How Long Does a Car Accident Settlement Take in Kentucky?

If you’re involved in an accident on the road, it’s helpful to understand Kentucky car accident laws and how they pertain to your case. For example, you likely are going to want to know: How long does a car accident settlement take in Kentucky? 

Unfortunately, there isn’t one answer to this question. How long it takes to reach a resolution for a car accident case depends on the nature of the case and whether or not all parties are willing to cooperate. 

Filing a Car Accident Claim in Kentucky: The Timeline

Traffic accidents have been a leading cause of both fatal and non-fatal injuries in Kentucky recently. In 2024 alone, the state reported a total of 139,663 collisions, including 663 fatal crashes. 

In the wake of a car accident, you’re likely going to feel overwhelmed and scared. Things can move quickly after a crash. There’s going to be a lot going on and a lot for you to get done in the period of time immediately after an accident. This includes:

• Exchanging information with involved parties
• Taking photos and videos of your injuries and other damages
• Talking to witnesses and gathering statements
• Contacting the police and filing an official report
• Requesting a copy of the police report

Authorities are going to want to clear the scene as soon as possible, so it’s imperative that you know what you’re looking for and move quickly to get everything you need. As soon as you’re able, it’s recommended that you contact a car accident attorney to help you through the next stages of the process. 

You’re going to have to report the accident to your insurance provider and start the process of filing a claim if you wish to recover damages. Kentucky handles car accident claims differently from many other states. Kentucky is not an at-fault car accident state. Under the Motor Vehicle Reparations Act, your own Personal Injury Protection (PIP) coverage is going to cover your losses for things like:

• Lost wages up to a set amount 
• Medical expenses up to $10,000
• Compensation for services you can no longer complete yourself
• Funeral expenses in the event the victim succumbs to their injuries

It’s important to note that PIP does not cover property damage to your vehicle or long-term earnings past the $10,000 threshold. It also does not cover non-economic losses like pain and suffering. In order to recover compensation for these losses, you must meet the tort threshold to be able to pursue legal action against the at-fault driver.

It is legal to opt out of PIP coverage in Kentucky. If you get in an accident without PIP, and the other party is at fault, you won’t be able to receive immediate relief through your own insurance policy. However, you are still eligible to file a claim against the at-fault party to recover these damages. You typically have one year from the date of a car accident to file a personal injury claim. 

FAQs About Car Accident Settlement

Who Can I Hold Liable in a Kentucky Car Accident Case?

Who you can hold liable in a Kentucky car accident case can vary case by case. Under Kentucky’s car accident laws, you can recover damages through your own insurance policy before filing against at-fault parties. 

If you meet the tort threshold, it’s possible to hold more than one party accountable. Potential at-fault parties in car accident cases include:

• Bicyclists 
• Drivers and motorcyclists
• Maintenance companies 
• Pedestrians
• The city
• Third parties 
• Vehicle parts manufacturers 

What Damages Are Recoverable in a Kentucky Car Accident Case?

What damages are recoverable in a Kentucky car accident case can include both economic and non-economic damages. However, the process of recovering these damages can be different depending on whether or not you have PIP coverage. 

If you have PIP, you can recover economic damages right away. Then, you may be able to recover non-economic damages from the at-fault party or parties. If you opt out of PIP, you can file a third-party claim to recover all damages right away.

Do I Have to Go to Court to Settle a Car Accident Case in Kentucky?

No, you do not have to go to court to settle a car accident case in Kentucky. In fact, the majority of personal injury claims settle out of court by negotiating with your own insurance provider or by filing a claim against the at-fault party, depending on the details of the case. 

If you’re unable to agree on a settlement amount through alternative dispute resolution, you can expect to enter litigation to reach a resolution.

How Is Pain and Suffering Calculated in Kentucky Car Accident Cases?

How pain and suffering is calculated in Kentucky car accident cases can vary from case to case. There is no set formula that Kentucky lawmakers, juries, judges, and attorneys use to determine pain and suffering. 

Instead, they decide how much you are owed based on the severity of your losses and the overall impact on your life. There are two main methods used to figure out how much you’re owed. They’re called the multiplier method and the per diem method.

Hire a Car Accident Lawyer in Kentucky to Discuss Your Recovery Options Today

If you or someone you love is injured in a car accident, you have a set amount of time to act to secure compensation for your losses. It’s wise to hire a car accident lawyer to help you navigate the claims process. The Schafer Law Office has 30+ years of experience navigating personal injury claims in Kentucky. 

Attorney Mike Schafer is a former insurance defense attorney, author of four books, and a national speaker on settlement calculations. He is part of a team of three attorneys and four supporting staff members that are dedicated to protecting your rights and securing your recovery. Our local law firm is:

• Rated by Super Lawyers®
• Peer-rated as AV-Preeminent® on the Martindale-Hubbell Directory**

If you’re ready to discuss your case in more detail, contact the office to set up an appointment with a member of our team. 

**Industry awards and accolades do not guarantee future case results. Criteria vary from organization to organization.