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Car accident injury claims in Kentucky

Kentucky is a no-fault state, so the path your injury claim takes — who pays first, when you can pursue the other driver, and how long you have — works differently than you might expect. Here are the rules that shape an injury claim in Kentucky.

Kentucky at a glance

Fault rule
Pure comparative fault

You can recover even if you were mostly at fault — your award is reduced by your share of fault.

No-fault state?
Yes

Your own PIP coverage pays for injuries first, regardless of who caused the crash.

PIP / no-fault coverage
$10,000 Basic Reparation Benefits (BRB) per person per accident; lost wages capped at $200/week
Threshold to step outside no-fault
Applies

Tort suit for non-economic damages allowed only if: >$1,000 medical expenses, OR broken bone, OR permanent disfigurement, OR permanent injury, OR death. Default = tort-limited (deemed acceptance under KRS 304.39-060); reject via DOI Form NF-1(a,b,c) filed WITH the Department of Insurance to retain full tort.

Minimum liability coverage
25/50/25 OR $60,000 combined single limit (KRS 304.39-110), plus mandatory $10K BRB (except motorcycles)
Time limit for an injury claim
1 years

Generally measured from the date of the accident.

How fault works in Kentucky

PURE comparative negligence. Hilen v. Hays (Ky. 1984) abolished contributory negligence; KRS 411.182 codifies apportionment. Plaintiff at any fault <100% recovers (damages proportionally reduced); 99%-at-fault plaintiff still recovers 1%. Joins the CA/WA/NY/AZ/NV pure-comp cluster.

Paying for injuries in Kentucky

KRS 304.39 MVRA imposes mandatory $10K Basic Reparation Benefits (BRB) per person per accident (medical, lost wages capped $200/week, replacement services, survivor's benefits), paid regardless of fault. Default = tort-limited (deemed acceptance under KRS 304.39-060); tort suit for non-economic damages allowed only above the threshold ($1K medical OR broken bone OR permanent disfigurement OR permanent injury OR death). Reject via DOI Form NF-1(a,b,c) filed WITH the Department of Insurance (not the carrier) to forfeit BRB but retain full tort. KY is the 3rd choice-no-fault state (after PA + NJ) with an INVERTED default (PA defaults to full tort).

How Moe handles injury claims in Kentucky

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Kentucky’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

Kentucky injury claims — common questions

Is Kentucky a no-fault state?
Yes. Kentucky is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.
What is Kentucky's fault rule for a car accident?
Kentucky follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.
How long do I have to file an injury claim in Kentucky?
In Kentucky the statute of limitations for a personal-injury claim is generally 1 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Learn more

All Kentucky accident-claim rules · Other states

Sources

This page summarizes Kentucky’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.