Basics of Kentucky auto accident law

Basics of Kentucky auto accident law
Frequently Asked Questions (FAQ)s

What traffic accidents must be reported to the police?

1. If a traffic accident results in personal injury, it must be reported to the police.
2. If an auto accident causes a death, law enforcement must be notified immediately.
3. If a vehicle is rendered inoperable from a collision, Kentucky law requires that public safety officials are informed.

If the driver fails to notify officials for any reason, the responsibility falls upon the occupants of the vehicle.

For any other non-injury accident resulting only in property damage of $500 or more, the driver must file an accident report with the Kentucky State Police within ten days.

Online Kentucky State Police Civilian Collision Report
Printable KSP Collision Report PDF Download.

If a police officer responded to my collision do also I need to fill out a report?

No. The Kentucky State Police asks you not to file an accident report if the police have already done so. But, it might be smart to check that a report was actually filed and to see what it said. The police officer who filled out the report might have made a reporting mistake or may have left out an important detail. If the official accident report needs to be corrected, in your opinion, you may wish to send a letter to the KSP to explain the problem and to document your side of the story.

Should I report a collision to my insurance company?

The relationship between you and your insurance company is controlled by your insurance policy. It is a written contract that defines your rights and responsibilities. Insurance policies are not easy reading, but somewhere in that document, it tells you what you must do if you are involved in an accident. Your insurance company will not pay for any medical expenses or property damage from an accident they do not know about. You might forfeit your liability coverage if you fail to report an accident. It is nearly impossible to hide an accident from your insurance company, so there is little to be gained by not reporting it. Ask your agent what you should do.

What happens if an uninsured vehicle is involved in a traffic accident?

If any vehicle involved in an auto accident is uninsured, the law enforcement officer who investigates the accident must issue a citation to the owner of the vehicle for the violation of Kentucky's required minimum insurance law. [KRS 189.636]

Is Kentucky a "no-fault" state?

Yes. Since 1975 Kentucky law has provided basic reparations for those injured in auto accidents. It is also called Personal Injury Protection (PIP). Basic minimum insurance coverage is required for each vehicle registered in the state. The minimum required PIP coverage provides up to $10,000 coverage for each injured individual. This assures that medical bills are paid promptly and basic economic losses are covered without the delay and uncertainty of litigation.

What are the penalties for driving without insurance?

For a first offense, there is a fine of $500 to $1,000 and the possibility of up to 90 days in jail. A second offense carries a $1,000 to $2,500 fine, up to 180 days in jail, and having your driving privileges suspended for a year.

Can I sue for pain and suffering damages from a traffic accident?

Unless you have opted out of Kentucky's no-fault system, you cannot sue for any damages from an automobile accident unless:

1. Your medical expenses are more than $1,000,
2. You suffered a broken bone, or
3. If you suffered a permanent injury or disfigurement.