In the 21st century, Kentuckians are becoming more and more reliant on their cars, trucks, or motorcycles to get around, so traffic crashes are a sad reality of life. In Kentucky, car accidents were the top five leading causes of accidental death in the state.
Kentucky accident statistics
Total crashes in 2015-694
Injury crashes in 2015- 23,803
Property-damage crashes- 111,841
How are car accident claims handled in Kentucky?
In some states accident, victims have the choice of filing their claim with their claim with the careless driver’s insurance company or by filing a claim in civil court. Kentucky is different because, in 1975, the state passed KRS 304.39, the Kentucky Motor Vehicle Reparations Act. The law is often referred to as the No-Fault Law and requires car accident victims to file traffic accident claims with their vehicle insurance company unless their claim is exempt from the no-fault system.
An accident claim is exempt from the no-fault system if a driver opts of out the no-fault system by signing a special form which is submitted to Kentucky’s Department of Insurance. If you opt out of the state’s no-fault system, you have the option to sue another driver, but it also means you can be sued
Personal injury protection insurance rules
Because motorists are required to file injury claims with their auto insurance company, Kentucky’s no-fault laws require drivers to carry a minimum of $25,000 in personal injury protection to cover costs associated with medical expenses, lost wages and other expenses. Drivers can choose to purchase more coverage, and deductible amounts if they want better coverage for medical and repair expense.
When can car accidents file a civil claim?
If a driver has opted out of the no-fault system, they can file a civil suit against the at-fault motorist if:
-the costs of their injuries and property costs exceed $1,000
-they suffered a severe injury that results in broken bone or fracture of a weight-bearing bone, disfigurement, permanent injury or loss of bodily function.
Car accident victims should be aware that they have a limited amount of time to file their injury claim in Kentucky. This time is referred to as
Civil court claims in Kentucky
If your accident was minor, resulting in $5,000 in damage or less, you might consider taking your case to a District Court. These courts have limited jurisdiction and handle small claims for $2,500 or less and civil claims, including car accident claims for less than $5,000.
District Court in Louisville
700 W Jefferson St, Louisville, KY 40202
District Court in Lexington:
Fayette County District Court
150 N Limestone, Lexington, KY 40507
District Court in Paducah:
301 S 6th St, Paducah, KY 42003
District court judges hear cases in all counties in the state and serve four years.
If you need to file an injury claim that exceeds $5,000, you must file your accident claim in circuit court. Circuit courts also hear cases involving felonies and appeals from the district court division.
Louisville Circuit Court:
Jefferson County Judicial Center
Address: 700 W Jefferson St #105, Louisville, KY 40202
Lexington Circuit Court Clerk
120 N Limestone # 103, Lexington, KY 40507
Circuit court judges serve multiple counties and judges serve eight-year terms.
Speak to an attorney
Kentucky’s no-fault insurance rules, exemptions and personal injury laws are confusing. Let us connect you with an accident attorney in Kentucky to clarify the laws and procedures of recovering personal injury compensation.