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.

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

As you should be aware Kentucky is a "choice no-fault" state. As such a KY motorist can choose to insure their vehicle under the tort system or the no fault system.

Under a tort system each driver involved in an accident is responsible for the property damage and/or bodily injury they caused. Also with a KY tort system you retain the right to sue the other driver in an accident for the cost of expenses related to injuries sustained in the accident.

Under the KY no-fault insurance system, you are required to purchase personal injury protection (PIP) coverage that helps pay the cost of injuries regardless of who was at fault in the accident. If you choose the no fault option, basic KY PIP coverage is $10,000 for medical expenses, loss of income or services, and funeral expenses.

So when KY drivers accept no-fault insurance on their car insurance policy then they agree to limit their ability to seek compensation for injuries caused by other drivers (a third party claim), unless they have over $1,000 in medical expenses or suffer a serious or permanent injury (as the law above gives details on) as the result of an accident.

KRS 304.39-230 notes 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.

So for both PIP claims and tort liability claims in Kentucky the claim must be placed within a two year period after the accident causing the injuries. If you have additional questions regarding personal injury protection action you should contact the KY Department of Insurance directly.