This form is a sample answer and defenses filed by the defendant in a personal injury action.
Kentucky Answer and Defenses - Motor Vehicle Accident - Long
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Multi-State
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US-PI-0318
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FAQ
Section 11 of the Limitation Act 1980 (LA 1980) states the limitation period for a personal injury claim, which include road traffic accident claims, is three years. The three-year time limit applies to either of the following. Three years from the date of the accident.
Enacted in 1975, Kentucky's Motor Vehicle Reparations Act, KRS 304.39 (sometimes referred to as the No-Fault Law) has two components: personal injury protection (PIP) coverage and limitations on an individual's right to sue and be sued (tort rights).
In addition to filing a car accident report within 10 days, Kentucky allows only one year from the date of the accident to file a 'personal injury' lawsuit and two years to seek compensation for 'property damage.
Kentucky is one of three ?choice no fault states? where no-fault coverage is the default but can be rejected in writing. And even if you don't opt out, it's still extremely likely that you'll need to file a claim against the at-fault driver's insurance company anyway if you do get hurt in an accident.
2 Years From the Date of the Accident The Statute of Limitations in Kentucky for car accidents is two years from the date of the accident, or two years from the date the last no-fault medical payment (or no-fault PIP payment) was paid by your insurance company.
To start, by law anyone involved in an automobile accident involving property damage exceeding $500 must file a Civilian Collision Report with the Kentucky State Police (KSP) within 10 days of the accident.
What is the auto accident statute of limitations in Kentucky? There is a two year statute of limitations for auto accident claims in Kentucky. This limitation is found in Kentucky Revised Statute § 304.39-230, which states: 304.39-320 Limitations of actions.
In order to sue someone after a car accident in Kentucky, you must have at least $1,000 in medical expenses or have suffered any one of the following; A broken bone. Loss of a bodily function. Disfigurement.