Kentucky Car Wreck FAQs

Kentucky motor-vehicle cases have special limitation rules, so there is not one deadline that safely applies to every case. Under KRS 304.39-230(6), a motor-vehicle tort action covered by the Motor Vehicle Reparations Act generally may be filed within two years after the injury or death, or within two years after the issuance of the last basic or added reparation payment, whichever occurs later. Different rules can apply depending on the claim, parties and circumstances. Because waiting can also result in lost evidence, it is best to have the deadline evaluated promptly.

Kentucky’s Motor Vehicle Reparations Act provides basic reparation benefits, commonly called PIP or no-fault benefits, for certain economic losses resulting from a motor-vehicle injury. The statutory basic-reparation-benefit limit is generally $10,000 per injured person per accident. Covered “loss” can include medical expenses, work loss and replacement-services loss, subject to the statute and policy. 

Kentucky also permits a person to formally reject certain no-fault limitations, so the particular policy and circumstances matter. 

Potentially, yes. Kentucky allocates fault among the parties in tort cases. The fact-finder determines each party’s percentage of fault, and the claimant’s recovery is determined in accordance with those percentages. Therefore, being partly responsible does not automatically mean that an injured person has no claim, although the person’s own percentage of fault can reduce the recovery. KRS 411.182 sets out Kentucky’s allocation-of-fault framework. 

UIM coverage can protect an insured when the person responsible for a motor-vehicle accident does not have enough liability insurance to compensate the insured for the damages legally recoverable.

Kentucky requires insurers to make UIM coverage available upon request; that is different from saying every Kentucky policy automatically contains UIM coverage. The policy must be reviewed to determine whether coverage exists and what limits and conditions apply. 

Uninsured-motorist coverage may provide compensation when an insured is legally entitled to recover damages from the owner or operator of an uninsured vehicle. Kentucky generally requires automobile liability policies issued in the Commonwealth to include uninsured-motorist coverage unless the named insured rejects it in writing. 

Determining available coverage can require examining your policy, household policies and the particular facts of the collision.

Potentially, yes—but this is an area where an injured person should be particularly careful before signing a release.

KRS 304.39-320 establishes a procedure for settling with the liability insurer while preserving a potential UIM claim. Among other things, written notice of the proposed settlement must be provided to applicable UIM insurers, which generally have 30 days to consent or take statutory action to preserve subrogation rights. Kentucky law also now expressly permits settlement with the underinsured driver for less than the driver’s full liability limits, subject to the statute’s requirements and the UIM insurer’s statutory credit.

You should understand who is requesting the statement and why before agreeing to one. The other driver’s insurance company is investigating the claim on behalf of its insured and its own interests. Statements concerning how the wreck occurred, injuries or prior medical history can later become important evidence.

There is no good reason for the website to give everyone the same blanket answer. A person with a significant injury should consider obtaining legal advice about the particular request before providing a recorded statement.

Read it carefully before signing. A broad medical authorization may permit an insurer to obtain substantially more information than records concerning treatment following the wreck.

An attorney can determine what medical information is relevant to the claim and whether a requested authorization is appropriately limited. Bates & Slone can evaluate the request before a client signs it.

Depending upon the facts and applicable law, damages can potentially include medical expenses, lost income and other economic losses, as well as pain, suffering and other legally recoverable noneconomic damages.

Kentucky’s no-fault law places restrictions on recovery of noneconomic damages in some motor-vehicle cases. For example, KRS 304.39-060 provides a threshold that can be satisfied by more than $1,000 in qualifying medical expenses or by specified injuries such as a fracture, permanent injury, permanent disfigurement, loss of bodily function or death. 

The damages available in an individual case depend on the injuries and circumstances.

Lost earnings can be an element of a motor-vehicle injury claim when supported by appropriate evidence. Kentucky’s basic reparation benefits also include “work loss” within the statutory definition of covered economic loss. 

There is an important current change here: legislation enacted in 2026 increases the statutory weekly limit for certain basic-reparation losses from $200 to $500, with applicability tied to the legislation’s effective-date and policy issuance/renewal provisions. Omnizant should therefore avoid putting a single weekly PIP wage figure on an evergreen webpage without an effective-date qualification. 

Not every injury is fully apparent immediately after a collision. Symptoms can develop or become more significant after the initial event.

Someone experiencing symptoms after a wreck should seek appropriate medical evaluation based on his or her medical needs. From a legal standpoint, medical records can also become important evidence concerning the nature, timing and cause of claimed injuries.

An insurance company’s position does not necessarily determine the legal value of a claim.

A proper evaluation can include the nature and extent of the injuries, medical expenses, lost earnings, future consequences, pain and suffering, liability, available insurance and other recoverable damages. In an appropriate case, additional coverage such as UIM may also be relevant. Kentucky’s UIM statute specifically addresses “uncompensated damages” where applicable coverage exists.

A fatal collision can involve legal claims and damages different from those involved when the injured person survives. It can also involve questions concerning the decedent’s estate, personal representative and statutory beneficiaries.

Deadlines can differ as well. KRS 304.39-230 contains separate provisions addressing death and survivor’s benefits, which is another reason a fatal motor-vehicle case should not be evaluated using a generic “two-year rule.”

No fee until we win.

At Bates & Slone, we handle car-wreck cases on a contingency-fee basis. That means you don’t pay an attorney’s fee upfront. Our attorney’s fee is based on a percentage of the recovery we obtain for you.

We will explain our fee arrangement and responsibility for case expenses before you hire us.

No upfront attorney’s fee. No hourly attorney bills.

We understand that a serious car wreck can leave you facing medical bills, lost wages and financial uncertainty. The last thing you need is another bill just to hire an attorney.

Bates & Slone offers free consultations and handles car-wreck cases on a contingency-fee basis.

Not necessarily. Many claims can be resolved without a trial. Whether litigation becomes necessary depends upon issues such as disputed liability, the extent of the injuries, available insurance coverage and whether the insurer is willing to offer an acceptable resolution. 

When a claim cannot be appropriately resolved through negotiation, filing suit allows the parties to use the litigation process to obtain evidence and ultimately have disputed issues decided by the court or a jury.