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What are the exceptions to Kentucky’s 2-year Statute of Limitations for auto accidents, truck accidents and motorcycle accidents?
May 26th, 2010
THE GENERAL RULE
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.
SOME EXCEPTIONS
Another reason to
contact the Kentucky Auto Accident Attorney soon after your accident is to make
sure 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.
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"Matt has a very aggressive, energetic approach and got the results I needed without having to go to trial. He was there when I needed him and got me a fair settlement in minimal time." — John Hodgson | Louisville, Kentucky
 
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