A Brief Guide To Kentucky’s Car Accident Laws
The statutory laws surrounding car accidents in Kentucky can get confusing at times. But, car accident statistics are quite clear. It is estimated that there are around 160,000 accidents and 700 deaths on Kentucky’s roads and highways every year.
After being in a Kentucky car accident, there are some state regulations that can heavily affect your accident claim. Therefore, it is crucial that you understand these state laws. In this brief guide, you will get to learn about Kentucky’s;
- no-fault laws,
- comparative negligence rule, and
- statutory time limits for filing a car accident claim involving injuries.
Kentucky’s No-Fault Laws
When it comes to car insurance coverage, Kentucky follows the “choice no-fault system” for purposes of compensation for car accident injuries. In a no-fault state, individuals injured in a car accident file a claim for their injuries with their insurance company first, rather than with an at-fault party’s insurance company. The insurance company then compensates the insured for medical expenses and other expenses regardless of fault. Because Kentucky is a choice no-fault state, drivers are allowed to opt-out of the no-fault requirement. If you opt-out of the no-fault system, you preserve your right to pursue a personal injury claim or liability claim against an at-fault party after an accident. However, even if you decide to go with no-fault coverage, you can still file a claim against an at-fault party after a car accident if your injury claim meets the statutory threshold. In Kentucky, an individual with no-fault coverage can file a claim against an at-fault party if:
- their car accident resulted in at least $1,000 in medical bills; or
- their car accident caused them to suffer permanent disfigurement, a broken bone, a permanent injury, or any permanent loss of a bodily function.
It is important to note that the no-fault requirements take effect on injury claims sustained after a car accident. This means you are free to pursue damages inflicted on your car by the at-fault party after a car accident.
Kentucky’s Comparative Negligence Rule
According to Kentucky law, Kentucky is a “pure comparative fault” state. Generally, this means that, if after a car accident, it is determined that you too are to blame for your accident, you can still obtain compensation from an at-fault party, even if you are 99% at fault.
Statute of Limitations for Kentucky Car Accident Claims
According to Kentucky law, if the injuries you suffered in a car accident because of another party’s fault make you eligible to file a lawsuit against the at-fault party, you need to file for your lawsuit within 2 years. Usually, the “clock” begins ticking on the date of the accident or on the date you get your last no-fault/PIP car insurance claim payment (whichever occurs later).
Contact a London Auto Accident Attorney
To learn more about the statutory rules that could impact your Kentucky car accident claim, don’t hesitate to contact the skilled and dedicated London auto accident lawyers at Cessna & George Law Firm at 606-770-5400 today. From our London office, we serve clients in Manchester, Corbin, Mount Vernon, Somerset, Barbourville, Williamsburg, and throughout Southeast Kentucky.
Resource:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=17782
