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Kentucky accident law

Kentucky car accident settlement calculator

Kentucky is a choice no-fault state that uses pure comparative negligence. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Injury lawsuit deadline2 yearsKRS 304.39-230(6) (motor vehicle tort actions); KRS 413.140(1)(a) (general personal injury, 1 year); KRS 413.125 (personal property, 2 years); KRS 413.180 and 411.130 (wrongful death); KRS 49.120 (Board of Claims)
Fault rulePure comparativeKRS 411.182; Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984)
Insurance systemChoice no-faultPIP required
Minimum liability25/50/25thousands of dollars

Kentucky settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Kentucky: Pure comparative negligence, choice no-fault state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Kentucky attorney about your case.

Kentucky filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage2 years
Wrongful death2 years
KRS 304.39-230(6) (motor vehicle tort actions); KRS 413.140(1)(a) (general personal injury, 1 year); KRS 413.125 (personal property, 2 years); KRS 413.180 and 411.130 (wrongful death); KRS 49.120 (Board of Claims). Counted from the accident date in most cases.

Car accidents: Motor Vehicle Reparations Act gives 2 years from the injury, the death, or the last PIP (basic or added reparation) payment, whichever is later; this applies to injury and death claims arising from motor vehicle accidents. Other personal injury claims: 1 year (KRS 413.140(1)(a), current version effective July 15, 2026, still 1 year). Vehicle property damage: 'within two (2) years from the time the cause of action accrued' (KRS 413.125). Non-motor-vehicle wrongful death: personal representative must sue within 1 year after qualification (KRS 413.180).

If you were partly at fault

Kentucky follows pure comparative negligence. Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $45,000.

Kentucky adopted pure comparative fault in Hilen v. Hays (1984); KRS 411.182 codifies the allocation of fault in all tort actions with no percentage bar, so a claimant's recovery is reduced by his or her share of fault at any level.

Source: KRS 411.182; Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984). Compare all states in the comparative negligence table.

Choice no-fault state

Your own personal injury protection pays your medical bills and lost wages first, with a required minimum of $10,000. The threshold to claim pain and suffering from the at-fault driver: Unless the person rejected the tort limitation in writing, suit for pain and suffering is allowed only if medical expense benefits exceed $1,000, or the injury involves permanent disfigurement, a bone fracture, loss of a body member, permanent injury, permanent loss of bodily function, or death. Which rules apply depends on the option chosen on the policy.

Choice no-fault: KRS 304.39-060 lets a person reject the partial abolition of tort liability in writing, keeping full tort rights. KRS 304.39-020: 'The maximum amount of basic reparation benefits payable... shall be ten thousand dollars ($10,000)'.

Minimum car insurance in Kentucky

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Alternative: single limit of not less than $60,000. UM (KRS 304.20-020) must be included in the policy but 'any named insured shall have the right to reject in writing such coverage', so it is not mandatory.

Damage caps

Kentucky does not cap pain and suffering in ordinary car accident cases.

Dog bite law

Strict liability statute. Covers any damage caused by the dog (not limited to bites). No statutory exceptions are listed; Kentucky courts allow the victim's comparative fault to reduce damages. 'Owner' is broadly defined in KRS 258.095 (includes harboring or permitting the dog to remain on premises).

Source: KRS 258.235(4). Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Kentucky?

2 years from the accident for an injury lawsuit and 2 years for vehicle damage (KRS 304.39-230(6) (motor vehicle tort actions); KRS 413.140(1)(a) (general personal injury, 1 year); KRS 413.125 (personal property, 2 years); KRS 413.180 and 411.130 (wrongful death); KRS 49.120 (Board of Claims)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Kentucky a no-fault state?

Kentucky is a choice no-fault state: drivers choose between no-fault coverage with limits on lawsuits and full tort rights. To sue for pain and suffering: Unless the person rejected the tort limitation in writing, suit for pain and suffering is allowed only if medical expense benefits exceed $1,000, or the injury involves permanent disfigurement, a bone fracture, loss of a body member, permanent injury, permanent loss of bodily function, or death.

What happens if I was partly at fault in Kentucky?

Kentucky follows pure comparative negligence (KRS 411.182; Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984)). Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

What is the minimum car insurance in Kentucky?

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage (25/50/25).

Does Kentucky cap pain and suffering damages?

Not in ordinary car accident cases.

Sources

Checked against official Kentucky sources November 5, 2026.

  1. Kentucky statute of limitations: KRS 304.39-230(6) (motor vehicle tort actions); KRS 413.140(1)(a) (general personal injury, 1 year); KRS 413.125 (personal property, 2 years); KRS 413.180 and 411.130 (wrongful death); KRS 49.120 (Board of Claims)
  2. Kentucky comparative fault: KRS 411.182; Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984)
  3. Kentucky insurance system: KRS 304.39-060(2)(b); KRS 304.39-020(2) (basic reparation benefits $10,000)
  4. Kentucky minimum liability insurance: KRS 304.39-110(1)(a); KRS 304.20-020 (UM)
  5. Kentucky damage caps: Ky. Const. Sec. 54
  6. Kentucky dog bite liability: KRS 258.235(4)