Accident Settlement Calculator

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Kentucky Car Accident Settlement Calculator

In Kentucky, you generally have 2 years to file an injury lawsuit, you can recover even if mostly at fault, minus your share, and drivers must carry at least $25,000/$50,000 in injury liability; it is a no-fault state, so your own PIP pays first. Enter your numbers below to see what a Kentucky claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Kentucky rules in 30 seconds

If you were partly at faultYou can still recover, minus your share of the blame
Details & exceptions

Kentucky uses pure comparative fault: an injured person can recover even if they were mostly at fault, with damages reduced by their own percentage of fault. KRS 411.182 requires the jury (or judge) in all tort actions with fault of more than one party to find each claimant's total damages and the percentage of fault of each claimant, defendant, third-party defendant and released person, and judgment is entered on that basis. The statute contains no bar at any percentage. The Kentucky Supreme Court replaced contributory negligence with comparative negligence in Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984).

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Deadline to file a lawsuit2 years from the accident
Details & exceptions

Motor vehicle injury claims follow the Motor Vehicle Reparations Act (MVRA), not the general 1-year personal injury statute. KRS 304.39-230(6): a tort action for motor vehicle injury that is not abolished by KRS 304.39-060 must be brought within 2 years after the injury, the death, or the date the last basic or added reparation (no-fault/PIP) payment was issued by any reparation obligor, whichever is later. So a no-fault payment can extend the deadline past 2 years from the accident (a reissued replacement check does not extend it). The general limit in KRS 413.140(1)(a) is 1 year for injury to the person. Kentucky courts treat the MVRA period as the special statute that controls for motor vehicle accidents, including claims by pedestrians, motorcyclists without BRB coverage, and nonresidents (Bailey v. Reeves, 662 S.W.2d 832 (Ky. 1984); Troxell v. Trammell, 730 S.W.2d 525 (Ky. 1987); Ashby v. Money (Ky. 1986); case holdings from secondary summaries). Vehicles outside the MVRA's scope (e.g. ATVs, per a 1998 Court of Appeals decision) fall back to the 1-year rule. Property damage: KRS 413.125, 2 years for taking, detaining or injuring personal property. Claims against the Commonwealth and its agencies go to the Board of Claims and must generally be filed within 1 year (KRS 49.120); awards are capped at $250,000 per claimant and $400,000 per negligent act (KRS 49.040). Statute text was read from FindLaw mirrors (current as of 2025-01-01) because the official apps.legislature.ky.gov site did not respond.

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $25,000. KRS 304.39-110(1): $25,000 for bodily injury to any one person, $50,000 for all persons injured in one accident, and $25,000 for property damage (including loss of use) per accident. Alternatively, a single limit of $60,000 per accident is acceptable. The Kentucky Transportation Cabinet's mandatory insurance page states the same 25/50/25 or $60,000 single limit, and that the policy must include basic reparation benefits unless the vehicle is a motorcycle. Recent bills: 2024 SB 31 (would have changed minimums) died. In 2026, Senate Floor Amendment 1 to HB 627 would have phased in higher KRS 304.39-110 limits starting January 1, 2027, but the bill history shows both Senate floor amendments were withdrawn on March 27, 2026 and the bill passed with only the Senate Committee Substitute, so the minimums are unchanged.

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Who pays your medical billsYour own medical benefits first, then the at-fault driver
Details & exceptions

Kentucky is a choice no-fault state. Every owner, operator or user of a motor vehicle on Kentucky roads is deemed to accept the tort limitations (KRS 304.39-060(1)). Unless the person rejected them, tort liability is abolished to the extent basic reparation benefits (BRB, up to $10,000 per person per accident under KRS 304.39-020) are payable, and a claim for pain, suffering, mental anguish and inconvenience is allowed only if medical benefits paid or payable exceed $1,000, or the injury is a permanent disfigurement, a bone fracture, loss of a body member, a permanent injury within reasonable medical probability, permanent loss of bodily function, or death (KRS 304.39-060(2)(b)). Anyone may reject the tort limitations in writing or electronically on the Department of Insurance form, filed before the accident (KRS 304.39-060(4)). A person who rejects keeps full tort rights and liabilities, but cannot collect BRB (KRS 304.39-060(7)-(8)). Motorcycles need not carry BRB (KRS 304.39-110). 2026 HB 627 (Acts Ch. 149, in force July 15, 2026 per Department of Insurance Bulletin 2026-04 as reported by secondary sources) raised the weekly limit for work loss and replacement services from $200 to $500, raised the funeral benefit to $5,000, and tied PIP medical payments to the workers' compensation fee schedule. Secondary sources report that the $10,000 BRB limit and the $1,000 tort threshold were not changed.

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Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No cap on noneconomic damages. Kentucky Constitution Section 54: 'The General Assembly shall have no power to limit the amount to be recovered for injuries resulting in death, or for injuries to person or property.' Proposed constitutional amendments to allow caps (e.g. 2018 SB 2, 2022 HB 455 / SB 142) were not adopted as far as found. Exceptions: claims against the Commonwealth before the Board of Claims are capped at $250,000 per claimant and $400,000 per negligent act (KRS 49.040). Under the no-fault system, a person who has not rejected the tort limitations cannot recover pain and suffering unless the KRS 304.39-060 threshold is met (see no_fault).

Uninsured motorist coverageOptional
Details & exceptions

KRS 304.20-020(1): no auto liability policy on a vehicle registered or principally garaged in Kentucky may be issued unless uninsured motorist coverage is provided at least at the KRS 304.39-110 limits, but 'any named insured shall have the right to reject in writing such coverage.' So UM is included by default and is rejectable in writing. Underinsured motorist coverage is optional: KRS 304.39-320(2) says every insurer 'shall make available, upon request,' UIM coverage to its insureds.

Worked example: a typical Kentucky car accident claim

Another driver turned left into you at an intersection in Kentucky: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%. We assume your injury meets the state's serious-injury threshold.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Left after your own PIP pays$10,000Kentucky uses choice no fault insurance. Your own coverage pays up to $10,000 of economic losses, which is not claimed again from the at-fault driver.
  3. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  4. Total claim value$30,000 – $50,000Economic + pain and suffering.
  5. After your share of fault$24,000 – $40,000Kentucky uses pure comparative negligence: your recovery is reduced by your 20% share of fault.
  6. Limited by available insurance$24,000 – $40,000At-fault policy limit $100,000 + your UM/UIM $0.
  7. Estimated take-home$15,080 – $25,800Minus attorney fee (33%), case costs and medical liens.

You would take home about $20,440 ($15,080 – $25,800), after the 33% fee and $1,000 in case costs, on top of the $10,000 your own PIP pays.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Kentucky

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road1 year (state) / 90 days (city road defects)

Claims against the Commonwealth and its agencies must be filed with the Board of Claims within 1 year. If a city's defective street or sidewalk caused the crash, written notice to the city is due within 90 days.

KRS 49.120, Board of Claims filing deadlineKRS 411.110, Notice to city of injury from defective thoroughfare

If the injured person is a child

For a child hurt in a car crash, the 2-year clock generally starts at 18 (until age 20), but Board of Claims and city street notice deadlines are not extended for minors.

KRS 413.170, Disabilities that toll limitationLemmons v. Ransom, 670 S.W.2d 478 (Ky. 1984): KRS 413.170 tolls the MVRA 2-year period for minorsKRS 49.120(5), infants' claims must be filed by a representative within the same 1 year

How fast a Kentucky insurer must respond

Kentucky's Unfair Claims Settlement Practices Act requires prompt, good-faith handling without fixed response deadlines. Payments owed to the policyholder are due within 30 days of proof of claim, or 12% yearly interest applies.

KRS 304.12-235, Time for payment of claims; interestKRS 304.12-230, Unfair claims settlement practices

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Kentucky crash

How no-fault insurance affects a Kentucky claim

In Kentucky, your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, regardless of who caused the crash. You can generally pursue the at-fault driver for pain and suffering only if your injury meets the state's threshold. Tick the threshold box in the calculator if that applies to you.

Frequently asked questions

What is a typical car accident settlement in Kentucky?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault and your own PIP paying first, a Kentucky claim against the other driver is worth about $32,000, and the injured person takes home about $20,440 after a 33% attorney fee and costs.
Is Kentucky an at-fault or no-fault state for car accidents?
Kentucky's car insurance system: Choice no-fault. Kentucky is a choice no-fault state. Every owner, operator or user of a motor vehicle on Kentucky roads is deemed to accept the tort limitations (KRS 304.39-060(1)). Unless the person rejected them, tort liability is abolished to the extent basic reparation benefits (BRB, up to $10,000 per person per accident under KRS 304.39-020) are payable, and a claim for pain, suffering, mental anguish and inconvenience is allowed only if medical benefits paid or payable exceed $1,000, or the injury is a permanent disfigurement, a bone fracture, loss of a body member, a permanent injury within reasonable medical probability, permanent loss of bodily function, or death (KRS 304.39-060(2)(b)). Anyone may reject the tort limitations in writing or electronically on the Department of Insurance form, filed before the accident (KRS 304.39-060(4)). A person who rejects keeps full tort rights and liabilities, but cannot collect BRB (KRS 304.39-060(7)-(8)). Motorcycles need not carry BRB (KRS 304.39-110). 2026 HB 627 (Acts Ch. 149, in force July 15, 2026 per Department of Insurance Bulletin 2026-04 as reported by secondary sources) raised the weekly limit for work loss and replacement services from $200 to $500, raised the funeral benefit to $5,000, and tied PIP medical payments to the workers' compensation fee schedule. Secondary sources report that the $10,000 BRB limit and the $1,000 tort threshold were not changed.
Is there a cap on pain and suffering in Kentucky car accident cases?
No general cap for typical car accident injury claims. No cap on noneconomic damages. Kentucky Constitution Section 54: 'The General Assembly shall have no power to limit the amount to be recovered for injuries resulting in death, or for injuries to person or property.' Proposed constitutional amendments to allow caps (e.g. 2018 SB 2, 2022 HB 455 / SB 142) were not adopted as far as found. Exceptions: claims against the Commonwealth before the Board of Claims are capped at $250,000 per claimant and $400,000 per negligent act (KRS 49.040). Under the no-fault system, a person who has not rejected the tort limitations cannot recover pain and suffering unless the KRS 304.39-060 threshold is met (see no_fault).
What happens if I was partly at fault for an accident in Kentucky?
Kentucky follows pure comparative negligence, so you can recover damages even if you were mostly at fault, but your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Kentucky?
Generally 2 years for personal injury and 2 years for property damage. Motor vehicle injury claims follow the Motor Vehicle Reparations Act (MVRA), not the general 1-year personal injury statute. KRS 304.39-230(6): a tort action for motor vehicle injury that is not abolished by KRS 304.39-060 must be brought within 2 years after the injury, the death, or the date the last basic or added reparation (no-fault/PIP) payment was issued by any reparation obligor, whichever is later. So a no-fault payment can extend the deadline past 2 years from the accident (a reissued replacement check does not extend it). The general limit in KRS 413.140(1)(a) is 1 year for injury to the person. Kentucky courts treat the MVRA period as the special statute that controls for motor vehicle accidents, including claims by pedestrians, motorcyclists without BRB coverage, and nonresidents (Bailey v. Reeves, 662 S.W.2d 832 (Ky. 1984); Troxell v. Trammell, 730 S.W.2d 525 (Ky. 1987); Ashby v. Money (Ky. 1986); case holdings from secondary summaries). Vehicles outside the MVRA's scope (e.g. ATVs, per a 1998 Court of Appeals decision) fall back to the 1-year rule. Property damage: KRS 413.125, 2 years for taking, detaining or injuring personal property. Claims against the Commonwealth and its agencies go to the Board of Claims and must generally be filed within 1 year (KRS 49.120); awards are capped at $250,000 per claimant and $400,000 per negligent act (KRS 49.040). Statute text was read from FindLaw mirrors (current as of 2025-01-01) because the official apps.legislature.ky.gov site did not respond.
What is the minimum car insurance in Kentucky?
$25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. KRS 304.39-110(1): $25,000 for bodily injury to any one person, $50,000 for all persons injured in one accident, and $25,000 for property damage (including loss of use) per accident. Alternatively, a single limit of $60,000 per accident is acceptable. The Kentucky Transportation Cabinet's mandatory insurance page states the same 25/50/25 or $60,000 single limit, and that the policy must include basic reparation benefits unless the vehicle is a motorcycle. Recent bills: 2024 SB 31 (would have changed minimums) died. In 2026, Senate Floor Amendment 1 to HB 627 would have phased in higher KRS 304.39-110 limits starting January 1, 2027, but the bill history shows both Senate floor amendments were withdrawn on March 27, 2026 and the bill passed with only the Senate Committee Substitute, so the minimums are unchanged.
What is the deadline to file a claim against the government in Kentucky?
1 year (state) / 90 days (city road defects). Claims against the Commonwealth and its agencies must be filed with the Board of Claims within 1 year. If a city's defective street or sidewalk caused the crash, written notice to the city is due within 90 days.
How long does an insurance company have to respond to a claim in Kentucky?
Kentucky's Unfair Claims Settlement Practices Act requires prompt, good-faith handling without fixed response deadlines. Payments owed to the policyholder are due within 30 days of proof of claim, or 12% yearly interest applies.

Related

Official sources