Insurance Claims to File After a Kentucky Car Accident

The Four Insurance Claims You May Need to File

1. PIP (Personal Injury Protection) Claim , Your Own Insurer

Under Kentucky’s no-fault law (KRS 304.39-020), your own auto policy includes at least $10,000 in PIP benefits. These cover medical expenses, a portion of lost wages (capped at $200/week), and replacement services , regardless of who caused the crash. You file PIP through your own insurer, and they are required to pay promptly. PIP does not cover pain and suffering, and it does not cover vehicle damage.

2. Property Damage Claim , At-Fault Driver’s Insurer

Vehicle repair or replacement, damaged personal property, and rental car costs are claimed against the at-fault driver’s liability policy. Kentucky requires minimum property damage liability of $25,000 per accident. If the other driver’s coverage is insufficient, your own collision coverage or uninsured motorist property damage coverage may apply.

3. Bodily Injury Claim , At-Fault Driver’s Insurer

Once your injuries cross Kentucky’s tort threshold , medical expenses over $1,000, a fracture, permanent injury, permanent disfigurement, or death , you can step outside no-fault and pursue a bodily injury claim against the at-fault driver. This is where you recover pain and suffering, full medical costs beyond PIP, lost earning capacity, and long-term damages. The at-fault driver’s minimum bodily injury liability in Kentucky is $25,000 per person / $50,000 per accident.

4. UM/UIM Claim , Your Own Insurer (If the Other Driver Is Uninsured or Underinsured)

Kentucky insurers must offer uninsured/underinsured motorist (UM/UIM) coverage. If the at-fault driver has no insurance , or not enough , your own UM/UIM policy fills the gap. In 2024, the Kentucky State Police reported 12,744 hit-and-run crashes, many involving drivers with no insurance at all. UM/UIM claims are filed against your own insurer, and they will defend their money aggressively , even though you’re their own policyholder.

How Each Claim Works , Step by Step

1. File your PIP claim immediately

   Notify your own insurer about the crash as soon as possible. PIP benefits are due regardless of fault. Submit medical bills and wage documentation promptly , delays give the insurer reasons to question or deny benefits.

2. Open a property damage claim

   Contact the at-fault driver’s insurer (or your own collision carrier) to start the property damage process. Document vehicle damage with photos before any repairs begin. Get your own repair estimate , don’t rely solely on the insurer’s preferred shop.

3. Do NOT give a recorded statement to the other driver’s insurer

   The at-fault driver’s insurance adjuster will call quickly. They’ll sound sympathetic. They’re trained to get you on record saying things that reduce your claim. Politely decline and talk to an attorney first.

4. Build your bodily injury claim with medical evidence

   See all recommended doctors, follow your treatment plan, and avoid gaps in treatment. Every missed appointment is ammunition the insurer will use against you. Once you’ve reached maximum medical improvement (or a clear prognosis), your attorney can demand full compensation.

5. Identify all available coverage , including UM/UIM

   If the at-fault driver’s policy limits are too low , or if they have no insurance , your own UM/UIM coverage kicks in. Kentucky also has the Assigned Claims Plan through the Kentucky Department of Insurance for victims with no available coverage at all.

Common Insurance Tactics That Reduce Your Claim

Insurance companies use predictable tactics to minimize payouts. Here’s what to watch for:

• Quick settlement offers , before you know the full extent of your injuries, the insurer offers a fast check to close the claim. It’s almost always a fraction of what the case is worth.
• Disputing medical necessity , the adjuster argues that certain treatments weren’t needed or weren’t caused by the crash
• Blaming pre-existing conditions , if you had a prior back issue, they’ll claim the crash didn’t make it worse (even when it clearly did)
• Delaying payment , dragging out the process hoping you’ll get frustrated and accept less
• Requesting recorded statements , anything you say can be used to undermine your credibility or reduce your claim value

Read more about common myths about injury claims and how long your case should take to settle to stay informed and protected throughout the process.