Know Your Rights
A collision can upend your life in seconds—physically, emotionally, and financially.
Kentucky’s unique “choice no‑fault” system, comparative‑fault rules, and tight filing deadlines make it critical for crash victims to understand their legal rights from day one.
Below is an updated, rights‑centered guide you can share with friends, family, and clients after a wreck in the Commonwealth.
1. Your Immediate Rights at the Scene
| Right | What It Means | Practical Tip |
|---|---|---|
| Right to Safety | You may move vehicles out of traffic if it can be done safely. | Pull to the shoulder, activate flashers, and set out flares/triangles if available. |
| Right to Police Assistance | Kentucky law (KRS 189.580) requires reporting crashes involving injury, death, or $500+ in damage. | Call 911 and wait for an officer to arrive unless you need emergency care. |
| Right to Exchange Information | You are entitled to the other driver’s insurance and contact details. | Use your phone camera to snap licenses, plates, and proof‑of‑insurance cards. |
| Right to Document | You can photograph the crash scene, vehicles, and injuries. | Capture road conditions, skid marks, traffic signs, and visible injuries. |
2. Kentucky’s Insurance Framework
Personal Injury Protection (PIP)
Baseline Coverage: Unless you formally rejected no‑fault, every policy includes at least $10,000 in PIP benefits for medical bills, lost wages (up to $200/week), and replacement‑services costs.
Right to Prompt Payment: Insurers must pay PIP claims within 30 days of receiving reasonable proof. Delays or denials can trigger interest and attorney’s fee awards.
Stepping Outside No‑Fault
You retain the right to sue the at‑fault driver when any of these thresholds are met:
Medical expenses exceed $1,000;
Permanent disfigurement, fracture, or loss of bodily function;
Permanent injury or death.
Once outside no‑fault, you may recover the FULL spectrum of economic and non‑economic damages without the PIP limits.
3. Fault and Comparative Negligence
Kentucky follows pure comparative fault (KRS 411.182), meaning any recovery is reduced only by your percentage of fault.
Even if you were 99 % responsible, you can seek damages for the 1 % attributable to another party.
4. Parties Who May Owe You Compensation
Negligent Drivers – for speeding, distraction, DUI, etc.
Employers / Trucking Companies – for negligent hiring, hours‑of‑service violations.
Vehicle or Part Manufacturers – for defective brakes, airbags, or tires.
Governmental Entities – for dangerous road design or unrepaired hazards (with special notice deadlines).
Bars & Restaurants (Dram‑Shop) – if they overserved an already‑intoxicated driver.
5. Damages You Are Entitled to Pursue
| Category | Examples |
|---|---|
| Economic | Medical bills (past & future), lost wages, diminished earning capacity, property damage, PIP reimbursement. |
| Non‑Economic | Pain and suffering, mental anguish, loss of enjoyment of life, scarring. |
| Punitive | Available when the defendant’s conduct shows flagrant indifference, typical in DUI or reckless racing cases. |
6. Protecting Your Claim
Seek Medical Care Promptly – Gaps give insurers ammunition to downplay injuries.
Avoid Recorded Statements – You can decline insurer interviews until you consult counsel.
Preserve Evidence – Keep damaged parts, black‑box data, and all receipts.
Mind the Clock—In Kentucky, the statute of limitations for personal injury is two years from the date of the crash or the last PIP payment (whichever is later), but property‑damage claims must be filed within two years of the crash date.
7. How an Attorney Enhances Your Rights
Investigation & Expert Analysis – Accident reconstruction, ECM downloads, roadway‑design reviews.
Full Damage Valuation – Calculating future medical needs using CPT codes and authoritative fee schedules.
Insurance Negotiation – Countering lowball offers with documented evidence.
Trial Advocacy – Presenting your story to a jury when insurers won’t negotiate fairly.
No Win No Fee – You owe nothing unless a recovery is made.
8. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Do I have to use my own health insurance? | No, PIP pays first. After PIP is exhausted, health insurance can be billed, often reducing your out‑of‑pocket expenses. |
| Can I choose where to repair my car? | Yes. Kentucky law prohibits insurers from steering you to specific shops. |
| What if the at‑fault driver is uninsured? | You may access your Uninsured Motorist (UM) coverage for bodily injuries and Collision for property damage. |
| Will making a PIP claim raise my premiums? | Insurers cannot lawfully surcharge you for using no‑fault benefits when the crash wasn’t your fault. |
9. Next Steps After a Kentucky Crash
Get the Police Report – Essential for claims.
Notify Your Insurer – Preserve coverage but keep details minimal.
Consult a Lawyer Early – Evidence fades; legal advice is free.
Contact Sam Aguiar Injury Lawyers
You deserve to focus on healing while an advocate protects your rights.
Our Louisville‑based team has recovered hundreds of millions for Kentuckians injured by negligence statewide—from Paducah to Pikeville.
Free Consultation │ No Fee Unless We Win
502‑888‑8888
Offices in Louisville and Lexington