developed expertise involves entitlement to a set-off by the Firm’s client when the claimant has added reparations’ benefits, and when they did not utilize all of those benefits. The question has arisen as to whether the Firm’s client is entitled to a set-off on what was actually paid, or as we have successfully argued, the client is entitled to a set-off for the total amount of available benefits regardless of whether they were taken advantage of, so long as claimant is claiming medical expenses high enough to merit such a set-off. This particular problem is just one of many ways in which our Firm can provide skilled representation on PIP coverage issues.