If you have sustained injuries in a car accident, you should consult with an attorney immediately. However, before contacting an attorney, you should consider these important factors.

Liability: Who was at fault in the accident?
Your injuries. You can only take legal action if you meet one of the following criteria:
- Your medical expenses exceed $1,000
- You suffered one or more of the following injuries:
  - Broken bone
  - Loss of bodily function
  - Disfigurement
  - Amputation
  - Permanent Injury
  - Death
Insurance: Do your damages exceed the at-fault driver’s insurance coverage and any underinsured coverage you may have on your own policy?
Statute of Limitations: In Kentucky, you typically have two years from the date of the accident to file a claim, but this can be extended if PIP payments have been made.

Flora Templeton Stuart Accident Injury Lawyers are experienced attorneys who can a provide free consultation for your car accident claim. Consulting with an attorney is vital, as the legal process can be complex and time-consuming.

Understanding Kentucky’s No-Fault Insurance System and the Role of Personal Injury Protection (PIP) Coverage

Kentucky is one of twelve states that implement “no-fault” car accident laws, which means that all drivers must carry personal injury protection (PIP) insurance unless the driver denies the coverage in writing.

Under this system, injured drivers and passengers must initially file claims with their own insurance providers before pursuing claims against the at-fault driver’s insurance. The PIP insurance provider will cover medical expenses, lost wages, and costs of the case, regardless of fault, up to a specified limit.

The minimum limits for PIP is $10,000 but this can be increased on your policy which is recommended. However, motorcycle owners do not have PIP coverage unless they add it to their policy. At the law firm of Flora Templeton Stuart Accident Injury Lawyers, we immediately reserve PIP for our clients to get the help they need.

Opting Out of Kentucky’s No-Fault System

Kentucky law allows residents to opt out of the no-fault insurance system. Those who reject the no-fault provisions may file claims against the at-fault driver, regardless of whether the injury or expense threshold is met. This decision, however, can cause monthly premiums to be higher and can expose the driver to potential litigation following the accident and not have PIP benefits.

Insurance Coverage Requirements in Kentucky

Kentucky drivers are required to carry a minimum for car insurance that will pay another person if you are negligent in the operation of your vehicle and cause injury to another person or property damage to their vehicle. Drivers are required to carry 25/50 which is $25,000 per person and $50,000 coverage per accident. Very often, the minimal limits are not enough to pay for the medical expenses and damages sustained by an injured driver.

For commercial vehicle caused accidents, the limits are often $300,000 to several millions in insurance. Even though bodily injury and property damage insurance coverage is required by law there are other types of insurance coverage that you can include in your insurance policy to protect you and your family in the event of an accident. These types of coverages include:

Uninsured Motorist Coverage: Car insurance company is required to provide minimum uninsured coverage in the event that the person who hits you and causes your injury where they are at fault does not have car insurance. This can be waived by you and the coverage is $25,000 per person and $50,000 per collision. Never waive this coverage. Uninsured protects you where the other driver does not have car insurance. You can increase the limits to 100/300 and 300/500, which is recommended.
Underinsured Motorist Coverage: This is additional coverage that you can elect to take when you obtain your insurance policy that will protect you if the at-fault driver does not have enough car insurance to cover all of your damages. You can increase the limits to 100/300 and 300/500 to protect you and your family.

This is common since in Kentucky you are only required to have $25,000 per person and this is often inadequate to cover damages where you have been seriously injured in an automobile or other vehicle accident. Motorcycle owners often do not have this coverage but can add it to their policy.

Statute of Limitations for Car Accident Lawsuits in Kentucky

Under KRS 304.39-230, the Kentucky car accident statute of limitations is two years following the date of the accident during which a claim may be filed. However, this can be extended to two years from the date of the last PIP payment that was made, providing the PIP insurance company made payments related to your claim.

Once this period expires, individuals 18 years and over who have been injured are no longer eligible to file a claim. Minors under 18 will not start running the time until they reach the age of 18.

Steps to Take After a Car Accident in Kentucky

Following a car accident, it is crucial to take the following steps to protect your rights:

Notify the police and file an official police report.
Refrain from admitting fault or partial fault for the accident.
Seek immediate medical attention for any injuries, regardless of their perceived severity.
Call an attorney experienced in representing the injured and 0take photos of your injuries and damage.
Write down contact information of any witnesses.

If you plan to pursue a car accident lawsuit in Kentucky, partnering with an attorney is essential to understand your options.

Flora Templeton Stuart Accident Injury Lawyers will assess the evidence to determine liability in your case, evaluate the extent of your damages, and advise you on your right to file a claim. We will also manage all communications and negotiations with the insurance company on your behalf.

If you have sustained injuries in a car accident, contact us at 888-782-9090 or complete our online form for a free consultation.