Kentucky is classified as a no-fault state as it relates to car accidents. This means that you would file a claim with your own insurance company after a wreck regardless of who caused it. However, you are allowed to pursue legal action if your damages exceed $1,000. Passengers in your vehicle or others who were hurt in an accident involving your vehicle may also have grounds to pursue legal action against another driver.
Understanding the statute of limitations
Assuming that you incur more than $1,000 in damages, your motor vehicle accident claim may still be dismissed if it isn’t filed in a timely manner. Typically, you have one year from the date of an accident to take action if the claim is related to bodily injury. However, you typically have two years from the date of the crash to seek compensation for property damage.
Pure comparative negligence
Kentucky uses a pure comparative negligence system to determine fault in an accident case. This means that your award will be reduced if you are found to be at all liable for your injuries or other losses. For example, if a jury rules that you’re 10% liable for a motor vehicle accident, you’ll only receive 90% of any money that you’re awarded.
Damages aren’t capped
State law doesn’t place a cap on the amount of compensation that you can receive in a settlement or from a jury. Ultimately, the size of your award will be based on the extent of your losses.
If you are involved in an accident, you may be entitled to compensation only if you can prove that your losses were the result of the defendant’s negligence. Witness statements, video footage and other lines of evidence may be used to verify that your losses were caused by another party’s irresponsible behavior.