What are Kentucky car accident laws? First you should expect the defendant, or the person you are attempting to sue, to bring up that disparity with the court as part of a motion to dismiss if you attempt to file your case after the relevant time limit has passed. Unless there is a rare exemption that allows the filing date to be extended, the court will most likely grant the motion, and your case will be over. Understanding how the statute of limitations relates to your circumstances is so essential. You should give yourself enough time to file a lawsuit if necessary, even if you are certain that your case will be settled through the auto insurance claim procedure. If nothing else, this will provide you more negotiating power
In most situations, you have two years from the date of the accident or the last PIP payment, whichever comes first, to bring a personal injury lawsuit against the at-fault party if you were hurt in a car accident that was caused by someone else and your injuries are more severe than what Kentucky’s no-fault law allows.
In contrast, Kentucky law permits a victim to sue the at-fault party for property damage two years following an accident if there is only property damage.
Following a traffic collision in Kentucky, if you were hurt or your car was damaged, the following state statutes may significantly affect any claim you choose to file:
- most auto accident cases in Kentucky’s civil court system must be filed within two years,
- The “pure comparative fault” rule in Kentucky, which favors claimants, permits monetary compensation in cases where the claimant was partially or even entirely at fault for the auto accident.
There are about twelve states with no-fault auto insurance, including Kentucky. This implies that, regardless of who caused the collision, you will typically need to make a claim under your own personal injury protection plan in order to receive reimbursement for medical expenses and other monetary losses following an automobile accident. You can only leave no-fault and file a claim against the at-fault motorist if your injury claim satisfies specific requirements.
Limitations Statute
The statute of limitations for an automobile accident is normally two years from the date of the accident or the latest PIP payout if you want to sue the at-fault driver for personal injuries.
There are, however, a number of exceptions, some of which reduce the statute of limitations to months (in some claims against governments) or even a year (if the claimant rejected PIP payments or PIP did not apply to the type of loss). Some Damages Could Be Obtained in a Kentucky Auto Accident Case?
You might be eligible for compensation for your losses or injuries if you were hurt in an automobile accident in Kentucky:
- Wages lost
- Decreased earning potential
- Medical costs
- The anticipated expense of future medical care and treatment
- Suffering and agony
- Disfigurement and scarring
- Consortium loss
Conclusion
A skilled auto accident lawyer will be able to examine your case and determine all of the potential damages for which you qualify. Your lawyer will be able to negotiate the best settlement for you or, if needed, represent you in court after looking into the particulars of your case. In addition to binding jurors and judges in Kentucky (should your auto accident case proceed to trial), the comparative negligence rule will serve as a guide for an auto insurance claims adjuster as they assess your case. Additionally, remember that since fault allocation cannot be done empirically,
