WheelsAccident Advice

Kentucky (KY)

Kentucky car accident laws

By Serdar Arslan, editor · Last reviewed · How we research

The clock on a Kentucky injury lawsuit does not always start on the day of the crash. Under the state's no-fault law, you generally have 2 years from the crash or from the last personal injury protection (PIP) payment, whichever is later. Property damage claims stick to 2 years from the crash, and wrongful death deadlines depend on when a personal representative is appointed, so those call for prompt legal advice.

That PIP link comes from Kentucky's choice no-fault system. Unless you file a rejection form with the Department of Insurance before a crash, your policy pays up to $10,000 per person in benefits, and suits for pain and suffering require more than $1,000 in medical expenses or a serious injury like a broken bone. Pure comparative fault lets even a mostly-at-fault driver recover a reduced share. The state constitution bars damage caps in ordinary lawsuits, but claims against the Commonwealth go to the Board of Claims within 1 year and top out at $250,000 per claimant. When property damage exceeds $500 and no officer files a report, each driver must report to the State Police within 10 days.

Key rules at a glance

Personal injury filing deadline
Generally 2 years from the date of the crash or the date of the last no-fault (PIP) payment, whichever is later
Property damage deadline
Generally 2 years from the date of the crash for vehicle and other property damage
Source: KRS 413.125
Wrongful death deadline
Wrongful death deadlines in Kentucky depend on when a personal representative is appointed and how the no-fault law applies. Check the statute or ask a licensed attorney promptly.
Claims against a government entity
Negligence claims against the Commonwealth of Kentucky and its agencies generally must be filed with the Board of Claims (Kentucky Claims Commission) within 1 year of the incident. A single award cannot exceed $250,000, and total awards from one negligent act are capped at $400,000. Claims against cities and counties follow different rules.
Fault rule
Pure comparative fault: Your damages are reduced by your percentage of fault, even if you were mostly at fault.
Source: KRS 411.182
Insurance system
Choice no-fault · Unless you reject the no-fault system, your policy pays up to $10,000 per person in basic reparation benefits (PIP) for medical bills, lost wages and similar economic losses, regardless of fault. You can sue for pain and suffering only if medical expenses exceed $1,000 or you have a broken bone, permanent injury, permanent disfigurement, loss of a body part or function, or death. You can reject the tort limits by filing a form with the Kentucky Department of Insurance before a crash, but you then generally give up these PIP benefits (KRS 304.39-020, 304.39-060).
Minimum liability insurance
$25,000 per person / $50,000 per accident bodily injury; $25,000 property damage
Uninsured motorist coverage
Not required (usually offered; you may reject it in writing)
Damage caps
Kentucky's constitution bars caps on damages for injury or death in ordinary lawsuits, so car accident cases between private parties generally have no cap. Claims against the Commonwealth through the Board of Claims are capped at $250,000 per claimant and $400,000 per negligent act.
Reporting a crash
If a crash causes property damage over $500 and no police officer investigates it, each driver must file a written report with the Kentucky State Police within 10 days using the online civilian collision report system.

Getting your crash report in Kentucky

Kentucky State Police crash reports can be bought online through BuyCrash. You can also request a copy at a KSP post or in writing from the KSP Legal Services Branch in Frankfort (by mail, email, fax or hand delivery). For crashes handled by city police or a sheriff, ask that agency.

Checking a Kentucky lawyer

Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.

707 people died in motor vehicle crashes in Kentucky in 2024, according to NHTSA FARS (2024).

Frequently asked questions

›Can a PIP payment push back my Kentucky filing deadline?

Yes. For injury claims, you generally have 2 years from the crash or from the last PIP payment, whichever is later (KRS 304.39-230). Property damage claims have 2 years from the crash (KRS 413.125). Wrongful death has its own rules, so ask a licensed attorney promptly.

›What happens if I reject no-fault in Kentucky?

You can file a rejection form with the Kentucky Department of Insurance before a crash. You then keep your full right to sue for pain and suffering, but you generally give up the $10,000 in PIP benefits. Without a rejection, you can sue only above the threshold, such as more than $1,000 in medical expenses or a broken bone.

›Does Kentucky bar my claim if I was mostly at fault?

No. Kentucky uses pure comparative fault (KRS 411.182), so your damages are reduced by your percentage of fault but never cut off entirely. A driver found 70% at fault could still recover 30% of their damages.

›When do I have to file my own crash report in Kentucky?

If the crash caused more than $500 in property damage, each driver must file a written report with the Kentucky State Police within 10 days through the online civilian collision report system. This does not apply if an officer at the scene said they would make a report.

›Are damages capped in Kentucky car accident cases?

Not in ordinary lawsuits between private parties, because Kentucky's constitution bars caps on damages for injury or death. Claims against the Commonwealth through the Board of Claims are different: they are capped at $250,000 per claimant and $400,000 per negligent act.

Sources

  1. KRS 304.39-230, limitation of actions (Justia, 2011 version)
  2. KRS 413.125 (Kentucky General Assembly)
  3. KRS 411.182 (Justia, 2025)
  4. KRS 189.635 (Justia, 2025)
  5. KRS 304.39-110 (Kentucky General Assembly)
  6. Kentucky Claims Commission – Negligence claims FAQ
  7. Kentucky Bar Association – Lawyer referral services
  8. Louisville Bar Association – Need a lawyer?