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 Source: KRS 304.39-230(6) |
|---|---|
| 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. Source: KRS Chapter 49 (KRS 49.040) |
| 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 Source: KRS 304.39-110 |
| 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. Source: KRS 189.635(6)(a) |
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.
- License search: Kentucky Bar Association – Directory of Kentucky Attorneys
- Lawyer referral: Kentucky Lawyer Referral Service (Louisville Bar Association) · 502-583-1801
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
- KRS 304.39-230, limitation of actions (Justia, 2011 version)
- KRS 413.125 (Kentucky General Assembly)
- KRS 411.182 (Justia, 2025)
- KRS 189.635 (Justia, 2025)
- KRS 304.39-110 (Kentucky General Assembly)
- Kentucky Claims Commission – Negligence claims FAQ
- Kentucky Bar Association – Lawyer referral services
- Louisville Bar Association – Need a lawyer?