Car Accident Claims in Kentucky

A driver in a crash on a Kentucky highway that causes a death, any personal injury (or a known or visible injury), or damage that leaves a vehicle inoperable must immediately notify a law enforcement officer or agency with jurisdiction (or a 911 public safety answering point), if physically able and if they have a working phone or other device. If the driver does not or cannot, the owner or any occupant must make the report. The officer then investigates and files a written report.

If no law enforcement officer investigates the crash, a driver in a crash on a Kentucky highway involving injury, death, or property damage over $500 must file a written report with the Kentucky State Police within 10 days, on forms the department provides. These driver reports are confidential, but are available to the parties, their insurers, their lawyers and certain others.

A driver in a crash causing injury, death, or damage to an attended vehicle or property must immediately stop, find out the extent of the injury or damage, and give reasonable help, including arranging transport for medical treatment when needed. On request, the driver must give the vehicle's registration number and the names and addresses of the owner, occupants and driver (up to five names). On an interstate or parkway, if no one is killed or visibly injured and no hazardous materials are involved, the driver must move the vehicle off the roadway as soon as it is safe. For an unattended vehicle or property, the driver must stop and notify the owner, leave a written note, or report to local police. Violating the stop-and-help duty is punishable by a $20 to $2,000 fine and/or up to 1 year in jail, or a Class D felony if the crash involved death or serious physical injury and the driver knew or should have known it.

Kentucky is a no-fault (choice) state. Required liability coverage is at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage (or a $60,000 single limit), plus basic reparation (personal injury protection) benefits of up to $10,000 per person. Drivers who accept the no-fault system may sue for pain and suffering only if medical expenses exceed $1,000 or the injury involves permanent disfigurement, a fracture, loss of a body member, permanent injury or loss of bodily function, or death. A person may reject the tort limitation in writing on a Department of Insurance form before an accident.

Kentucky uses comparative fault. In tort cases involving fault of more than one party, the jury (or judge) finds the total damages and the percentage of fault of each party, including the injured person, and the award is set according to those percentages. The statute does not bar recovery when the injured person is partly at fault, which is generally described as pure comparative fault.

In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later.

A lawsuit for taking, detaining or injuring personal property (for example, damage to a car) must be filed within two years from when the cause of action accrued.