So, this is the problem. If you were at fault for the wreck, and it appears you were, then you can’t recover on the claim for pain and suffering. It is not the kind of case I would handle but, this is what you need to do.
First, call your own insurance company and if you have collision coverage on your car, use it. You will have to pay your deductible but since your car is a total loss, they will owe you fair market value for the car. If you don’t have collision coverage on the car, you are pretty much out of luck as there is no one to recover the value of the car from; since you appear to be at fault for the wreck. The other driver’s insurance will only pay for the damage to your vehicle, or the claim for pain and suffering, if you can show that their driver was at fault for the wreck. Since you can’t do that, in this instance, you don’t have a way of recovering for the damage to your car unless you had collision coverage, commonly known as full coverage, on that car through your own insurance company.
Second, the no-fault part of Kentucky law refers to the fact that your own automobile insurance company is responsible for the first $10,000 of your medical bills. So yes, if you are hurting from the car wreck, you can open a no-fault claim with your own car insurance company, and they will pay for your medical treatment. The no-fault coverage can also cover your lost wages too but only up to $200 a week and if a doctor takes you off work.