Fayette County Circuit Court
120 N Limestone, Lexington, KY 40507
Court websiteKentucky · Car accident claims: what to do next
After a crash in Kentucky, PIP usually pays first. It comes from the policy on the car you were in. To get pain and suffering money from the other driver, your injury must usually pass a test.
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| Filing deadline | 2 years from the injury or the last PIP paymentKy. Rev. Stat. § 304.39-230(6) |
|---|---|
| Fault rule | Pure comparative faultSupreme Court of Kentucky: opinion No. 2013-SC-000325-DG (2015) |
| Insurance system | Choice no-fault (PIP)Kentucky Department of Insurance: No-Fault Coverage Uncovered |
| When to call police | Injury, death or a car that cannot be drivenKentucky Revised Statutes 189.635: Crash reports |
Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
Kentucky usually allows 2 years to file a car crash injury lawsuit. Exceptions can apply. The 2 years run from the injury, the death or the last PIP payment, whichever is later. A lawyer can confirm yours.
Source: Ky. Rev. Stat. § 304.39-230(6) · as of Oct 5, 2026
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

02 · Where cases are heard
Cases from Kentucky can be heard in Fayette County Circuit Court, Jefferson County Circuit Court. A lawyer can tell you which court fits your case.
Kentucky car policies, except for motorcycles, must include basic personal injury protection, or PIP. It pays up to $10,000 per person for each crash. That covers medical bills, lost wages of up to $200 a week, help at home and survivor benefits. It pays no matter who was at fault.
Source: Kentucky Department of Insurance: No-Fault Coverage Uncovered · as of Oct 5, 2026
Source: Kentucky Department of Insurance: No-Fault Coverage Uncovered · as of Oct 5, 2026
The state insurance office warns that with rising medical costs, basic PIP may not be enough for a serious injury, and you can buy more. For PIP issued or renewed on or after July 15, 2026, medical charges PIP pays are tied to the state workers' comp fee schedule.
Kentucky drivers are treated as accepting limits on suing, unless they reject them. Under these limits, you can claim pain and suffering from the other driver only in some cases. Your medical bills must be over $1,000, or the injury must include a broken bone, lasting scars, a lost body part, a permanent injury, a lasting loss of a body function, or death.
Source: Kentucky Revised Statutes 304.39-060: Limits on suits and how to reject them · as of Oct 5, 2026
You can reject these limits, and basic PIP for yourself, on a special written form filed with the state Department of Insurance. It must be filed before a crash. If you reject them, you keep full rights to sue, and others can sue you fully too.
Kentucky uses pure comparative fault. Each person in the case is given a share of the fault, and your money is cut by your own share. The state's top court has said the old rule, which barred anyone who was at all careless, is no longer the law.
Kentucky policies must cover at least $25,000 per person and $50,000 per crash for injuries you cause. They must also cover $25,000 for property damage. A single limit of $60,000 can be used instead. Policies must also include basic PIP.
Source: Kentucky Revised Statutes 304.39-110: Required minimum coverage · as of Oct 5, 2026
Source: Kentucky Revised Statutes 304.39-110: Required minimum coverage · as of Oct 5, 2026
Source: Kentucky Revised Statutes 304.39-110: Required minimum coverage · as of Oct 5, 2026
After a crash, drivers must stop and help anyone who is hurt. If anyone is hurt or killed, or a car cannot be driven, the driver must tell a police officer right away. If you hit a parked car, tell the owner, leave a note with your name, address and plate number, or report it to the local police.
If no officer looks into the crash and property damage is over $500, the driver must file a written report with the Kentucky State Police. It is due within 10 days, on the state's form.
Source: Kentucky Revised Statutes 189.635: Crash reports · as of Oct 5, 2026
Kentucky has a general 1-year limit for injury lawsuits. But car crash claims have their own rule. You can file a car crash injury lawsuit up to 2 years after the injury, the death or the last PIP payment. The latest of these dates counts.
A lawsuit for PIP benefits from your own insurer has its own limit. If PIP paid benefits, it is 2 years after the last payment. If not, it is 2 years after you knew of the loss, and no more than 4 years after the crash.
Kentucky's limits on suing and its 2-year crash rule make the details matter, and exceptions can apply to any deadline. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.
120 N Limestone, Lexington, KY 40507
Court website700 W Jefferson St, Louisville, KY 40202
Court websiteKentucky
Your money is cut by your share of the fault, but your share alone does not bar your claim. Your PIP pays first, no matter who was at fault. You can reject PIP and the limits on suing, in writing, before a crash.
Source: Supreme Court of Kentucky: opinion No. 2013-SC-000325-DG (2015) · as of Oct 5, 2026
Source: Kentucky Department of Insurance: No-Fault Coverage Uncovered · as of Oct 5, 2026
$10,000 per person
PIP pays medical bills, lost wages, help at home and survivor benefits, up to this amount for each crash.
Source: Kentucky Revised Statutes 304.39-020: No-fault definitions · as of Oct 5, 2026
Kentucky
Injury, death or a car that cannot be driven
The driver must tell a police officer right away.
Source: Kentucky Revised Statutes 189.635: Crash reports · as of Oct 5, 2026
For the overall process and updates, read the Car accident claims: what to do next overview. This page covers the local information available for Kentucky.
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Kentucky Department of Insurance · Publisher of the state no-fault consumer brochure
Finding: Basic PIP benefits pay for medical expenses, lost wages, replacement services and survivor benefits, no matter who was at fault. You cannot recover these and other damages from the at-fault party unless your injuries pass certain thresholds.
Kentucky Department of Insurance: No-Fault Coverage Uncovered (opens in a new tab) · Jan 19, 2021 · Checked Oct 5, 2026
Checked against 9 primary sources by People's Justice editors · Updated
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