{"id":373510,"date":"2016-03-31T21:35:21","date_gmt":"2016-04-01T02:35:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kentucky-law\/kentucky-accident-and-injury-laws.html"},"modified":"2024-12-31T12:28:50","modified_gmt":"2024-12-31T17:28:50","slug":"kentucky-accident-and-injury-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-accident-and-injury-laws.html","title":{"rendered":"Kentucky Accident and Injury Laws"},"content":{"rendered":"\n
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\n \n Kentucky Accident and Injury Laws\n <\/h1>\n \n Learn about your state’s laws by using the links below.\n <\/p>\n <\/div>\n<\/div>\n\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you find yourself in a fender bender on one of Kentucky’s infamous narrow country roads, you will be thankful you are in a state where minor accidents are rather simple to resolve. But if your accident results in serious damages, you will want to know the specifics of Kentucky’s complicated car accident compensation laws.<\/p>\r\n

Continue reading for an overview of car accident compensation laws in Kentucky.<\/p>\r\n

‘No Fault’ and ‘Pure Comparative Fault’ Rules Apply<\/h2>\r\n

Kentucky is one of the few states that has a ‘no fault’ system for insurance claims. For a successful claim, an injured party must prove damages exceeding certain thresholds. The Kentucky Department of Insurance reports that injured people can bring a claim if their injuries exceed<\/a> $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death.<\/p>\r\n

Like many other states, Kentucky is a ‘pure comparative negligence’<\/a> jurisdiction. This means that if your case goes to trial, the judge or jury will calculate percentages of fault for each driver. The judge or the jury will reduce each driver’s liability accordingly.<\/p>\r\n

For example, if a driver suffers $10,000 in damages, but is found to be 90% at fault, the court will reduce the driver’s recovery to $1,000. In many other states, when a driver is more than 50% at fault, they can recover nothing.<\/p>\r\n

The table below describes key elements of Kentucky’s car accident compensation laws.<\/p>\r\n

<<\/p>\r\n\r\n

Statute of Limitations<\/p>\r\n<\/th>\r\n

\u2022 One year for personal injury lawsuits (Kentucky Revised Statutes 413. 140(1)(a)<\/a>)<\/p>\r\n

\u2022 Two years for property damage lawsuits (Kentucky Revised Statutes 413. 125)<\/p>\r\n<\/td>\r\n<\/tr>

Limits on Damages<\/p>\r\n<\/th>\r\n

The "No-Fault" System requires damages to first exceed specific minimums. (Kentucky Revised Statutes 304.39-060<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Other Limits<\/p>\r\n<\/th>\r\n

Comparative Fault System (Kentucky Revised Statutes 411.182)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Types of Damages<\/h2>\r\n

The legal system often divides damages into two types: economic damages and non-economic damages.<\/p>\r\n

Economic damages are precisely what they sound like: money-based damages. Economic damages include repair or replacement of the damaged cars, past and future medical expenses, lost income, and other out-of-pocket expenses.<\/p>\r\n

Non-economic damages, on the other hand, are harder to calculate because they include things like pain, emotional distress, and disability or disfigurement.<\/p>\r\n

Examples of common car accident damages<\/a> include:<\/p>\r\n