If a snowbird is involved in a car accident in the state of Kentucky, they have 10 days to file a written accident report with Kentucky State Police. You must do so if the car accident resulted in injury to, or death of any person. You have only ONE year to file a lawsuit for personal injury and two years to file a lawsuit for property damage.
Kentucky is a no-fault state. You cannot sue the other driver unless you incur at least $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death. If you are a resident of the state you can opt out of the no-fault system by filing a form with the Department of Insurance.
Kentucky has no dollar limit for the maximum amount a person can be awarded in car accident damages. The state allows you to collect money for vehicle repair or replacement, rental cars, medical expenses, pain and suffering, lost wages, and loss of affection or companionship.
Kentucky also follows a pure “comparative negligence” law. Fault in a car accident is assigned to all of the drivers involved based on percentages. For example, if you were 90 % at fault in a car accident, and the other driver was 10%, you can still recover 10% of your damages.
Please note, any contractual (insurance) rights and remedies a Snowbird has such as PIP or accident benefits must be dealt with in their respective state or province. Furthermore, passengers are generally not at fault for an accident. Therefore they can recover 100% of their damages.
Since 1981, we have been helping seriously injured motorists get the treatment and care they need to recover from their injuries and to receive compensation for their losses. We understand that it is not only the injured party that may require assistance, as often it is loved ones that face significant challenges in helping the accident victim.
Cross Border Car Accidents are complicated.
We arrange for you to speak to some of the best Personal Injury Attorneys, who are familiar with cross border accidents and limitation dates in Kentucky. They work collaboratively with other lawyers and attorneys in various jurisdictions in order to protect you and your family’s legal rights.
William E. Johnson, born March 30, 1932, Falmouth, Kentucky. Admitted to bar, 1957, Kentucky. Preparatory and Legal Education: Eastern Kentucky University; University of Kentucky, College of Law, LL.B., 1957, converted to Juris Doctor, 1970. Organizations – Fraternities, Memberships, Fellowships: Kentucky Bar Association (President, 2014-15; Board of Governors, 1981-83; Chairman of House of Delegates, 1979); American Bar Association; The Association of Trial Lawyers of America (Board of Governors, 1980-83); Kentucky Academy of Trial Attorneys (President, 1979); Franklin County Bar Association (President, 1980); Kentucky Association of Criminal Defense Lawyers (President, 1990); American College of Trial Lawyers (Fellow, 1986); American Board of Criminal Lawyers, (Fellow, 1982); Roscoe Pound Foundation (Life Fellow); Recipient, ‘War Horse’ Award, 1991; Listed in Best Lawyers in America 1983 -); Doctor of Humane Letters, Kentucky State University, 2004.