Kentucky · Car accident claims: what to do next

Car accident claims: what to do next in Kentucky

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 deadline2 years from the injury or the last PIP paymentKy. Rev. Stat. § 304.39-230(6)
Fault rulePure comparative faultSupreme Court of Kentucky: opinion No. 2013-SC-000325-DG (2015)
Insurance systemChoice no-fault (PIP)Kentucky Department of Insurance: No-Fault Coverage Uncovered
When to call policeInjury, 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

The short answer

Does my own insurance pay first after a crash in Kentucky?
Yes, in most cases. Kentucky car policies must include personal injury protection, or PIP. It pays medical bills, lost wages and some other costs up to a set limit, no matter who was at fault. You claim PIP from the policy on the car you were in. [2]
Can I file a claim against the other driver in Kentucky?
Yes, but for pain and suffering your injury usually must pass a state test. Your medical bills must go over a set amount, or the injury must be serious, like a broken bone. People who turned down these limits in writing before the crash keep full rights to sue. [7]
What is different about Kentucky's fault rule?
Kentucky uses pure comparative fault. Your money is cut by your share of the fault, but your share never bars your claim on its own. The state's top court said the old rule that barred any careless person is no longer the law. [1]
Is there a deadline to sue after a crash in Kentucky?
Yes. A car crash injury lawsuit usually must be filed within 2 years. The 2 years run from the injury, the death or the last PIP payment, whichever is later. Exceptions can apply, and a lawyer can tell you which deadline fits your crash. [5]

01 · Your filing deadline

What is the deadline in Kentucky?

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.

2 years from the injury or the last PIP payment

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.

Woman on the phone on her sofa, smiling
A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be 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.

Who pays first: PIP

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.

Claiming against the other driver

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.

How fault is shared

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.

Coverage drivers must carry

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

Reporting the crash

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

Deadlines

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.

Fayette County Circuit Court

120 N Limestone, Lexington, KY 40507

Court website

Jefferson County Circuit Court

700 W Jefferson St, Louisville, KY 40202

Court website

Kentucky

What is different about Kentucky?

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

Kentucky

Local offices and resources in Kentucky

How this works nationally

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.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

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What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

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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