In Kentucky, car accidents happen far too often, leading to serious injuries and tragic losses. In 2023, there were 813 fatalities on Kentucky roads—the highest number since 2016. That’s an increase from 744 deaths in 2022. With thousands of crashes happening each year, it’s important to understand your legal rights if you or a loved one is involved in a serious accident. Knowing the KY statutes for vehicle accidents can make all the difference in protecting your rights and getting the compensation you deserve.
Understanding KY Statutes for Vehicle Accidents
Kentucky law sets specific deadlines, known as statutes of limitations, for filing lawsuits related to vehicle accidents. Under these statutes, you typically have two years from the accident date or from the last PIP (Personal Injury Protection) payment to file a lawsuit against the responsible driver.
However, these time limits aren’t always set in stone. There are certain situations where the court may extend or “toll” the statute of limitations:
- Minors Involved in Accidents: If a child under 18 is injured in a car accident, the two-year clock doesn’t start ticking until their 18th birthday. This extension allows young victims time to seek justice once they are of legal age.
- Physical or Mental Incapacity: If the injured party is physically or mentally incapacitated, the statute of limitations may be paused until they regain capacity, ensuring they don’t miss out on filing a claim due to their condition.
- Defendant’s Absence or Concealment: If the at-fault driver leaves Kentucky or hides within the state to avoid a lawsuit, the clock may stop until they can be properly served with legal papers.
Working with an experienced attorney can ensure that your lawsuit is filed within the appropriate timeframe. At Pacin Levine, P.A., we diligently track filing deadlines and manage all legal aspects to ensure your claim is timely and effective.
Kentucky’s “No-Fault” Insurance System
Kentucky operates under a no-fault insurance system, meaning that your insurance company covers your medical expenses and lost wages, regardless of who caused the accident. Each auto insurance policy in Kentucky includes a minimum of $10,000 in Personal Injury Protection (PIP) coverage, though you can choose to purchase more.
PIP coverage helps injured drivers and passengers quickly receive compensation for:
- Medical bills
- Lost wages
- Essential services (such as household help)
While the no-fault system aims to reduce lawsuits and expedite compensation, it also limits your ability to sue the at-fault driver. You can only step outside the no-fault system and file a lawsuit if your injuries meet certain criteria:
- Medical expenses exceed $1,000
- You suffer a broken bone
- You sustain a permanent injury or disfigurement
- The accident results in fatal injuries
However, you have the option to reject the no-fault system by filing a form with the Kentucky Department of Insurance, allowing you to sue for all damages regardless of the injury threshold. Knowing your options can help you decide your situation’s best course of action.
Comparative Negligence in Kentucky
Car accidents aren’t always one person’s fault. Sometimes, both drivers share some responsibility. But does that mean you can’t get compensation? Not in Kentucky. The state follows a pure comparative negligence rule, which means you can still recover damages even if you were partly to blame.
However, your compensation will be reduced based on your share of fault. For example, if you were found 20% responsible for an accident and had $80,000 in damages, your final compensation would be $64,000 after deducting your share of the fault.
This system allows accident victims to get some financial relief, even if they made mistakes. If you’re dealing with a car accident claim, understanding how this rule works can help you know what to expect when seeking compensation.
How Does Kentucky’s Personal Injury Statute of Limitations Affect My Claim?
Kentucky’s personal injury statute of limitations plays a critical role in your ability to seek compensation after a car accident. Filing a lawsuit beyond the two-year deadline typically results in losing your right to pursue damages in court, no matter how severe your injuries are.
Adhering to these deadlines is crucial for securing compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
An experienced attorney can help you navigate these time-sensitive requirements, gather essential evidence, and build a compelling case that maximizes your chances of success. Don’t let a missed deadline stand between you and the compensation you deserve—act promptly to protect your rights.
Need to Speak with an Experienced Kentucky Personal Injury Attorney? Call Now for a Free Consultation!
Beyond the physical pain, you may be dealing with medical bills, lost wages, and emotional stress. If you’ve been injured in a vehicle accident in Kentucky, knowing the KY statutes for vehicle accidents and acting within the legal deadlines is crucial.
At Pacin Levine, P.A., we’re here to help. Our experienced attorneys understand the legal system and will guide you through every step of the process. We handle the paperwork, track deadlines, and fight to get you the compensation you deserve.Contact Pacin Levine, P.A. today at 1-800-24-7-CRASH (2727) for a free consultation. We’re available 24/7 to discuss your case and help you take the first step toward financial recovery and justice.
