What are the time limits or Statute of Limitations in Kentucky?Under Kentucky law, the Motor Vehicle Reparations Act, the statute of limitations (deadline) for filing a lawsuit against an at-fault driver is two (2) years from the date of the automobile accident or two (2) years from the date of the last No-fault/PIP payment, even if the last payment is well beyond two (2) years after the accident. A derivative claim or a claim associated with a direct personal injury, such as the right of a spouse to sue for injury to that spouse's husband or wife remains one (1) year. Also, property damage claims must be filed no later than two (2) years from the date of the accident. Because all cases are different and present with unique issues consultation with a lawyer can help navigate this difficult undertaking.
What is no-fault?The No-Fault law in Kentucky does not have anything to do with which driver is at fault in a car or truck accident. It is about insurance benefits. How insurance benefits must be paid in the event of an automobile accident resulting in injury. No-fault does not have anything to do with damage to your property. This is generally covered under the "collision" or "property damage liability" provision of the at-fault vehicle's policy. No-Fault is also known as Personal Injury Protection or PIP. If you are involved in a car or truck accident you look at the policy on the car that person was riding in or which hit them if they were a pedestrian. That person may collect up to $10,000 in out-of-pocket expenses or losses. Anyone except the driver of an uninsured vehicle can fall back on his or her own insurance No-fault benefits.
Examples of out-of-pocket costs include:
- medical bills
- lost wages ($200 per week)
- loss replacement services (things around the house)
- funeral bills up to $1000