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Understanding The Statute Of Limitations For A Kentucky Car Accident Claim

March 27, 2024

Individuals who sustain injuries after a car accident in Kentucky will be able to recover compensation for their losses in most circumstances. Kentucky is a choice of no-fault auto insurance state, though most individuals choose no-fault coverage. Under this system, individuals turn to their insurance carrier for compensation recovery, but there are times when individuals can file a lawsuit against another driver if specific thresholds are met. In these circumstances, it is imperative to understand the statute of limitations for a Kentucky vehicle accident claim.

The Time Limit for Personal Injury Claims After a Car Accident In Kentucky

The statute of limitations for Kentucky car accidents applies only to certain types of claims. Specifically, the time limit applies to situations where an accident victim files a personal injury lawsuit in civil court against another party involved in the incident.

In these situations, the personal injury victim usually has two years from the date the injury occurs to file their lawsuit against the other party. If the injury victim does not file a lawsuit within this specific time frame, the case will likely get dismissed, leaving them unable to recover compensation for their losses.

Kentucky can seem complicated when it comes to vehicle accident claims. Kentucky uses a type of no-fault system called a “choice no-fault” process, which blends a few different types of auto insurance systems.

No-Fault Insurance

Primarily, individuals choose to carry no-fault insurance, which means individuals seek compensation from their insurance carrier, regardless of who caused the incident. Under a no-fault system, individuals typically are unable to file lawsuits against the other party unless they sustain a severe injury or if their medical bills rise above a certain dollar threshold. Under KY law, the two-year statute of limitations does not begin to accrue until the date of the last no-fault payment (personal injury protection (PIP) payment).

Tort-Based Insurance

However, individuals can opt into a traditional tort-based insurance system, which means they will typically receive compensation for their losses from the at-fault driver’s insurance coverage. Individuals can file a lawsuit against the at-fault party when they use a tort-based system, regardless of the severity of the incident.

There are no specific statutes of limitation associated with filing the actual insurance claims, though each insurance carrier typically requires claims to be reported soon after the incident occurs. Delayed insurance carrier filings could significantly affect the settlement process.

Important Things To Consider

Car accident statute of limitations

Comparative Negligence Law in Kentucky

Kentucky follows a comparative negligence system, which means that if you’re found partially responsible for the accident, your compensation may be reduced proportionally to your degree of fault. It’s crucial to understand how this could impact your claim and the importance of gathering evidence to establish liability.

Importance of Prompt Medical Attention

Emphasize the importance of seeking medical attention immediately after a car accident, not only for your health but also for documenting your injuries for insurance claims or potential lawsuits. Delayed medical treatment could weaken your case and affect your ability to recover full compensation.

Documentation and Evidence Collection

Encourage individuals involved in car accidents to gather as much evidence as possible, including photographs of the accident scene, witness statements, police reports, and medical records. Thorough documentation can strengthen your case and help your attorney build a compelling argument for compensation.

Understanding No-Fault Insurance Benefits

Provide more clarity on what benefits are covered under Kentucky’s no-fault insurance system, such as medical expenses, lost wages, and rehabilitation costs. This can help accident victims understand their rights and options for compensation within the no-fault framework.

Importance of Legal Representation

Reiterate the importance of seeking legal representation, especially when dealing with complex insurance laws and negotiating with insurance companies. A skilled car accident attorney can protect your rights, handle communications with insurance carriers, and navigate the legal process on your behalf to maximize your compensation.

Working With A Kentucky Car Accident Attorney

Recovering compensation after a Kentucky vehicle accident can be complicated, particularly when trying to understand the differences between the insurance systems in the Commonwealth and the requirements for filing a personal injury lawsuit. We strongly encourage you to contact a skilled car accident lawyer in Lexington who has experience handling complex claims. Your attorney can help guide you toward the best path for recovering the compensation you need to move forward.