Resource Center
Straight answers to common Kentucky injury questions: PIP, medical bills, fault, deadlines, settlement value, taxes, talking to insurers and fees.
Reviewed by Larry Forman, Attorney
After an injury, the questions come fast. Who pays the hospital? Should you call the insurance company back? How long will this take?
Here are straight answers to the questions we hear most from people in Louisville and across Kentucky. They’re general. Your situation will have its own details. If you don’t see your question here, ask us directly.
Jump to: Right after an accident · Insurance, PIP and medical bills · Fault · Value, timing and taxes · Deadlines · Special situations · Working with a lawyer
Get to safety, call 911, and get medical care. If you can, photograph the vehicles, the scene and your injuries, and get names and contact information from the other driver and any witnesses. Notify your insurer, but be careful what you say to the other driver’s insurer. Our guide to the first 24 hours after a car accident walks through each step.
Yes. Some injuries, like concussions and soft-tissue injuries, don’t show symptoms right away. A prompt medical visit protects your health. It also creates a record that links your injuries to the accident. Gaps in treatment are one of the first things insurers point to when they want to pay less.
Most reports can be requested from the investigating agency or through the Kentucky State Police. If no officer investigated, Kentucky law may require you to file your own report within 10 days. Here’s how to get a Kentucky accident report and fix errors.
Photos, dashcam video, witness names, medical records and bills, pay stubs, and every letter or email from an insurer. Video from businesses and traffic cameras is often recorded over quickly. See our checklist of evidence to preserve after an accident.
Kentucky is a no-fault state. In most crashes, basic personal injury protection (PIP) pays up to $10,000 per person for medical bills, lost wages and similar losses, no matter who caused the crash (KRS 304.39-020). Usually the PIP comes from the policy on the vehicle you were in. Pedestrians usually get PIP from the policy on the vehicle that hit them. Read our guide to Kentucky PIP.
Once PIP runs out, health insurance, Medicare or Medicaid, and any added PIP or medical payments coverage you bought may help. The at-fault driver’s liability insurance is usually paid in a settlement or verdict at the end of the claim, not bill by bill as you go.
Yes. Kentucky law even lets you direct how your PIP is spent, in writing. For example, you can have PIP pay lost wages while health insurance pays medical bills (KRS 304.39-241). That can stretch your benefits further. See how health insurance paying first can increase your net recovery.
Under KRS 304.39-210, PIP benefits are generally overdue if they aren’t paid within 30 days after the insurer receives reasonable proof of the loss (insurers may instead batch claims over a short period and pay on a set schedule).
Generally, no. You don’t owe the other driver’s insurer a recorded statement, and anything you say can be used to argue you were at fault or not badly hurt. Your own policy is different: it likely requires you to cooperate with your insurer. Either way, it’s wise to get advice first.
Be careful. Once you sign a release, the claim is usually over for good, even if your injuries turn out to be worse than you thought. Before accepting anything, make sure you know the full extent of your injuries, your future medical needs, and every insurance policy that might apply.
Your own uninsured motorist (UM) coverage may pay. Kentucky requires UM coverage in auto policies unless a named insured rejected it in writing (KRS 304.20-020). See our uninsured motorist and hit-and-run pages. If the driver had insurance but not enough, see underinsured motorist claims.
Usually, yes, if you meet the no-fault “threshold.” Under KRS 304.39-060(2)(b), you can recover for pain and suffering if your medical expenses exceed $1,000, or if the injury includes things like a broken bone, permanent injury, permanent disfigurement, loss of a body member, permanent loss of bodily function, or death.
Insurers must handle claims in good faith. If yours is denying a valid claim, refusing to investigate, or stalling without a reason, you may have additional rights. See our insurance bad faith page.
Yes. Kentucky follows pure comparative fault (KRS 411.182). Your recovery is reduced by your share of fault, but it isn’t wiped out. If you’re found 20% at fault, for example, your damages are reduced by 20%. See how Kentucky’s pure comparative fault rule works.
Insurance adjusters make their own decisions during the claim. A police report helps, but it isn’t the final word. If the case goes to court, the jury (or judge) decides fault and assigns percentages to each party.
Kentucky law allocates fault among everyone responsible, including other drivers, employers, vehicle owners, or companies that maintained the road or the vehicle. Each pays its share. Finding every responsible party can matter a lot, especially in truck crashes.
No honest lawyer can give you a number at the start. Value depends on how badly you were hurt, your medical bills and future care, lost income, how the injury affects your daily life, how clear fault is, and how much insurance is available. Be skeptical of anyone who quotes a figure before reviewing your records.
Depending on the case, that can include past and future medical expenses, lost wages and earning ability, pain and suffering, mental anguish, and permanent injury or disfigurement. In a wrongful death case where the act was willful or the negligence gross, Kentucky law allows punitive damages (KRS 411.130).
Bills don’t pause just because a claim is open. PIP, health insurance and other coverage usually handle bills as they come in. If you’re struggling, tell your lawyer early. There may be ways to coordinate payments with providers.
Possibly. Health plans and government programs that paid accident-related bills may have a right to be repaid from a settlement. Whether they do, and how much, depends on the type of plan and the law that governs it. These claims can often be negotiated, so they should be reviewed before a case settles.
Most injury cases resolve without a trial. Some don’t, and an insurer’s offer often depends on whether it believes your lawyer is ready and able to try the case. Larry Forman has tried 50+ jury trials.
It depends on your medical recovery, how disputed the case is, and whether a lawsuit is needed. Settling before you understand your long-term prognosis can leave money on the table, so the right timing is usually tied to your treatment. Our article on what happens behind the scenes in major accident claims explains the stages.
Often, much of it isn’t. Under federal tax law, damages received “on account of personal physical injuries or physical sickness” are generally excluded from income (26 U.S.C. § 104(a)(2)). Punitive damages are taxable. Emotional-distress damages not tied to a physical injury may be, too. Other parts, like interest, can be taxable as well. Talk with a tax professional about your specific settlement.
You sign a release, the insurer issues payment, and any liens or medical balances that must be paid from the settlement are resolved before you receive your share. Your lawyer should give you a written breakdown showing exactly how the money was divided.
Generally, a signed release ends the claim, even if your condition worsens later. That’s why it’s important not to settle until your doctors understand your long-term outlook.
For most personal injuries it’s one year (KRS 413.140(1)(a)). For motor vehicle crashes it’s generally two years from the injury or the last PIP payment, whichever is later (KRS 304.39-230(6)). Medical malpractice, wrongful death, government claims and minors have special rules. See our Kentucky statute of limitations guide.
The personal representative of the person’s estate files the claim (KRS 411.130(1)). The law then sets who receives the recovery, starting with a surviving spouse and children. See how Kentucky’s wrongful death law works and our wrongful death page.
Passengers usually get PIP from the policy on the vehicle they were riding in. Pedestrians usually get PIP from the policy on the vehicle that hit them (KRS 304.39-050). You may also have claims against any at-fault driver. See our bicycle and pedestrian collision page.
Sometimes. Kentucky limits these “dram shop” claims. Under KRS 413.241, a licensed seller can be liable only if a reasonable person would have known the customer was already intoxicated when served. See our dram shop page.
Truck cases involve federal safety rules, more potential defendants and more evidence, much of it electronic and short-lived. See truck black box and ELD evidence and our truck wreck page.
We work on a contingency fee. That means there’s no fee unless we win. If the case is lost, the firm absorbs the case costs, so you don’t owe us for them. When we do recover money, our fee is a percentage of the recovery. It’s spelled out in a written fee agreement you sign before we start, which Kentucky requires for contingency fees (SCR 3.130(1.5)(c)).
It depends on the type of case:
If a car accident case needs a lawsuit, or any case goes to trial or appeal, the percentage increases. Your written fee agreement states the exact figure for each stage. Our fee is always calculated on the gross recovery, before case costs are deducted. Costs are the case’s out-of-pocket expenses, such as medical records, filing fees, depositions and expert witnesses. At the end of the case, you’ll get a written statement showing exactly how the money was divided.
Yes. We represent injured people throughout Kentucky. See our locations page for the communities we serve.
Whatever you have: the accident report, photos, insurance cards and letters, medical records or bills, and the names of witnesses. Don’t worry if you don’t have everything. We can help gather it. Request your free case evaluation or call 502-931-6788.
Every case is different, and a short conversation can clear up a lot. Contact us or call 502-931-6788. You can also browse more guides in our Resource Center or see our case results. Past results don’t guarantee a similar outcome.
These answers are general information about Kentucky law, not legal advice. Reading them does not create an attorney-client relationship.
