Kentucky Car Accident Filing Deadlines

In Kentucky, a personal injury case that is not filed before the applicable statute of limitations expires is permanently barred, and courts have no discretion to allow it regardless of the circumstances. KRS 413.140 governs most personal injury deadlines, including wrongful death. KRS 413.125 covers property damage. Motor vehicle claimants who receive PIP have an additional rule: the clock can run from the last no-fault payment instead of the crash date. Tolling exceptions, circumstances that pause the clock, also apply to minors and to persons under a disability.

Kentucky Personal Injury Deadlines at a Glance

Each type of case carries its own deadline, its own statute, and its own starting point for the clock:

• Personal injury in general, including slip and fall, dog bite, and premises liability: 1 year under KRS 413.140(1)(a), starting on the date of injury.
• Motor vehicle personal injury from car, truck, and motorcycle crashes: 2 years under KRS 304.39-230, starting on the date of the crash or the date of the last PIP payment, whichever is later.
• Wrongful death in fatal injury cases: 1 year under KRS 413.180, with the right of action under KRS 411.130, starting on the date the personal representative is appointed.
• Property damage to a vehicle or other personal property: 2 years under KRS 413.125, starting on the date of the damage.
• Medical malpractice by a healthcare provider: 1 year under KRS 413.140(1)(e), starting on the date the injury was discovered or should have been discovered.
• Products liability for an injury caused by a defective product: 1 year under KRS 413.140(1)(a), starting on the date of injury, though the discovery rule may apply.

How PIP Affects the Motor Vehicle Deadline

Kentucky is a choice no-fault state. Under the Motor Vehicle Reparations Act, specifically KRS 304.39-230, the two-year statute of limitations for a motor vehicle injury case begins on the date of the accident or the date of the last PIP (Personal Injury Protection) payment, whichever is later. That creates a rolling window for claimants who keep receiving PIP benefits after the crash.

The exception matters most for seriously injured crash victims whose medical treatment, and the PIP payments that cover it, runs well past the accident date. Do not rely on it without confirming exactly when the last PIP payment was made. The calculation can be complex, and the deadline is unforgiving.

When the Discovery Rule Starts the Clock

For most injury types, the statute of limitations starts when the injury occurs. Kentucky courts have recognized a discovery rule exception in certain circumstances, where the clock starts when the plaintiff discovered, or should have discovered, the injury and its cause. It most often applies in three kinds of cases:

• Medical malpractice: latent injuries from surgical errors or misdiagnosis may not become apparent right away.
• Toxic exposure and occupational disease: illness caused by asbestos, chemicals, or other workplace hazards can take years to appear.
• Products liability: the connection between a product and an injury may not have been discoverable at the time of injury.

The discovery rule does not apply to a standard car accident or slip-and-fall case, where the injury and its cause are obvious at the time of the incident.

Tolling Rules That Pause the Clock

Kentucky law allows the statute of limitations to be tolled, or paused, in specific circumstances. Two matter most.

Minors Under KRS 413.170

If the injured person is under 18 at the time of the injury, the statute of limitations is tolled until their 18th birthday. From that date, the standard limitation period begins to run. For a one-year personal injury case, the minor has until their 19th birthday; for a two-year motor vehicle case, until their 20th birthday. This does not apply to wrongful death claims on behalf of a minor’s estate. Those are governed by the one-year rule that runs from the personal representative’s appointment.

Mental Incapacity Under KRS 413.170

If the injured person is of unsound mind at the time of the injury, the statute of limitations is tolled until the disability is removed. Courts evaluate this case by case.

Why Filing Early Matters

The statute of limitations is the absolute last date to file. Waiting until close to that date creates serious problems:

• Surveillance footage from traffic cameras and businesses overwrites on 30 to 90 day loops.
• Witness memories fade, and witnesses become harder to locate.
• Vehicle black box data may be overwritten or lost.
• Medical records from treating providers may be archived or incomplete.
• The defendant gets more time to line up favorable opinion testimony.

The practical window for building a strong case is far shorter than the legal deadline.

Government Cases Carry Shorter Deadlines

If your injury was caused by a Kentucky state agency, city, county, or government employee acting in an official capacity, you must comply with the Kentucky Board of Claims Act (KRS 44.070) or the relevant municipal notice requirements before filing suit. These deadlines are often as short as 90 days from the date of injury. Missing the notice requirement can bar your case entirely, separate from the general statute of limitations.

Even if you are inside your deadline, don’t wait. Our team starts preserving evidence immediately, before it is gone, and the sooner we get involved, the stronger your case.