Friday, September 18, 2009


Probably the most common mistake made by accident victims is that they fail to act to protect their no-fault benefits for lost wages. Most of the time, victims fail to realize that they have this right and lose it because their no-fault is quickly exhausted by medical expenses.

Perhaps you are wondering why you would want to protect your no-fault benefits for lost wages. First of all, protecting your no-fault for lost wages is only important if you are off work as a result of your injuries and replacing those wages is important to you. If you do not miss any work or your job provides adequate lost wage replacement benefits (i.e. short and/or long term disability benefits or Aflac-type benefits), then you do not need to be concerned about protecting your no-fault benefits for lost wages.

If you are like most people, you will miss some work and you will want the wage replacement benefits provided by no-fault. Kentucky law allows for you to contact your no-fault insurance company and instruct them to only pay lost wages. The reason this is important is because your medical expenses will exhaust your no-fault benefits before your need for lost wage benefits expire. By protecting your no-fault benefits, you can submit your medical expenses to your health insurance and save your no-fault for lost wages until that need expires.

The right to hold open no-fault benefits is a right that many attorneys and insurance companies fail to know or understand. Your health insurance company may say they will not pay anything until after the no-fault is exhausted. But they are wrong. It is important to have competent counsel from an attorney early in your case in order to protect your no-fault beneits for lost wages.

If you have any questions regarding your no-fault benefits, you may contact attorney Matthew Troutman at 502-241-8000 or by email at

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