If you get into a car accident in Kentucky, you must file a report if the accident is not investigated by the police. Since Kentucky is a no-fault state, you will likely file a claim for damages through your personal injury protection insurance.

Getting into an accident can be a scary experience. Between attending to any injured persons, calling the police, evaluating your damages, and filing an insurance claim, there are a lot of things to think about. That’s why knowing your state’s car accident laws is very helpful.

Jerry

the

car insurance

comparison super app is here to help guide you through the ins and outs of Kentucky’s car accident laws. In this article, you’ll find the details on reporting an accident, financial responsibility, claiming damages, and how Kentucky’s pure comparative negligence law may affect you. Plus, we'll throw in some tips to help you lower your

Kentucky car insuarnce costs

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What to do after a crash: Kentucky car accident reporting laws

The most important thing

to do after a car accident

is to evaluate if you or anyone in the car is injured or in danger. If possible, move your car to a safe spot that is out of the way of traffic, put on your hazard lights, and call 911 if anyone involved in the accident is hurt.

You will have to notify the Kentucky State Police and your insurance provider about the accident. It’s a good idea to document the incident by taking photos of the scene of the accident along with any damages. It’s also crucial that you exchange insurance information with anyone else involved.

Here are some insights into important sections of the Kentucky car accident laws that have to do with reporting an accident.

When to report an accident to the police

Section 189.635

of Kentucky’s Vehicle Code requires drivers to report an accident to the police within 10 days. Police almost always respond to serious crash reports, however, you will need to fill out a

Civilian Traffic Collision Report Form

if the incident was not investigated and one of the following occurred:

Any person was injured or died as a result

There is damage to one or both vehicles totaling more than $500

If police come to the scene of the collision, they will file the report and you won’t have to obtain or submit a form.

MORE: How to file a car accident claim report

Financial responsibility and coverage minimums: Kentucky’s insurance laws

Purchasing

liability coverage

is required by law in order to operate a vehicle in Kentucky. Every driver must have a minimum of the following in liability coverage:

$25,000 of

bodily injury liability

per person

$50,000 of bodily injury liability per accident

$25,000 of

property damage liability

per accident

Driving without insurance can get you in some serious legal trouble. The penalties for failing to have liability coverage include having your

vehicle registration

revoked, a $500 to $1,000 fine, and/or up to 90 days in jail.

Unfortunately, there are many people who take the risk and choose not to purchase car insurance. A study conducted in 2019 found that about 13.9% of drivers in Kentucky have inadequate insurance.

If you’re worried about getting into an accident with an uninsured driver, there is a policy to protect you. Kentucky does not require providers to offer

uninsured/underinsured motorist coverage

, but this plan will protect you in the event that you are involved in an accident with an uninsured driver.

MORE:

Kentucky reckless driving

Claiming damages after an accident: Kentucky’s personal injury laws

Since Kentucky is a

no-fault state

, drivers are required to have

personal injury protection (PIP)

in the amount of at least $10,000 per person. With PIP and no-fault laws, drivers file a claim through their own insurance provider first rather than the other person’s. If you’re injured in a car accident in Kentucky you can file a claim for compensation for the following:

Lost wages

Lost earning capacity

Medical expenses

Estimated cost of future medical care

Pain and suffering

Scarring and disfigurement

Loss of consortium

Vehicle repairs

Rental car fees

Diminution of value

Punitive damages

If you choose a $10,000 PIP, your insurance provider will only cover medical expenses up to that amount in an at-fault accident. Kentucky has a $60,000 combined single limit which means that your bodily injury and property damage policies are combined instead of separate.

There is a certain amount of time given to file a claim for damages resulting from a car accident. In most cases, you have two years to file a claim against the at-fault party in the following circumstances:

For property damage claims

For bodily injuries that exceed Kentucky’s no-fault threshold

Exceptions to Kentucky’s personal injury laws

There are a few exceptions to Kentucky’s personal injury law. In the following cases you will have a different period of time to file a claim:

If you’re under 18 years old and are injured, you will have an additional year after turning 18 to file a claim

If you are deemed legally incapacitated, you will have an extra year to file after you’ve been cleared as no longer unsound.

If the person you are filing against goes missing or leaves the state to avoid charges, the case is paused until they return or are found

If you do not have no-fault insurance, you will only have one year instead of two

If you are injured by an employee of the state or someone who is sovereign immune, you have one year to file a claim

If the case does not have a clearly defined statute of limitations, there is generally a ten-year limit

MORE:

Car insurance for loss of income after a car accident

Who’s to blame: Kentucky’s pure comparative negligence law

Figuring out who is at fault for an accident is not always easy. Sometimes both parties share the blame, and in that case, who gets to file a claim against the other?

Section 411.182

states that

Kentucky is a pure comparative negligence state

, which means that if you are partially at fault in a car accident, you will receive partial compensation for damages.

To paint a picture of how this law works, imagine Kendall and Krissy are involved in a car accident where Kendall was speeding and Krissy was driving under the influence. Both parties might have contributed to the accident but one may be more at fault than the other. Let's say Krissy is deemed 85% at fault and Kendall only 15% at fault. Krissy or her insurance provider will be responsible for 85% of Kendall’s damages and Kendall will have to cover 15% of Krissy’s.

There are only 12 states that follow the pure comparative negligence law so keep that in mind when you’re driving through other states!

MORE:

What is accident forgiveness and is it worth it?

How to save money on car insurance in Kentucky

Getting into an accident in Kentucky is almost a sure way to increase your insurance premium. Luckily,

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