Reviewed by Larry Forman, Attorney
Kentucky sits on some of the busiest interstates in the country, and Louisville draws visitors for Derby, bourbon tours, conventions and sports. So it's no surprise that many crashes involve a driver from somewhere else. An out-of-state driver accident raises questions a local crash doesn't: whose insurance pays first, which state's rules apply, and where you file if the other driver lives hundreds of miles away. Here's how it works when the crash happens in Kentucky.
Does Kentucky PIP apply if the other driver is from out of state?
Usually, yes. Kentucky is a no-fault state. When a crash happens here, "every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic reparation benefits" unless they've rejected the no-fault system (KRS 304.39-030(1)). That's personal injury protection (PIP), which pays medical bills and lost wages up to $10,000 regardless of fault.
Out-of-state drivers are pulled into this too. Insurers that do business in Kentucky must agree that their liability policies, "wherever issued," are treated as providing Kentucky's PIP and minimum liability coverage "while the vehicle is in this Commonwealth" (KRS 304.39-100(2)). So most visitors' policies pick up Kentucky coverage when they cross the state line.
For how PIP benefits are paid and which policy goes first, see how Kentucky PIP works.
Who pays in an out-of-state driver accident?
Beyond PIP, the at-fault driver's liability insurance pays for the rest of your losses, including pain and suffering if your injuries qualify. A few things are different when that driver is from another state:
- Their limits may be different from Kentucky's. Kentucky's minimum is $25,000 per person, $50,000 per crash and $25,000 for property damage (KRS 304.39-110). Some states require less, but the Kentucky coverage rule above generally brings the policy up to Kentucky's minimum while the car is here.
- Their insurer may not have local adjusters. Expect calls from a claims center in another state, and keep everything in writing.
- If they have little or no insurance, your own uninsured or underinsured motorist coverage can fill the gap.
- Commercial trucks from other states carry federal minimum coverage. See our truck wreck lawyer page.
- Rental cars add another layer of coverage questions. See rental car accidents.
Our auto insurance coverage guide explains each coverage in plain terms.
Which state's law applies?
For a crash on a Kentucky road, Kentucky courts generally apply Kentucky's rules: our traffic laws, our pure comparative fault system and our deadlines. Questions about what an out-of-state insurance policy covers can be governed by the other state's law, depending on the policy and the facts. If that issue comes up, it's worth having the policy reviewed early.
Can I sue an out-of-state driver in Kentucky?
Yes. Kentucky law says a nonresident who drives here makes the Kentucky Secretary of State their agent to receive legal papers "in any civil action instituted in the courts of this state" arising out of a crash in Kentucky (KRS 188.020). In plain terms, you can usually file in the Kentucky county where the crash happened, even if the other driver went home to Ohio, Tennessee or anywhere else.
What if you're the visitor?
If you were visiting Kentucky and got hurt here, Kentucky PIP and Kentucky's rules usually apply to your claim too. You don't need to stay in Kentucky to pursue it. You can treat with your own doctors at home, and a Kentucky lawyer can handle the case remotely. Before you leave:
- Get the police report number. See how to get a Kentucky accident report.
- Photograph the scene, the cars and your injuries.
- Get the other driver's insurance and the names of witnesses.
- See a doctor, here or as soon as you get home.
- Call your own insurer and ask about PIP.
How long do you have to file?
For Kentucky car crash claims, the deadline is generally two years from the injury or the last PIP payment, whichever is later (KRS 304.39-230(6)). Your home state's deadline doesn't control a Kentucky crash claim, so don't rely on it. See our statute of limitations guide.
How Forman & Associates helps
We deal with out-of-state insurers, track down every policy that applies, and handle the case from Louisville so you can recover wherever you live. We prepare cases for trial from the start. Larry Forman has tried 50+ jury trials and won 95% of them. See our car crash lawyer page for more.
Out-of-state driver accident FAQs
Does Kentucky PIP cover me in an out-of-state driver accident?
Usually yes. Kentucky gives PIP benefits to people hurt in crashes here, and most out-of-state policies are treated as including Kentucky PIP while the car is in Kentucky.
Can I sue a driver who lives in another state?
Yes. A nonresident who drives in Kentucky makes the Kentucky Secretary of State their agent for legal papers about a crash here, so you can usually file in Kentucky.
I was visiting Kentucky. Do I have to come back for my case?
Usually not often. You can treat at home and a Kentucky lawyer can handle most of the case remotely. Some events, like a deposition or trial, may need you.
Which state's deadline applies?
For a crash in Kentucky, plan on Kentucky's deadline: generally two years from the injury or last PIP payment for car crash claims.
What if the out-of-state driver has very low limits?
Your own underinsured motorist coverage can help, and Kentucky's coverage rule generally brings an insurer's policy up to Kentucky's minimums while the car is here.
Hurt in an out-of-state driver accident?
Talk with us before you talk to their insurer. Get a free case evaluation or call (502) 931-6788. No fee unless we win.
This post is general information about Kentucky law, not legal advice.
