What Are Kentucky's Car Accident Laws?

After a car accident in Kentucky, here are the state laws you need to know about:

• There's a two-year deadline for filing most car accident lawsuits in Kentucky's civil court system.
• Kentucky's claimant-friendly "pure comparative fault" rule lets you recover compensation for your car accident-related losses from other liable parties, even if you're partly (or even mostly) responsible for causing the car accident.
• You'll almost certainly need to report a car accident to the Kentucky State Police within 10 days of the crash, using the state's Online Civilian Traffic Collision Report system.

Let's look at these and a few more state laws that could have a big impact on any car accident claim you decide to make.

Kentucky Is a No-Fault Car Insurance State

Kentucky is one of a dozen or so no-fault car insurance states. That means you usually need to file a claim under your own personal injury protection coverage to get compensation for medical bills and other financial losses after a car accident, regardless of who caused the crash. Only if your injury claim meets certain prerequisites can you step outside of no-fault and bring a claim directly against the at-fault driver. The discussion in the following sections presumes that you're able to do that. Learn more about Kentucky's car insurance rules.

What Is the Kentucky Car Accident Statute of Limitations?

A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court.

Unlike most states, where the statute of limitations for a general personal injury lawsuit will apply to car accident injury claims, Kentucky has a distinct statute of limitations for car accident injury lawsuits—which you can find at Kentucky Revised Statutes section 304.39-230—and it works somewhat in tandem with the state's no-fault car insurance rules.

This special filing deadline applies if you were injured in a car accident in Kentucky, and the nature and extent of your injuries let you step outside the no-fault system and file a lawsuit against the driver or other individual responsible for the accident. In these cases, you have two years to get your car accident injury lawsuit filed, and the two-year "clock" starts to run on the date of the accident, or the date on which you received your last no-fault (or "personal injury protection") car insurance claim payment, whichever occurs later.

What About Lawsuits for Property Damage After a Kentucky Car Accident?

The time limit is the same for a potential plaintiff whose vehicle or other personal property was damaged as a result of the car accident, but the applicable statute of limitations is different. Any lawsuit for these kinds of losses must also be filed within two years of the date of the accident, but that time limit can be found at Kentucky Revised Statutes section 413.125. Learn more about property damage claims in Kentucky.

What If I Miss the Statute of Limitations Deadline in Kentucky?

If you try to file your lawsuit after the applicable time limit has passed, you can count on the defendant (the person you're trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That's why it's crucial to understand how the statute of applies to your situation.

Does the Statute of Limitations Apply to a Kentucky Car Insurance Claim?

No. Any insurance company, whether your own or the other driver's, is going to require you to make a claim—or at least give the insurer notice of an incident that could trigger a claim—"promptly" or "within a reasonable time" after the accident. That usually means a matter of days, or a few weeks at most. Learn more about contacting your car insurance company after an accident.

Even if you're confident that your case will be resolved through the car insurance claim process, you'll want to leave yourself plenty of time to file a lawsuit in case you need to—if for no other reason than that you'll have more leverage during settlement talks.

What If I'm Partly at Fault for My Kentucky Car Accident?

Under Kentucky Revised Statutes section 411.182, Kentucky is a "pure comparative fault" state. This means that the amount of compensation you can recover in a car-accident-related lawsuit is reduced by the same percentage as your level of fault in causing the crash.

For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $100,000. However, the jury also thinks that you were 10 percent responsible for the crash. In that situation, the total amount of your damages, $100,000, is reduced by 10 percent, or $10,000, leaving you with a total award of $90,000. Even if you're found mostly at-fault for the accident, you can still recover for your losses against other at-fault parties, just be prepared to see any damages award significantly reduced.

The comparative negligence rule binds Kentucky judges and juries (if your car accident case makes it to court), and it will also guide a car insurance claims adjuster when they're evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.

Do I Need to Report a Car Accident in Kentucky?

Kentucky law says that any driver who is involved in an accident that results in any kind of property damage exceeding $500 must file a written report with the Kentucky State Police within 10 days of the crash, using the state's Online Civilian Traffic Collision Report system. If a law enforcement officer came to the scene of the accident and indicated that they'd be making a report, you don't need to file your own report.

What Is a "Salvage Title" in Kentucky?

A Kentucky vehicle owner must get a "salvage title" on any vehicle that has been damaged to the extent that the cost of repairing it would exceed 75 percent of its "actual cash value" at the time of the damage (not including the cost of reinstalling a deployed airbag).

Understanding the laws that might come into play after a car accident in Kentucky is one thing, but if you've been injured in a crash, you might need more than just information. Learn how an attorney can help with a car accident case.