Kentucky Car Accident Guide: Get Fair Compensation for Injuries

Learn what to do after a Kentucky car accident to protect your rights and build a strong personal injury claim.

Every day, the Commonwealth of Kentucky averages 55 injury accidents and two fatalities on public roads.¹

We want you to know how to protect your safety and right to injury compensation if you or a family member are seriously injured in a Kentucky vehicle accident.

What to Do After a Kentucky Car Accident

Follow these five basic steps after an accident, starting at the scene.

1. Stay At the Scene and Exchange Information

Drivers in Kentucky have a legal duty to stop at the scene of a vehicle accident to find out if anyone is injured and render aid. Drivers must provide the other driver and passengers their name, address, and vehicle registration.

What if I hit a parked car in Kentucky?

If you hit a parked and unattended vehicle in Kentucky, you still have a legal obligation to stop at the scene. Try to find the owner and give them your name and address, and vehicle registration.

If you can’t locate the parked vehicle’s owner, leave a note with your information and an explanation of what happened on the car where it’s easy to see. Then file a Civilian Collision Report with the police.

2. Call 911 and Help the Injured

Drivers are required to render reasonable assistance to anyone injured or asking for help, including making arrangements to transport the injured to the nearest medical facility. Calling 911 to ask for an ambulance meets the obligation to arrange for medical transport.

If you are able, try to help the injured until emergency responders are on the scene.

Can I be sued for giving aid to the injured in Kentucky?

Kentucky has “Good Samaritan” laws that protect people who provide first-aid in an emergency situation from civil liability.

3. Seek Prompt Medical Treatment

Don’t put off having a medical evaluation after a car accident. If you wait a few days to see how you feel, the wait could not only be hazardous to your health, it can jeopardize your right to injury compensation.

Never refuse medical attention at the scene. The sudden impact may have caused an adrenaline rush in your body that masks signs of serious injuries. Be upfront with paramedics about how you feel, without making excuses for your symptoms. If medics want to transport you to the hospital, let them take you.

Refusing or delaying medical attention after an accident gives the insurance company any excuse to deny your injury claim – even when you make a no-fault claim to your own insurance company. The insurer could argue that your injuries are not related to the collision.

Can I make an insurance claim for a minor injury?

Yes, you can make an insurance claim for minor injuries to the no-fault PIP coverage on your auto policy. Your insurer is obligated to pay for reasonable medical expenses, no matter who was at fault for the accident.

4. Gather Evidence From the Scene

Kentucky is a no-fault insurance state, meaning your injury claim must start with your own insurance company. You won’t have to prove fault for injury claims that don’t exceed the no-fault threshold.

However, no-fault insurance does not pay for property damage and isn’t enough to cover serious injuries. For liability claims against the at-fault driver’s auto insurance, you’ll need to prove fault.

The police crash report is excellent evidence of fault, especially when the other driver was cited for a traffic violation.

Other evidence of fault may include:

How can I get a copy of the police report?

Copies of a police crash report may be obtained by mailing your name, date of the crash, and the jurisdiction of the crash to:

Kentucky State Police Headquarters
ATTN: Open Records
919 Versailles Rd.
Frankfort, KY 40601

Or call the State Police barrack that investigated your accident to find out if you can order the report online.

How long do traffic violations stay on my record in Kentucky?

Traffic violations remain on your Kentucky driving record for five years.

5. Notify Both Insurance Companies

Kentucky is a no-fault insurance state, so you must first rely on your own insurance company for injury claims. Every policy issued in Kentucky must have at least $10,000 in Personal Injury Protection (PIP) to cover you and your passengers, no matter who caused the accident.

Most auto policies require the policyholder (you) to notify the company when you’re involved in any type of accident. Your insurance company has a duty to defend you against any lawsuits filed against you in connection with a vehicle accident, even when you’re at fault.

Liability Claims Against the At-Fault Driver’s Insurer

When your injuries are severe enough to exceed the no-fault threshold, you will need to file a liability claim with the at-fault driver’s insurance company. Severe injury cases should be handled by an experienced injury attorney to get the best outcome for the injured victim.

Is Kentucky a No-Fault state?

Yes, Kentucky is a no-fault state. You must first rely on your own insurance company for injury claims.

How long do I have to make an insurance claim in Kentucky?

Kentucky has a two-year statute of limitations for car accident injury claims that are not covered by PIP. Claims for survivor’s death benefits must be filed within a year of the accident resulting in death.

Kentucky Fault and Liability Rules

Kentucky is a no-fault insurance state. Injury claims must first be filed with the Personal Injury Protection (PIP) coverage under your own policy. PIP will cover medical costs, lost wages, and some out-of-pocket expenses.

You cannot sue the at-fault driver for injury damages unless your injuries exceed the no-fault threshold.

Kentucky Shared Fault Rules

Kentucky follows a pure comparative fault rule. You can pursue a claim against the other driver even when you are 99 percent to blame, but your compensation will be reduced by your percentage of blame for the accident.

Example of Pure Comparative Fault in Kentucky

Sharon was traveling on Midland Avenue, heading into Lexington to meet a friend for lunch. She was cruising well above the speed limit and chatting on the phone when a car suddenly pulled out of a shopping center into her lane of traffic.

When Ashley pulled out into traffic on Midland Avenue, she didn’t realize the car coming toward her was moving so fast. She couldn’t get out of the way before Sharon’s vehicle collided with the side of her car.

Both women suffered serious injuries. And both women blamed the other for causing the crash. Sharon filed suit against Ashley, seeking $200,000 in damages, asserting that Ashley was negligent for failing to yield the right-of-way.

Ashley argued that Sharon wouldn’t have hit her if she had been obeying the speed limit and paying attention instead of talking on her cell phone.

The jury decided Ashley was 60 percent at fault for failing to yield the right-of-way, and Sharon was 40 percent to blame for speeding and driving while distracted by her phone. After the 40 percent reduction for shared fault, Sharon was awarded $120,000.

What makes a Kentucky driver at fault for a rear-end collision?

Drivers in Kentucky are prohibited from following another car closer than is “reasonable and prudent” with consideration for road conditions and traffic.

Which driver is at fault for a side-impact collision in Kentucky?

Kentucky drivers who failed to obey traffic signals, or fail to yield the right of way when turning at an intersection, are usually the cause of side-impact collisions.

Does Kentucky have laws related to head-on collisions?

Kentucky traffic laws require drivers to stay on the right side of the road unless they can safely pass on the right and other special exceptions. Most head-on collisions are caused by drivers who negligently travel left of center.

Kentucky Car Accident Compensation

Insurance companies in Kentucky payout over $2 billion in auto accident claims each year.

Because Kentucky is a no-fault insurance state, accident victims must start by filing a claim with the no-fault PIP coverage on their own insurance policy. PIP will cover medical bills, lost wages, out-of-pocket medical expenses, and some replacement service costs. PIP does not cover non-economic damages.

Injury liability claims can only be made against the at-fault driver’s policy when injuries are severe enough to exceed the no-fault threshold.

Exceptions that exceed the no-fault threshold:

  • Medical costs over $1,000
  • A broken bone
  • Permanent injuries
  • Disfigurement
  • Fatalities

Severe or fatal injuries should be handled by an experienced personal injury lawyer to maximize final compensation for the injured victim or surviving family members.

Can I sue for pain and suffering in Kentucky?

No-fault car accident claims will not include pain and suffering. If your injuries are serious enough to exceed the no-fault threshold, you may sue the at-fault party for pain and suffering as part of your total damages.

Average Car Accident Settlements in Kentucky

The average injury settlement for a moderate car accident claim in Kentucky is $34,968, with average payouts ranging from $8,306 to $360,302. Settlements and court awards can range from $1,610 for minor injuries to over $1,000,000 for severe injuries.

Injury settlements can vary depending on the type of injuries, the no-fault threshold, and the at-fault driver’s policy limits. Commercial auto insurance policies have substantially higher limits than personal auto policies.

For example, look at these two rear-end accident cases with low and high payouts:

  1. In Jefferson County, Swecker v. Rogers, 98 CI 7080, a jury awarded $5,762 to the victim for soft-tissue injuries. The at-fault driver admitted liability but stressed there was little vehicle damage.
  2. In Louisville, Neumann v. Clay, 13-194, a jury awarded $680,171 for brain injuries, facial injuries, and knee fractures. The at-fault driver admitted liability but disputed the victim’s damages.

Use our free Kentucky Personal Injury Calculator to estimate the value of a moderate claim.

Factors that impact car accident compensation include:

  • No-fault rules
  • Shared fault for the crash
  • Multiple-vehicle collisions
  • Multiple injured victims
  • Wrongful death
  • Liability insurance limits

Serious injury claims can be complicated. Your attorney will look for compensation from multiple sources.

Kentucky State Minimum Insurance Requirements

Kentucky drivers are required to have auto insurance with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, with $25,000 for property damage, and at least $10,000 in basic no-fault PIP coverage.

Optional Insurance Coverage in Kentucky

Companies selling auto insurance policies in Kentucky are required to offer uninsured (UM) and underinsured motorist (UIM) coverage equal to the policy liability limits. The policyholder has the right to waive the optional coverage.

UM and UIM protect the policyholder if they suffer severe injuries caused by a hit-and-run, a driver with no insurance, or a driver with liability limits that won’t fully cover their damages.

Visitor Questions on Kentucky Car Accidents