Car Accident Laws in Kentucky
From busy urban centers like Louisville to quiet country roads, car accidents in Kentucky can happen anywhere. If you’ve been injured in a crash, it’s important to understand how Kentucky’s car accident laws work—especially its unique insurance rules. This guide outlines your legal rights, responsibilities, and options for seeking compensation after a crash in the Bluegrass State.
Kentucky Is a Choice No-Fault State
Kentucky is a “choice no-fault” state. This means drivers can either accept or reject the no-fault system when purchasing car insurance.
If you choose no-fault coverage, your Personal Injury Protection (PIP) benefits will pay for medical bills, lost wages, and other out-of-pocket costs—regardless of who caused the accident. If you reject the no-fault option, you retain the right to sue the at-fault driver for all damages, but you waive PIP benefits.
The standard PIP coverage in Kentucky includes:
- $10,000 in medical and disability benefits per person
- Optional higher limits and additional benefits
When You Can Sue the At-Fault Driver
Even if you have PIP coverage, you may still be able to sue the other driver if your injuries meet certain criteria. You can step outside the no-fault system and pursue a claim if:
- Medical expenses exceed $1,000
- The injury includes a broken bone, permanent disfigurement, permanent injury, or death
Once this threshold is met, you may be eligible for compensation beyond what PIP covers, including pain and suffering.
Pure Comparative Negligence Rule
Kentucky follows the pure comparative negligence rule. This means you can recover damages even if you are mostly at fault for the accident. However, your compensation will be reduced by your percentage of responsibility.
For example, if you are awarded $20,000 in damages but found 60% at fault, you would still receive $8,000.
Minimum Auto Insurance Requirements in Kentucky
To legally drive in Kentucky, you must carry minimum insurance coverage of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
- $10,000 in PIP benefits (unless waived)
Uninsured and underinsured motorist coverage is not required but strongly recommended.
Statute of Limitations for Car Accident Lawsuits
If you are injured in a car accident in Kentucky, you have two years from the date of the accident—or the last PIP payment—to file a personal injury lawsuit. Property damage claims must be filed within two years of the accident date.
If you miss this deadline, the court will likely dismiss your case, even if you have a valid claim.
Reporting a Car Accident in Kentucky
You must report a car crash to the police if:
- The accident results in injury or death
- Property damage exceeds $500
You should also file a written accident report with the Kentucky State Police within 10 days if law enforcement did not come to the scene.
What Happens if the Other Driver Is Uninsured?
If you’re hit by an uninsured driver, your uninsured motorist (UM) coverage—if you purchased it—can help cover your injuries and damages. If the at-fault driver has too little insurance to fully compensate you, underinsured motorist (UIM) coverage may apply.
These types of coverage are optional in Kentucky but provide important financial protection.
Compensation Available After a Crash
If you step outside the no-fault system or have rejected it altogether, you may be entitled to recover:
- Medical expenses not covered by PIP
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Vehicle and property damage
Punitive damages may be available in extreme cases involving gross negligence or intentional wrongdoing.
What About Passengers?
Passengers are generally covered under the driver’s PIP policy, unless the driver opted out of no-fault. If the passenger’s injuries are serious, they may pursue a liability claim against the at-fault driver—whether that’s the person operating their car or another vehicle involved in the crash.
Do You Need a Car Accident Lawyer in Kentucky?
Car accident cases in Kentucky can be complex due to the “choice no-fault” rules and various insurance scenarios. A lawyer can help you understand your coverage, meet critical deadlines, and fight for maximum compensation. Most offer free consultations and only get paid if they recover money for you.