What To Do After a Car Accident in Kentucky
A step-by-step checklist from the scene to your claim — built specifically for Kentucky’s no-fault insurance system and your rights under state law.
Kentucky’s car accident laws have specific rules that affect what you’re entitled to and how you pursue it. Your insurer pays your medical bills first, regardless of fault. To sue the at-fault driver, you must meet a tort threshold. And everything depends on documentation — what you do at the scene, what doctors you see, and how quickly you act. Follow this checklist to protect yourself from the start.
At the Scene — Do These First
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Move to Safety and Call 911
If you can safely move your vehicle, get it out of traffic. Turn on hazard lights. Call 911 immediately — even for crashes that seem minor. Under KRS 189.580, you are required to stop and remain at the scene of any crash involving injury, death, or property damage. The police report becomes a critical piece of evidence documenting fault, conditions, and witness statements.
Don’t leave until an officer releases you.
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Check Yourself and Everyone Else for Injuries
Adrenaline can mask pain for hours. Even if you feel fine, you may have a concussion, soft-tissue injury, or internal trauma that won’t become apparent until later. Tell the responding officer if you have any pain or discomfort — even if it seems minor. Those statements are part of the official record.
Request EMS at the scene if anyone appears injured or complains of pain.
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Document the Scene with Photos and Video
Before vehicles are moved, take photos and video of:
- All vehicles involved — every angle, close-up of damage
- The road surface, skid marks, debris, weather conditions
- Traffic signs, signals, and lane markings near the crash
- Any visible injuries on yourself or passengers
- The other driver’s license plate, insurance card, and driver’s license
If the other driver has open containers, damaged tires, a cracked windshield, or other contributing factors visible — photograph those too.
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Collect Everyone’s Information
Get the following from every driver involved:
- Full name, address, and phone number
- Driver’s license number and state
- Insurance company name, policy number, and claims phone number
- Vehicle registration and license plate
Collect names and contact info from all witnesses before they leave. Witnesses often don’t come back, and their accounts can determine who’s at fault.
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Do Not Admit Fault or Apologize
Keep your comments at the scene to a minimum. Don’t say “I’m sorry,” “I didn’t see you,” or anything that could be taken as an admission. Cooperate with the police report — answer factual questions about what happened — but don’t speculate or accept blame. Under Kentucky’s pure comparative fault rules (KRS 411.182), statements attributed to you can reduce your recovery.
Within 24 Hours — Critical Steps
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Get Medical Attention — Today
This is the single most important step after calling 911. Go to an emergency room, urgent care, or your primary care doctor the same day — even if you feel okay. Delayed treatment is one of the most common reasons insurance companies deny or reduce injury claims. They argue that if you really were hurt, you would have sought care immediately.
Tell your doctor about the accident and describe every symptom, however minor. These records connect your injuries to the crash.
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Report the Crash to Your Own Insurance Company
You are required to report accidents to your own insurer. Do it promptly. But be careful: report the facts of the crash, but don’t give a recorded statement to the other driver’s insurer before talking to an attorney. Your own insurer will open your PIP claim — which pays up to $10,000 in medical bills and lost wages under KRS 304.39-020, regardless of who caused the crash.
File that PIP claim. It’s your coverage. You’ve paid for it.
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Preserve Evidence Before It Disappears
Traffic cameras, dashcam footage, business security cameras, and surveillance systems typically retain footage for only 24–72 hours before it’s overwritten. Your attorney can send preservation letters to businesses near the crash site and request access to government camera data quickly — but only if you act fast.
Also write down everything you remember about the crash while it’s fresh: exact location, time, what the other driver did, what you heard and saw.
In the Weeks After — Protect Your Claim
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Keep All Medical Appointments and Follow Through on Treatment
Gaps in treatment are used by insurance companies to argue that you recovered or that your injuries aren’t as serious as claimed. Attend every follow-up appointment, complete every prescribed course of treatment, and document everything. If your doctor recommends imaging, physical therapy, or specialist referrals, don’t delay.
Your medical records are the foundation of your damages claim.
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Track Your Losses and Document Everything
Keep a written record of every expense and impact related to the crash:
- All medical bills and out-of-pocket expenses
- Days of work missed and income lost
- Tasks you can no longer perform — household, personal care, childcare
- How your injuries affect your daily life, sleep, mood, and relationships
Review our complete list of documents to gather after an accident for everything you’ll need to build your claim.
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Stay Off Social Media
Insurance defense investigators monitor social media for posts that contradict injury claims. Any photo or post — even something innocent — can be taken out of context and used to undermine your case. Stay off all platforms until your case is resolved. See how insurance companies use social media surveillance.
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Talk to an Attorney Before the Deadline
Kentucky gives most crash victims two years from the date of the accident — or the date of the last PIP payment, whichever is later — to file a personal injury lawsuit. Wrongful death claims must be filed within one year. Missing these deadlines permanently bars your claim.
Don’t wait until the last minute. Read why having legal representation is vital to your case’s outcome, and review the full rules on our Kentucky statute of limitations page.
Kentucky’s No-Fault System: What It Means for Your Checklist
Kentucky’s PIP system means your own insurer pays your first $10,000 in medical bills and lost wages — regardless of fault. This is automatic, as long as you haven’t rejected no-fault coverage in writing. But PIP is just the beginning. Once your medical expenses exceed $1,000, or you suffer a bone fracture, permanent injury, or disfigurement, you can pursue a full tort claim against the at-fault driver for all your remaining damages, including pain and suffering. Your checklist isn’t complete until you’ve evaluated both paths.
What to Gather and Preserve
A well-documented claim recovers significantly more than an undocumented one. Here’s the full list of records to collect and keep:
- Police report and crash report number
- Medical records and bills from every provider
- Prescription receipts and receipts for any medical equipment
- Pay stubs and employer letter documenting lost wages
- Photos and video of the crash scene, damage, and injuries
- Witness contact information and statements
- Insurance correspondence and settlement offers (keep everything in writing)
- Dashcam or traffic camera footage
- Journal entries documenting your pain, limitations, and recovery
For the complete breakdown, see our page on documents needed after a car accident.
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