Can you sue for a car accident in KY?

Asked by: Mrs. Kaelyn Beahan  |  Last update: September 5, 2025
Score: 4.1/5 (13 votes)

Kentucky drivers must be offered a no-fault insurance policy with personal injury protection (PIP) coverage. If they opt to reject PIP coverage, they gain the right to sue an at-fault driver for damages. However, if they cause an accident, the other driver can also sue them without restriction.

How long do you have to sue after a car accident in Kentucky?

There is a two year statute of limitations for auto accident claims in Kentucky. This limitation is found in Kentucky Revised Statute § 304.39-230, which states: 304.39-320 Limitations of actions.

Is Kentucky a no-fault state for accidents?

The state of Kentucky is called a no-fault state because of a law stating that each driver in the state of Kentucky has to file a claim with their insurance company first to get compensation for medical bills and other financial losses caused by the accident according to their own insurance policy.

When should you sue after a car accident?

In California, the personal injury statutes of limitations are as follows: You have two years from the date of the injury to file a lawsuit. If you did not know that you were hurt right away, you have one year from the time that you discovered the injury.

What happens if no one is at fault in an accident?

But what will happen if no one is at fault for your car accident? You can always file a no-fault car insurance claim. The insurance provider will compensate the policyholder and its passengers for the cost of minor injuries and loss of income regardless of who caused the accident.

Should I Sue My Friend For A Car Accident?

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Should I file a claim if I'm not at-fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

Will insurance pay out if it was my fault?

Who pays for an at-fault accident? If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases compensation for other damages, such as pain and suffering.

How long after an accident can you make a claim?

Section 11 of the Limitation Act 1980 (LA 1980) states the limitation period for a personal injury claim, which include road traffic accident claims, is three years. The three-year time limit applies to either of the following. Three years from the date of the accident.

What are the chances of winning a personal injury lawsuit?

According to the U.S. Department of Justice, personal injury lawsuit outcome statistics include a majority (90 to 95 percent) settled before trial. Out of the small percentage that end up seeing a courtroom, the data suggests that the success rate of personal injury cases is around half.

Who pays for car damage in no-fault state?

In no-fault states, each party carries insurance that pays for their own injuries, while the at-fault party typically pays for everyone's property damage.

Can you go to jail for no insurance in Kentucky?

Kentucky insurance laws require all drivers to have coverage to drive on public roads legally. You can go to jail for no insurance in Kentucky, and may face fines and other penalties.

What is the bodily injury threshold in Kentucky?

The law mandates that your policy meets the following minimums: $25,000 for bodily injury, per person. $50,000 for total bodily injury, per accident.

Can you sue for pain and suffering in Kentucky?

“Pain and Suffering” is a legal term used to describe the discomfort and distress caused by a personal injury. The term encompasses both physical and mental trauma and Kentucky accident victims can expect to earn compensation for these types of non-economic hardships.

Who pays for car damage in a no-fault state in Kentucky?

In Kentucky, the no-fault car insurance law means that you will file a claim with your own car insurance provider after a car accident whether or not you caused the crash. Your own car insurance policy will cover your damages without requiring proof of someone else's fault.

How long do you have to sue after an accident?

You have two years to file a personal injury lawsuit resulting from a car accident in California. You have three years for property damage claims. If a government vehicle is involved, the statute of limitations is six months for personal injury.

How long after a bump can you claim?

Your insurance provider

Insurer time limits vary, so check your policy book for information. It's usually within 48 hours of the accident, even if you aren't planning to make a claim and if you wait for longer, you risk invalidating your claim.

How much can you get out of pain and suffering?

Settlements can range from thousands to millions of dollars. Recent jury verdicts in California personal injury cases have awarded substantial amounts, including over $1 million for future pain and suffering.

What is considered a good settlement?

In general, if you can get close to judgment value of the case in settlement, then it should be considered a very good settlement. One of the first considerations that attorneys and clients should factor in is the chance of prevailing on the issue of liability.

How do you get max payout from a car accident?

Follow these steps to get more money from your car accident settlement:
  1. Don't be in a rush to settle.
  2. Get all the medical treatment you need.
  3. Consider hiring a lawyer.
  4. Do not take the first offer (or the second)
  5. Seek professional legal advice about the value of your case.

Should I file an insurance claim if I am at fault?

If you damage someone else's vehicle during a significant collision, and you're at fault, you should always file a claim.

How do I get more for my totaled car?

6 Steps to get the most money from insurance for your totaled car
  1. Ask for the valuation report. ...
  2. Conduct your research on the value of your vehicle. ...
  3. Gather and provide supporting documentation. ...
  4. Consider getting a third-party appraisal. ...
  5. Negotiate with your insurance company. ...
  6. Get what is rightfully yours.

What happens if someone sues you for more than your insurance covers?

You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts. Wages (via wage garnishment)