A car accident can turn your life upside down in seconds. One moment, you’re going about your day, and the next, you’re dealing with painful injuries, expensive medical bills, lost wages, and endless back-and-forth with insurance companies. While you focus on healing, there’s something else you need to remember: the legal deadline to file a claim is running out.
Kentucky has strict laws about how long you can claim injury or property damage after a car accident. If you miss the deadline, you could lose your right to compensation forever—even if the accident wasn’t your fault.
In most cases, you have one year to file a lawsuit for injuries and two years for property damage, but exceptions may apply. Understanding Kentucky’s statute of limitations is crucial to protecting your legal rights.
How Long Do You Have to File a Car Accident Claim or Accident Report?
- Filing an Accident Report
Kentucky law requires that any driver involved in an accident resulting in more than $500 in property damage must file a Civilian Collision Report with the Kentucky State Police (KSP) within 10 days—unless an officer responded to the scene and filed an official report.
This report is important because:
- It documents what happened, which can help if there are disputes later.
- Insurance companies often require it before they process a claim.
- Failing to report when required could lead to legal penalties.
Even if the damage seems minor, filing a report ensures that your side of the story is recorded and that you have an official record of the crash.
- Filing a Personal Injury Lawsuit
If you were injured in a car accident caused by someone else, Kentucky law generally gives you one year from the date of the accident to file a personal injury lawsuit.
This deadline applies to claims for:
- Medical expenses (hospital bills, surgery, physical therapy, prescriptions, etc.).
- Lost wages (if you missed work due to your injuries).
- Pain and suffering (emotional distress, reduced quality of life, permanent injuries).
One year isn’t much time to build a strong case. Evidence fades, witnesses forget details, and insurance companies delay claims—all of which can hurt your ability to recover full compensation. That’s why acting quickly and consulting a lawyer as soon as possible is crucial.
- Filing a Property Damage Lawsuit
If your accident only caused damage to your vehicle or other property, you have two years from the accident date to file a lawsuit against the at-fault driver.
This includes:
- Repair or replacement costs for your car.
- Damage to personal property (such as items inside your vehicle).
This two-year deadline also applies if you’re suing your insurance company for unpaid claims under your policy.
- Exceptions That Can Change the Deadline
While the one-year and two-year limits apply in most cases, some exceptions may extend or shorten the deadline, including:
- Minors (Under 18 Years Old) – If the injured person is under 18, the statute of limitations may be delayed until they turn 18.
- Out-of-State Defendants – If the at-fault driver moves out of Kentucky after the crash, the deadline may be paused until they return.
- Government Claims – If your accident involves a government vehicle, shorter deadlines may apply, and special procedures must be followed.
Since these rules can be complicated, it’s best to consult an attorney early to avoid losing your right to file a claim.
Statute of Limitations in Kentucky
The Kentucky statute of limitations for car accidents is primarily governed by Kentucky Revised Statute § 304.39-230, which sets strict deadlines for filing lawsuits related to injuries and damages. If you fail to file within these time limits, you lose your legal right to seek compensation, no matter how strong your case is.
Time Limits for Filing a Car Accident Lawsuit in Kentucky
- One Year for Personal Injury Claims – If you were injured in a car accident, you have one year from the date of the crash to file a lawsuit against the at-fault driver. This includes claims for medical expenses, lost wages, and pain and suffering.
- Two Years for Property Damage Claims – If your car or other property was damaged in the accident, you have two years from the accident date to file a lawsuit to recover repair or replacement costs.
Why Waiting Too Long Can Cost You Your Case
Many people assume they don’t need to worry about the statute of limitations if they are still negotiating with an insurance company. Unfortunately, this is a mistake that insurance companies take full advantage of.
- The statute of limitations does not stop running just because you’re waiting for an insurance settlement.
- If the deadline passes and you haven’t filed a lawsuit, the court will dismiss your case automatically, leaving you with no legal options to recover compensation.
- Insurance companies know this, which is why they often delay or stall the claims process, hoping that you’ll miss the filing deadline and they won’t have to pay.
What is Kentucky’s No-Fault Insurance Law?
Kentucky follows a no-fault auto insurance system, meaning that your insurance pays for your initial medical bills and lost wages, no matter who caused the accident. This is covered under Personal Injury Protection (PIP) coverage, which all drivers must carry unless they opt out.
PIP coverage provides:
- At least $10,000 in medical benefits and lost wages per person.
- Coverage for the driver and passengers in the insured vehicle.
However, you cannot sue the at-fault driver for pain and suffering unless you meet Kentucky’s lawsuit threshold, which means:
- Your medical expenses exceed $1,000.
- You suffered a broken bone, permanent injury, or disfigurement.
If you opt out of the no-fault system, you keep the right to sue the at-fault driver immediately—but this also means you can be sued more quickly if you cause an accident.
What Are the Legal Consequences of Failing to Report an Accident?
Not reporting an accident when required can lead to:
- Fines or penalties for violating state law.
- Difficulties filing an insurance claim if there is no official accident report.
- Challenges proving fault if you later decide to file a lawsuit.
Even if it seems like a minor accident, having a documented report can protect you later.
How a Car Accident Lawyer Can Help if You’re Close to the Deadline
If Kentucky’s statute of limitations is about to expire, time is running out. Filing a lawsuit takes time; missing the deadline means losing your right to compensation forever.
A car accident lawyer can help by:
- Confirming the exact deadline for your case.
- Gathering evidence and witness statements to build a strong case.
- Negotiating with insurance companies to get the best settlement.
- Filing your lawsuit before the deadline to protect your rights.
If you’re running out of time to file a car accident claim, don’t wait another day. At Pacin Levine, P.A., we know how to handle tight deadlines and fight for the compensation you deserve.
Call 1-800-24-7-CRASH (2727) today for a free consultation. You don’t have to face this alone—let us fight for you.
