Do I need a lawyer after a car accident in Kentucky?

Every rule below is quoted from Kentucky law or a state agency, with a link. Checked September 17, 2026.

Kentucky · Choice no fault2 yearsto sue for injuries

The short answer

We can't tell you whether you need a lawyer. We can show you the Kentucky rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.

How fault changes your claim

If you were partly at fault

Kentucky uses pure comparative fault. You can recover damages even if you were mostly at fault, but your award is reduced by your own percentage of fault.

“The court shall determine the award of damages to each claimant in accordance with the findings...and shall determine and state in the judgment each party's equitable share of the obligation”

KRS 411.182(3)

When you can sue the other driver

You can only sue the other driver for pain and suffering if your medical expenses are more than $1,000, or your injury is a permanent disfigurement, a broken bone, loss of a body part, a permanent injury, permanent loss of a body function, or death. This does not apply if you filed a written rejection of the no fault limits before the crash.

“a plaintiff may recover damages in tort for pain, suffering, mental anguish and inconvenience because of bodily injury, sickness or disease...only in the event that the benefits which are payable for such injury as "medical expense"...exceed one thousand dollars ($1,000)”

KRS 304.39-060(2)(b)

How long you have

2 years
to sue for injuriesKRS 304.39-230(6)
2 years
to sue for car or property damageKRS 413.125
2 years
for a family to sue after a deathKRS 304.39-230(6)
1 year property, 2 years personal injury
to notify the government if a public vehicle or road was involvedKRS 49.120(1)

Deadline to sue for injuries

For injuries from a car crash, you generally have 2 years to sue, counted from the injury, the death, or the date of your last basic reparation benefit payment, whichever is latest.

“An action for tort liability not abolished by KRS 304.39-060 may be commenced not later than two (2) years after the injury, or the death, or the date of issuance of the last basic or added reparation payment”

KRS 304.39-230(6)

If a government vehicle or road was involved

If a state government vehicle or road is involved, you must file your claim with the Kentucky Board of Claims within 1 year of the crash for property damage, or within 2 years for a personal injury.

“All claims must be filed with the board within one (1) year from the time the claim for relief accrued”

KRS 49.120(1)

How injury lawyers charge in Kentucky

Contingency fee rules

Kentucky has no dollar or percentage cap on personal injury contingency fees. The fee has to be reasonable, and the contingent fee agreement must be in writing.

“A contingent fee agreement shall be in writing and should state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery”

Ky. SCR 3.130(1.5)(c)

Questions to ask any lawyer before you sign

  1. What percentage do you charge, and does it change if the case goes to trial?
  2. Who pays case costs like records and expert fees if we lose?
  3. Will you handle my case yourself, or pass it to someone else?
  4. How long do cases like mine usually take here?
  5. What is the deadline for my claim, and when will you file?

If the insurer is the problem

File a complaint with the state

File a complaint against an insurance company with the Kentucky Department of Insurance online.

“There are different types of complaints that are accepted by the Department of Insurance. The Division of Consumer Protection investigates these complaints”

Source

Sources on this page

Each one was opened and checked on September 17, 2026.

  1. KRS 411.182(3)
  2. KRS 304.39-060(2)(b)
  3. KRS 304.39-230(6)
  4. KRS 49.120(1)
  5. Ky. SCR 3.130(1.5)(c)
  6. https://insurance.ky.gov/ppc/forms/complaints_home.aspx

Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.