Accidents: Auto

No Fault Insurance (PIP) And The Assigned Claims Plan

            Kentucky Revised Statutes, Chapter 304 and Subtitle 39, Section 170 promulgates and adopts the Assigned Claims Plan.  Every insurance company that qualifies as a basic reparations obligor must provide security (PIP benefits) pursuant to KRS Chapter 304, Subtitle 39, and by operation of state law becomes a participating member in the Assigned Claims Plan.  As a condition of its approval by the Executive Director of Insurance each approved insurance company becomes an authorized provider of basic reparations insurance.  When an insurance company receives an assignment under the Assigned Claims Plan, the insurance company must act promptly to determine if the person is eligible.  If the person is ineligible, the insurance company must promptly communicate to that person the reasons why he is ineligible.

Who is eligible for assigned claims benefits?

Any person who suffered an economic loss as a result of an ACCIDENTAL BODILY INJURY occurring in Kentucky and arising out of the maintenance or use of a motor vehicle.

Exceptions (people not eligible for Assigned Claims)

–  persons who intentionally cause injury to himself or another person(s)

–  persons injured while using a converted (stolen) vehicle without a good faith belief that he was legally entitled to use the vehicle

–  persons who rejected the limitations of their tort rights pursuant to the No Fault Act

–  persons who are owner/occupant of a motor vehicle subject to Kentucky’s No Fault Act and the vehicle was not insured, those people cannot get PIP benefits under the Assigned Claims Act.

How do you file a claim under the Assigned Claims Plan?  You must complete a Kentucky No Fault application and a Supplement to The Application.  The Forms must be sent to the Assigned Claims Bureau.  You can get these forms on the Kentucky Insurance Plan website.