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How long does a Kentucky auto accident victim have to file a personal injury claim against the party causing the wreck- Kentucky's Statute of Limitations?


Feb 26th, 2009

How long does a Kentucky auto accident victim have to file a personal injury claim against the party causing the wreck – Kentucky’s Statute of Limitations?

THE GENERAL RULE

As a practicing Kentucky car accident attorney for over 20 years, I know that If you have purchased no-fault insurance on your car or motorcycle or truck, then generally, you have 2 years from the date of your last no-fault payment, but no more than four (4) years. To be safe, you should think of the statute of limitations being 2 years from the date of the accident. If you have a significant injury, you should contact the Kentucky Auto Accident Attorney as soon as possible after your car wreck to allow for proper investigation, maximization of insurance benefits and effective presentation of your claims by an experienced car wreck lawyer.

SOME EXCEPTIONS

Another reason to contact the Kentucky Auto Accident Attorney soon after your accident is to make sure a qualified and experienced Kentucky car accident attorney reviews the law to determine that some of the exceptions to the above general rule do not apply to your case. Here are some of the exceptions:

1. If you do not have Kentucky no-fault coverage on your vehicle, which is not required for motorcyclists, then your statute of limitations is one year.
2. If the person causing your accident is an employee of a state or county or otherwise protected by sovereign immunity, then you have one (1) year to file your claim and it must be filed before the Board of Claims.
3. If you are filing a claim for someone who died in the auto accident (also known as “wrongful death”), it must be filed in one (1) year.
4. If your claim is a products liability claim, then you may need to file in one (1) year.
5. If your claim is for Uninsured Motorist Benefits or Underinsured Motorist Benefits, then under certain circumstances you may have to file your claim within one (1) year.

As you can see, the answer to the question of how long you have to file a personal injury claim in Kentucky is not simple, which is one of the reasons you need to consult with the Kentucky Auto Accident Attorney as soon as possible after your auto accident, motorcycle accident or truck accident.It takes an experienced Kentucky personal injury attorney to protect and maximize your rights.


 

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