WHAT IS KENTUCKY STATUTE OF LIMITATIONS FOR UNINSURED MOTORIST CLAIM?
Oct. 26, 2011
If you have been injured in a motor vehicle accident and the at-fault party does not have insurance on his or her vehicle, then the only personal injury claim you can make is against your own uninsured motorist coverage. Hopefully, you have purchased significant amounts of uninsured motorist coverage, because it is the only protection you have against the uninsured driver, who is on the roadway more than you may think. Read this article for more information about how to buy auto insurance.
Frequently, the police report will indicate that the driver maintained insurance, when in reality there is no insurance on the vehicle. This occurs because the driver needs to be able to license their vehicle and Kentucky requires proof of insurance to complete the license process. The uninsured motorist will contract with an insurance company but fail to pay the premium and, therefore, they are able to provide proof of insurance without ever paying for it. Personal Injury Attorneys have to beware of this practice, because if they wait until the client has recovered from their injuries before putting the at-fault insurance company on notice of the claim, they may not discover the fact that the driver was not insured before the statute of limitations expires on the uninsured motorist claim.
In Kentucky, the statute of limitations for an uninsured motorist claim is at least 2 years from the date of accident ( Elkins v. Kentucky Farm Bureau Mutual Insurance Company, 844 S.W. 423 (Ky.App. 1992)) and depending upon the policy language can be as long as 15 years. Kentucky says that an uninsured motorist claim is a contractual claim and, thus, the uninsured motorist policy of insurance determines the statute of limitations ( Gordon v. Kentucky Farm Bureau Mutual Insurance Company, 914 S.W.2d 331 (Ky. 1995)). However, if the uninsured motorist policy says the statute of limitations is less than 2 years, the policy provision is determined to be void and the claimant is given 2 years. If the policy says nothing about how long you have to sue for the uninsured motorist claim, then Kentucky applies its statute of limitations for contracts (KRS 413.090(2)), which is 15 years.
One final issue to consider is whether your vehicle is registered in Kentucky or not. If your vehicle is registered in another state and you have an accident in Kentucky with an uninsured motorist, it is possible that the statute of limitations in your home state will control and not Kentucky's statute of limitations.
As you can see from the above discussion, the statute of limitations issue is complicated and that is why you need the services of an experienced motor vehicle accident attorney like the Kentucky Auto Accident Attorney. To contact this law firm, click here.