Kentucky Car Accident FAQs — Real Answers to Real Questions

Kentucky uses a “choice no-fault” system. Under KRS 304.39-060, most drivers carry Personal Injury Protection (PIP) coverage, which pays your first $10,000 in medical bills and lost wages from your own insurer — regardless of who caused the crash. This is required coverage under KRS 304.39-020.

The “choice” part: drivers can opt out of no-fault by signing a written rejection with their insurer. If you opted out, you can sue at-fault drivers without meeting the tort threshold — but you also lose access to PIP unless you separately purchased it back.

If you kept your no-fault (PIP) coverage, you must meet the tort threshold before you can sue the at-fault driver for pain and suffering. Under KRS 304.39-060(2)(b), you meet the threshold when your injuries include any one of these:

• Medical expenses (or their reasonable value) exceeding $1,000
• A bone fracture
• Permanent injury or permanent disfigurement
• Death

Most crashes involving hospital visits or significant injuries clear this threshold quickly. Once you’re over it, the full range of damages — including pain and suffering, future medical costs, and lost earning capacity — are available to you.

Yes. Under Kentucky’s no-fault system, you file your initial PIP claim with your own insurer regardless of fault. PIP pays up to $10,000 in medical bills and lost wages. This doesn’t affect your right to later pursue a claim against the at-fault driver once you meet the tort threshold. Filing PIP does not constitute an admission of fault and generally does not cause your rates to increase under Kentucky law.

Your own policy’s Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage can compensate you when the at-fault driver has no insurance or insufficient coverage. Kentucky requires insurers to offer UM/UIM coverage, though you can waive it in writing. If you paid separate premiums on multiple vehicles, you may be able to stack those UIM policies to increase your total available coverage. Our team reviews every available policy to identify all sources of compensation.

Yes. Kentucky follows a pure comparative fault system under KRS 411.182. Your compensation is reduced by your percentage of fault, but you can recover even if you were 99% responsible. For example, if your damages total $200,000 and you’re found 25% at fault, you recover $150,000. Insurance companies aggressively try to inflate your fault percentage to reduce their payment — which is why documentation and representation matter from day one.

Disputed liability is common. The police report, witness statements, photos from the scene, traffic camera footage, vehicle damage patterns, and accident reconstruction can all establish the true sequence of events. Don’t accept a fault determination you disagree with — an attorney can investigate, gather additional evidence, and push back against an inaccurate assessment. The time immediately after the crash is critical for evidence preservation.

Passengers almost never bear fault for a crash. As a passenger, you can file a PIP claim under the driver’s policy, then pursue a bodily injury claim against the at-fault driver once you meet the tort threshold. Don’t hesitate to file a claim against the driver’s insurance just because they were a friend or family member — that’s what insurance is for. See our detailed breakdown of passenger injury claims in Kentucky.

Kentucky does not cap compensatory damages in car accident cases. You can recover:

• All medical expenses — past and future
• Lost wages and reduced earning capacity
• Pain and suffering, emotional distress, and loss of enjoyment of life
• Property damage — vehicle repair or replacement
• Punitive damages when the at-fault driver’s conduct was grossly negligent (DUI, extreme recklessness)

The full value of your case includes future damages that aren’t yet clear — which is why settling too quickly is dangerous.

It depends on your injuries, the complexity of liability, and how quickly you reach maximum medical improvement (MMI). Cases with straightforward liability and moderate injuries often resolve within 6–18 months. Cases involving severe or permanent injuries, disputed liability, or multiple parties can take longer. Cases that go to trial take more time but can result in significantly higher recoveries. Read more about settlement timelines in Kentucky cases.

Almost never. First offers are designed to close claims quickly and cheaply — before the full impact of your injuries is known. Once you sign a release, you cannot go back for additional compensation, even if your injuries turn out to be more serious or permanent than initially diagnosed. Wait until you’ve reached maximum medical improvement (MMI) and had a thorough evaluation of all your damages before accepting anything.

If the insurance company requests an IME, they are sending you to a doctor they chose and pay. These exams are designed to minimize your injuries and are frequently used to justify reducing or denying claims. You should be fully prepared before attending an IME. Read our detailed breakdown of independent medical exams and what to expect.

For personal injury claims from a car crash, Kentucky gives you two years from the date of the accident — or the date of the last PIP payment, whichever is later. For property damage, you have two years from the date of the crash. Wrongful death claims must be filed within one year from the appointment of the personal representative, but no later than two years from the date of death. Missing these deadlines permanently bars your claim. See the full statute of limitations rules for Kentucky.

You’re not required to have one, but statistics consistently show that represented claimants recover more than those who go it alone — even after attorney fees. Insurance adjusters are trained negotiators who handle hundreds of claims. They know how to minimize settlements. An attorney knows how to document the full value of your case, identify all available insurance sources, respond to IME tactics, and recognize when litigation is worth pursuing. Read why having representation is vital to your case outcome.

Our Bigger Share Guarantee® means you take home a larger percentage of your settlement than at most firms. Sam Aguiar Injury Lawyers charges nothing upfront, and you only pay if we win. With our Bigger Share Guarantee®, you always take home more than the attorney. You pay $0 Out-Of-Pocket Forever. No hidden costs, no upfront retainers. The fee comes out of your settlement only after you win.

Several persistent myths lead people to undervalue their cases or walk away from valid claims. The idea that you can only sue if you have serious visible injuries, that accepting PIP means you’ve given up your right to sue, or that social media posts don’t affect your case are all false. Read our breakdown of the most common myths about personal injury claims so you know the reality before making any decisions.