Kentucky Statute Of Limitations Car Accident – Kentucky is one of the few no-fault states when it comes to car accident laws. Drivers involved in an accident apply to their insurance company for PIP coverage, regardless of who is at fault. Victims can take legal action against the at-fault driver in cases where the damages are greater than PIP coverage.
The laws surrounding car accidents in Kentucky can be confusing at times, but the statistics are pretty clear. Each year, about 160,000 traffic accidents and about 700 deaths occur on Kentucky roads and highways, according to the Kentucky Transportation Cabinet.
Kentucky Statute Of Limitations Car Accident
In this guide, we’ll review Kentucky’s statute of limitations for filing a police report and filing a claim for personal or property damage, details about the commonwealth’s no-fault insurance laws, and the damages that Kentucky car accident victims may be entitled to recover from a car accident.
Kentucky Car Accident Laws: When Can You File A Claim?
In cases where the police were not called to the scene of the accident, Kentucky law requires anyone involved in a car accident that caused more than $500 in property damage to file a civil collision report with the Kentucky State Police within 10 days of the accident.
You can file a civil collision report with KSP online through their website. If you file a CCR online with the Kentucky State Police, you will also be asked to download your own copy of the report for your files, as well as report your case number and insurance information.
However, in most cases, an accident report is filed at the scene of a car accident by law enforcement. As long as you or someone else involved in your accident or a witness calls 911, you don’t need to worry about reporting deadlines.
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If you suffered bodily injuries in a car accident caused by another party and those injuries exceed the limits of Kentucky’s no-fault law, then in most cases you have two years from the date of the accident or your last PIP payment. , the later of them. , to file a personal injury claim against the guilty party.
On the other hand, in cases of property damage only, Kentucky law allows the victim two years after an accident to file a claim for property damage against the at-fault party.
Certain factors can increase or decrease the time you have to file a claim in any case, so it is in your best interest to consult with an experienced car accident attorney as soon as possible after an accident.
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A Kentucky car accident attorney can advise you on the details of your case, including how the statute of limitations applies to you, and can help protect your legal rights to seek compensation.
Kentucky is one of 12 states that have “no-fault” car accident laws and require all drivers to carry personal injury protection (PIP) insurance.
In no-fault states, injured drivers and passengers first file a claim for their injuries through their own insurance rather than through the other driver’s insurance company. The insurance company pays the policy for medical bills and expenses, regardless of who is at fault in the accident, up to a certain limit.
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Kentucky allows drivers to opt out of the no-fault requirement after filling out a specific form. To learn more about Kentucky no-fault laws, you can read this guide we wrote on the topic.
If you have been injured in a Kentucky car accident, you may be able to receive compensation for your injuries or losses:
Your eligibility for different types of compensation depends on the details of your accident. For example, punitive damages generally only apply if the at-fault driver acted with “oppression, fraud, or malice.”
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An experienced car accident attorney will be able to analyze your case to identify all possible damages that you are entitled to recover. After investigating the details of your case, your attorney can negotiate the best settlement for you or represent your case in court if necessary.
If you have been injured or suffered property damage as a result of a car accident, you need an attorney who can advise you on the best course of action, protect your legal rights, and ensure that your case receives the care and attention it deserves. . .
Our attorneys understand the nuances and complexities of Kentucky car accident laws and can help you maximize the settlement value of your claim. Contact the experienced car accident attorneys at David Bryant Law today for a free consultation and case evaluation.
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David G. Bryant is admitted to practice in all Kentucky state courts and in federal courts in the Eastern and Western Districts of Kentucky, the Southern District of New York, the Southern District of West Virginia, the Northern District of Ohio, the Middle District of Tennessee, and the Western District. County of Pennsylvania. He is admitted to practice before the United States Supreme Court and the Court of Appeals for the Sixth Circuit. If you are involved in a car accident, you may want compensation for your injuries or the damage to your vehicle. In some cases, you may think the other driver is at fault and want to seek compensation from them. Car accidents are inherently stressful, and the last thing you want to think about is the claim deadline. However, you should know that you may only have a year or two from the date of the accident to file a claim for compensation.
The Statute of Limitations sets a date in which a party can file a lawsuit for various causes of action. Generally, statutes of limitations give parties a certain number of years to file lawsuits, or the lawsuits are permanently barred. There are exceptions when a party may file a claim after the statute of limitations has expired, but generally, the public interest is served when claims are filed in a timely manner. This is because evidence can disappear over time, people need to get on with their lives without the threat of a lawsuit hanging over their heads, and a host of other reasons.
Most of the time in Kentucky, a party will have a year or two after a car accident to file a lawsuit against the party they believe is at fault. Whether you have one or two years depends on the nature of the injury and who you are seeking compensation from.
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Sometimes it is not possible to file a complaint in time. Perhaps the defendant is missing and cannot be found, or you discovered his injuries long after the accident. In some cases, the victim may be under the age of 18, so the statute of limitations may not begin to run before the victim’s 18th birthday. There are many reasons why a plaintiff acting in good faith may not file within the deadline, and courts are generally reasonable to allow lawsuits to continue if good cause can be demonstrated.
If you or a loved one have been involved in a car accident and are considering seeking compensation from another party, contact a Lexington, Kentucky car accident attorney as soon as possible. Call (859) 231-0202 or fill out our online form for a free consultation. Don’t let the clock run out! Yes, Kentucky is a “no-fault election” state, meaning that by default Kentucky drivers are required to have PIP coverage on their auto policy and file their own accident claims first. insurance, but the Commonwealth allows drivers to opt out of the no-fault system upon request.
A no-fault state is any state with laws that state that drivers must first file a claim with their insurance company after a car accident in order to receive compensation for things like medical bills and expenses caused by the accident. Injured drivers and passengers also waive the right to sue the other driver, unless certain threshold conditions are met.
Kentucky Car Accident Laws: Understanding No Fault State, No Fault Insurance, And Your Right To Sue
No-fault states also require their drivers to carry personal injury protection coverage. It pays medical expenses regardless of fault.
As of January 2021, 12 states and the territory of Puerto Rico have no-fault laws. Some of these states, including Kentucky, are called “no-fault choices” because they offer drivers the option to opt out of no-fault laws after meeting certain requirements.
Kentucky requires a minimum of $10,000 of PIP coverage per person, per accident, for medical expenses, lost wages and out-of-pocket costs related to the injury. Other plans are available to Kentucky drivers that have higher premiums but larger coverage amounts.
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The benefits of no-fault laws are that they protect drivers from being sued for causing an accident unless the cost or damage caused by the accident reaches a certain threshold. This means there are fewer cases confusing our legal system.
In theory, no-fault laws also make the claims process faster, as drivers file a claim with their own insurance company instead of coordinating with the other driver’s insurance company. PIP insurance is also paid regardless of who was at fault in the accident, so even if you caused the accident, some of your medical expenses are covered.
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Kentucky Car Accident Lawyer
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