Kentucky Motor Vehicle Accident Laws

Insurance Requirements

System type: Kentucky follows a no-fault insurance system, meaning drivers must rely on their own Personal Injury Protection (PIP) coverage to handle medical expenses and other financial losses after a car accident, regardless of fault. This system expedites compensation. However, it limits the ability to sue at-fault drivers unless specific thresholds are met, such as $1,000 in medical expenses, a broken bone, permanent disfigurement or injury, or a resulting death.

Minimum coverage requirements: Drivers in Kentucky are required by law to carry the following minimum auto insurance coverages:

• Liability insurance
  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage per accident

Additionally, all policies must include basic PIP coverage, providing at least $10,000 per person per accident for medical expenses, lost wages, and other necessary out-of-pocket costs. Motorcycles are excluded unless such PIP coverage is specifically purchased.

PIP coverage and optional enhancements: PIP coverage ensures prompt compensation for medical bills and other financial losses, regardless of fault. Policyholders may opt to enhance their protection by:

• Increasing PIP limits to cover higher medical or wage loss costs
• Adding collision or comprehensive coverage for vehicle repairs or non-collision damages like theft or weather-related incidents
• Purchasing uninsured/underinsured motorist coverage (UM/UIM) to protect against at-fault drivers with insufficient or no insurance

Penalties for non-compliance: Driving without the required insurance in Kentucky can lead to severe penalties, including fines ranging from $500 to $1,000, up to 90 days in jail, or both. Additionally, vehicle registration can be revoked until proof of insurance is provided. A reinstatement fee of $40 is required to reactivate a revoked registration.

Rideshare drivers: Transportation network companies (TNCs) like Uber and Lyft are subject to additional insurance regulations:

• Logged into the app, but no ride was accepted (Period 1):
  • $50,000 bodily injury per person
  • $100,000 bodily injury per accident
  • $25,000 property damage per accident
  • UM/UIM coverage of $50,000 per person and $100,000 per accident is also required
• Ride accepted or passenger on board (Periods 2 and 3): Rideshare companies provide $1 million in combined single auto liability coverage and $1 million in UM/UIM coverage. Collision and comprehensive coverage are available but contingent on the driver carrying similar coverage on their personal auto policy. Deductibles apply: $1,000 for Uber and $2,500 for Lyft

Drivers must also ensure their personal insurance policy does not exclude coverage for rideshare activities. Adding a rideshare endorsement to a personal policy can prevent coverage gaps during Period 1 and protect drivers from policy cancellations.

Optional coverages: Kansas drivers can opt for additional insurance policies to expand their protection:

• Collision coverage: Covers repair costs for your vehicle regardless of fault
• Comprehensive coverage: Protects against non-collision incidents like theft, vandalism, and weather-related damage
• Medical Payments (MedPay): Supplements PIP benefits for additional medical costs
• Gap insurance: Covers the difference between the loan balance and the vehicle’s cash value if totaled
• Rental reimbursement: Pays for a rental car while repairs are made after a covered incident

Fault Laws

Pure comparative negligence in Kentucky

Kentucky follows a pure comparative negligence system, which means that accident victims can recover damages even if they share some responsibility for the crash. However, their compensation is reduced proportionally to their degree of fault. For instance, if a victim is found 20% at fault for an accident that caused $50,000 in damages, they can recover $40,000. Even if the victim is primarily at fault, such as 90%, they can still recover 10% of their damages.

This system applies in cases where victims pursue claims outside of Kentucky’s no-fault insurance framework. Understanding and proving fault is crucial in such cases, as the compensation awarded depends directly on fault allocation.

Multi-vehicle collisions

In crashes involving multiple vehicles, fault is distributed among all parties based on available evidence, such as police reports and witness statements. Kentucky’s comparative negligence rule ensures each party’s compensation is adjusted according to their percentage of fault. Accurate documentation and timely legal assistance are key to securing fair outcomes in these complex scenarios.

Special considerations for passengers

Passengers injured in Kentucky car accidents are entitled to seek compensation from any at-fault driver, whether it’s the driver of their vehicle or another involved party. Passengers can access the vehicle’s PIP coverage first but may also pursue claims under comparative negligence rules. Compensation may be reduced if passengers’ actions, like failing to wear a seatbelt, contributed to their injuries.

Statute of Limitations

Personal injury claims: The statute of limitations for personal injury claims in Kentucky varies depending on the presence of PIP coverage:

• If PIP coverage applies, victims have two years from the date of their last PIP payment to file a claim
• Without PIP coverage, the statute of limitations is one year from the date of the accident

Property damage claims: For property damage, such as vehicle repairs or replacement, victims have two years from the date of the accident to initiate legal action.

Wrongful death claims: In fatal car accident cases, family members or representatives have one year from the date of death to file a wrongful death lawsuit.

Exceptions to the statute of limitations:

• Minors: If the injured party is under 18, the statute of limitations is paused until their 18th birthday
• Government claims: Claims involving public entities may have shorter deadlines, often requiring a formal notice within 90 days to one year, depending on the circumstances
• Delayed discovery: If injuries or damages are not immediately apparent, the filing period begins when the harm is discovered or should have reasonably been discovered

Accident Reporting Requirements

When to report an accident

In Kentucky, drivers must report a motor vehicle accident to law enforcement or file a report with the Kentucky State Police under the following conditions:

• Injury or death: If anyone involved is injured or killed
• Property damage: If the total damage exceeds $500 or if a vehicle becomes inoperable

Accidents must be reported within 10 days using the quickest available method. If law enforcement responds to the scene, they will file the required report. However, if no officer is present, the driver must submit a report to the Kentucky State Police.

Failing to report a qualifying accident can result in fines ranging from $20 to $100, potential jail time, and the suspension of driving privileges.

Filing accident reports

Drivers are responsible for submitting a Civilian Traffic Collision Report when law enforcement does not file a report. This report must include all relevant details about all involved individuals and vehicles, as well as insurance details, estimated property damage, repair costs, location of accident, and a description of the scene. 

Reports can be submitted online or by mailing the completed form to:

Kentucky State Police Records Branch
1250 Louisville Road
Frankfort, KY 40601

Keep a copy of the report for your records, as it may be required for insurance claims or legal proceedings.

How to access accident reports

Accident reports are vital for resolving insurance claims and pursuing legal action. In Kentucky, drivers can access accident reports through the following methods:

Online access: After submitting a Civilian Collision Report online, a unique report number is generated, and the report can be downloaded immediately for your records. This report number is often required by insurance companies when processing claims.

Request copies: Drivers can request previously filed reports by mailing a written request to the following address:

Kentucky State Police Records Branch
Attn: Stephanie Dawson, Records Custodian
1266 Louisville Road
Frankfort, KY 40601

Alternatively, accident reports can also be obtained by submitting an Open Records Request. These requests can be submitted online, via email to kspciviliancollision@ky.gov, or by fax to 855-592-7656.

Requests should include specific details such as the accident date, location, and names of involved parties to ensure timely processing. Fees may apply, with the Kentucky State Police charging $0.10 per page for records and additional fees for photos or other media.

Additional considerations

Private property accidents: Incidents in private parking lots may not require police involvement but should still be reported for insurance purposes.

Hit-and-run incidents: If the other driver leaves the scene, file a report immediately and include as much information as possible, such as a vehicle description or license plate number.

Unclear circumstances: If accident details are unknown, such as missing information or an unclear location, drivers should complete the report with all known details and mark unknown sections as “UNK.”

Compensation Limits

Economic damages: Kentucky imposes no cap on economic damages in car accident cases, allowing victims to recover the full extent of their measurable financial losses. These damages may include medical expenses, property damage repair or replacement, lost wages, and reduced earning capacity. However, the amount recoverable may be limited by the at-fault driver’s insurance policy limits. Victims can seek compensation through their own underinsured motorist coverage or pursue legal action if damages exceed those limits.

Non-economic damages: Non-economic damages—such as pain and suffering, emotional distress, and loss of quality of life—are also uncapped in Kentucky. Courts evaluate these damages based on the severity and long-term effects of the injuries. For example, cases involving permanent disability or disfigurement often result in higher awards.

Punitive damages: Punitive damages are awarded in rare cases where the at-fault party acted with gross negligence, malice, or willful disregard for safety. While Kentucky does not cap punitive damages, the burden of proof is high. Plaintiffs must demonstrate that the defendant knew their actions were likely to cause serious harm or death but acted with disregard for the risk. 

Claims against government entities: In Kentucky, pursuing compensation for car accidents involving government entities or employees involves unique rules and limitations due to sovereign immunity, which generally shields governments from lawsuits. The Board of Claims Act governs claims against state entities, requiring filing through a special tribunal rather than regular courts. Damages are capped at $250,000 per individual and $400,000 per incident, with no recovery allowed for pain and suffering or emotional distress. Claims must be filed within one year of discovery or two years from the negligent act, with additional requirements for providing detailed notice and evidence.

For claims against local governments, such as counties or cities, different laws apply. Immunities exist for discretionary acts, legislative functions, and work-related injuries, but claims for negligence in maintaining public properties or infrastructure are permitted. Notice must often be given within 90 days for claims related to public thoroughfares, and while there are no statutory caps, compensation is reduced by the fault attributable to other parties. Claims involving federal entities follow the Federal Tort Claims Act (FTCA), requiring administrative filings and compliance with strict procedural rules before litigation.

Medical Coverage Considerations

Understanding medical coverage after a car accident in Kentucky is essential for managing expenses and accessing necessary care. Kentucky’s system, which includes Personal Injury Protection (PIP) and optional coverages, offers multiple layers of support for accident victims.

Personal injury protection (PIP): Kentucky requires all auto insurance policies to include PIP coverage, providing up to $10,000 per person for medical expenses, lost wages, and related costs. This no-fault coverage ensures victims receive compensation regardless of who caused the accident. PIP coverage applies only when medical expenses exceed $1,000 and can be increased with optional higher-limit policies. For wage loss, PIP pays up to $200 per week or 85% of the victim’s regular income, whichever is lower.

Liability insurance: Liability insurance does not cover the policyholder’s medical expenses but instead compensates others for injuries caused by the at-fault driver. If another driver is at fault, their liability insurance can pay for medical costs, but only after fault is determined. This process may result in delays, and payments may be limited by the at-fault driver’s policy.

Health insurance: After PIP benefits are exhausted, health insurance can cover additional medical costs, such as hospital stays, surgeries, and rehabilitation. However, health insurers often seek reimbursement from accident settlements or judgments, making coordination between auto and health insurers crucial to avoid coverage gaps or delays.

Medical Payments Coverage (MedPay): MedPay is an optional coverage that can supplement PIP benefits, covering immediate medical expenses regardless of fault. Policyholders set the coverage limit, making it a practical choice for minor or out-of-pocket costs.

Uninsured/underinsured motorist coverage (UM/UIM): Kentucky drivers are encouraged to carry UM/UIM coverage to protect against accidents involving uninsured or underinsured drivers. This coverage can address medical expenses exceeding the at-fault driver’s policy limits, providing a financial safety net in these situations.

Government assistance programs: Medicaid and Medicare provide vital financial support for eligible individuals who lack sufficient coverage through auto or health insurance. These programs can cover medical expenses, including hospitalization and long-term care, but they generally require reimbursement from any settlement or judgment received from the accident. Maintaining thorough documentation of all medical expenses is essential to ensure compliance with reimbursement rules and to avoid complications during the claims process.

Medical Liens and letters of protection: Healthcare providers may place liens on accident settlements to secure payment for treatment. Attorneys can issue letters of protection, ensuring providers are paid from future settlements. These tools allow victims to access necessary care without upfront costs, but proper negotiation of liens is critical to maximize recovery.

Important considerations:

• Preserve documentation: Keep records of all medical bills, insurance communications, and related expenses
• Prompt treatment: Seek immediate medical attention to ensure your well-being and document injuries for claims
• Threshold for suing: Victims may pursue claims against an at-fault driver if their injuries meet specific thresholds, such as exceeding $1,000 in medical expenses, suffering permanent injuries, or experiencing a broken bone
• Motorcycle coverage: Motorcycle operators must opt into PIP coverage separately, and without it, they forgo the first $10,000 of injury claims

Unique Local Factors

Weather and road conditions: Kentucky’s diverse climate and terrain pose unique challenges for drivers throughout the year.

• Winters: Snow, ice, and freezing rain are common in the Appalachian region and can make mountain roads treacherous. Black ice on bridges and shaded areas increases accident risks, especially during early morning and evening hours
• Spring and summer: Heavy rainfall, thunderstorms, and occasional flash flooding can occur, particularly in low-lying areas or near rivers like the Kentucky and Ohio Rivers. Tornadoes are also possible, requiring drivers to remain vigilant
• Autumn: Falling leaves and fog reduce traction and visibility, particularly on rural and forested roads 

Drivers should inspect their vehicles seasonally, maintain safe speeds, and plan routes carefully during severe weather.

Traffic hazards and wildlife: Kentucky’s mix of urban centers and rural highways creates a variety of traffic hazards:

• Urban traffic: Cities like Louisville, Lexington, and Bowling Green experience congestion during rush hours, particularly along I-64, I-65, and I-75. Construction zones on major highways are common, requiring reduced speeds and alertness
• Wildlife collisions: Deer-related accidents are prevalent in rural and wooded areas, especially during fall mating season and dawn/dusk hours

To minimize risks, drivers should adhere to speed limits, remain vigilant near wildlife crossing signs, and exercise caution in construction zones.

Tourism and events: Kentucky hosts numerous attractions and events that can impact road conditions and increase accident risks.

• Kentucky Derby: Held annually in Louisville, this event draws significant traffic to the area around Churchill Downs and I-65
• Bourbon Trail: Tourism in bourbon distilleries throughout central Kentucky can lead to increased traffic on rural and scenic byways
• National and state parks: Popular destinations like Mammoth Cave National Park and Red River Gorge attract heavy traffic during weekends and holidays, especially on narrow rural roads

Drivers should plan for delays and be patient with tourists unfamiliar with local roads.

Local Resources & Contacts

State agencies:

• Kentucky Transportation Cabinet (KYTC): Provides information on road conditions, construction updates, and driver resources 
  • Website: transportation.ky.gov 
  • Phone: (502) 564-4890
• Kentucky Department of Insurance: Offers guidance on auto insurance requirements, personal injury protection (PIP) coverage, and assistance with insurance complaints
  • Website: insurance.ky.gov
  • Consumer hotline: (800) 595-6053

Kentucky State Police (KSP): Provides accident reporting resources and enforces traffic safety statewide.

• Website: kentuckystatepolice.org     
• Phone: (502) 782-1800

Consulting a Kentucky personal injury attorney: Experienced attorneys can guide victims through the complexities of Kentucky’s fault-based system, assist with claims exceeding PIP limits, and ensure compliance with the state’s statute of limitations. They can also help negotiate with insurance companies, determine liability, and pursue maximum compensation for medical expenses, lost wages, and other damages. Many attorneys offer free consultations, providing valuable insights into potential claims.