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Q

In Kentucky, how long do I have to file a claim?


A

If you are in a motor vehicle accident it is advised to make a claim as soon as possible so that the insurance company involved can investigate promptly and settle your claim. If you have reasons to delay a claim than in Kentucky the statute of limitation to make a claim or file a lawsuit is 2 years. If the statute of limitations expires before you make a claim or file a lawsuit than you will not be able to pursue a car accident claim regardless of the details of your case/accident.

The Kentucky Department of Insurance representative stated to us that you have two years from the date of loss to file an initial PIP claim, bodily injury claim or property damage claim.

The KY Motor Vehicle Reparations Act (MVRA) sets the 2 year limitation period for auto insurance claims. The MVRA is listed in sections 304.39-010 through 39-350 of the Kentucky Revised Statutes (KRS).

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KRS 304.39-230 notes specifically in paragraph 6 that an action for tort liability must be commenced no later than two (2) years after the injury, or the death, or the last basic or added reparation payment made by any reparation obligor, whichever later occurs.

Paragraph 1 of this part of Kentucky law notes:

If no basic or added reparation benefits have been paid for loss arising otherwise than from death, an action therefore may be commenced not later than two (2) years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the accident, or not later than four (4) years after the accident, whichever is earlier. If basic or added reparation benefits have been paid for loss arising otherwise than from death, an action for further benefits, other than survivor's benefits, by either the same or another claimant, may be commenced not later than two (2) years after the last payment of benefits.

Paragraph 2 then states:

If no basic or added reparation benefits have been paid to the decedent or his survivors, an action for survivor's benefits may be commenced not later than one (1) year after the death or four (4) years after the accident from which death results, whichever is earlier. If survivor's benefits have been paid to any survivor, an action for further survivor's benefits by either the same or another claimant may be commenced not later than two (2) years after the last payment of benefits. If basic or added reparation benefits have been paid for loss suffered by an injured person before his death resulting from the injury, an action for survivor's benefits may be commenced not later than one (1) year after the death or four (4) years after the last payment of benefits, whichever is earlier.

So for both PIP claims and tort liability claims in Kentucky the claim should normally be placed within a two year period after the accident, the exceptions being noted above. If you have additional questions regarding how long you have to make a claim you can contact the KY Department of Insurance directly or if you want to place a claim through your own insurer you can read through your policy and ask your agent.


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