Filing an Auto Accident Claim in Kentucky: A Step-by-Step Guide

Written by Blake Boswell, owner of the Boswell Insurance Agency in Murray, KY — 136 five-star Google reviews (5.0★). We are an independent agency representing Erie Insurance and four other carriers, and we walk Kentucky drivers through auto claims every single week. This guide covers exactly what to do at the scene, what to document, how Kentucky’s no-fault system works, and where drivers most often lose money if they do not know the rules.

Kentucky is a choice no-fault state, which changes how medical bills and lost wages get paid after a crash. The choices you make in the first hour, the first 72 hours, and before you sign anything from the other driver’s carrier all matter.

First 30 minutes at the scene

1. Check for injuries. Call 911 if anyone is hurt. Even a small crash on a Kentucky highway needs law enforcement if there is injury or over $500 in damage — Kentucky requires a report in those cases.
2. Move to safety if possible. On US-641, KY-80, I-24, or the Purchase Parkway, get vehicles onto the shoulder if drivable. Turn on hazards. Set flares or triangles if you have them.
3. Do not admit fault. Not to the other driver, not to bystanders, not to the responding officer. State only facts: what direction you were traveling, speed, and what you saw.
4. Exchange information. Names, phone numbers, driver’s license numbers, license plates, insurance company names and policy numbers, and vehicle VINs. Take photos of the other driver’s insurance card and license.
5. Photograph everything. All four sides of both vehicles, the license plates, the damage close-up, the intersection or roadway from multiple angles, skid marks, debris, traffic signs, weather conditions, and the position of the vehicles before they are moved if it is safe.
6. Get the police report number. Ask the officer for the report number and how to obtain a copy — Kentucky State Police and local departments handle these differently.
7. Get witnesses. Ask for names and phone numbers before people leave. Witnesses vanish fast.
8. Call your agent, not the other driver’s insurance company. At Boswell Insurance we walk you through whether to file under your own PIP, your collision coverage, or the other driver’s liability — the wrong first call can cost you.

Documentation checklist

• Photos: both vehicles, all sides, close-ups of impact points, interior damage, deployed airbags, and any injuries visible immediately after the crash.
• Video: a 30-60 second walkaround of the scene captures context that individual photos miss.
• Police report: the KY Uniform Police Traffic Collision Report (KYOPS) — request a copy once it is filed.
• Medical records: every ER visit, urgent care visit, chiropractor, physical therapy, prescription, and follow-up. Keep every bill and every EOB.
• Repair estimates: at least one from your preferred shop and one from the insurer’s direct-repair program shop. Kentucky law does not require you to use the carrier’s preferred shop.
• Wage loss proof: pay stubs from before the crash and any documentation of missed work — required under Kentucky PIP.
• Rental car receipts: if you carry rental reimbursement, keep every receipt.
• Diminished value evidence: if a newer vehicle was significantly damaged, get a written diminished-value appraisal.
• Communication log: every phone call with any adjuster — date, time, name, extension, what was said.

Working with the adjuster

• Report the claim to your own carrier first. Your PIP pays your medical bills regardless of fault. If you were not at fault, your carrier subrogates against the other driver — you do not have to fight the other driver’s insurance directly.
• Do not give a recorded statement to the other driver’s insurer. You are not required to. Anything you say can be used to reduce or deny your claim.
• Get the estimate in writing. Ask for a line-item repair estimate, not a summary.
• Push back on OEM vs. aftermarket parts. Newer Kentucky vehicles with driver-assist features often need OEM parts to preserve calibration. Do not accept aftermarket bumpers or headlights on a vehicle with radar, LiDAR, or camera-based safety systems without confirming recalibration.
• Do not sign a release until you know your medical picture. Soft-tissue injuries can take weeks to show up. Signing a full release closes your right to additional recovery.

Kentucky-specific: PIP, 25/50/10, uninsured motorist, and tort choice

Personal Injury Protection (PIP) — the Kentucky “no-fault” piece

Kentucky auto policies include Personal Injury Protection with a minimum of $10,000 per person. PIP pays for medical expenses, lost wages (up to $200/week), and other economic losses regardless of who caused the crash. If you were injured, file PIP with your own carrier immediately — do not wait to see if the other driver’s insurer accepts liability.

25/50/10 liability minimums

Kentucky’s minimum liability limits are $25,000 per person / $50,000 per accident for bodily injury and $10,000 for property damage. These minimums have not moved in decades and are dangerously low. A new pickup destroyed at fault burns through $10,000 of property damage limit before the medical bills even start. If you carry state minimums we almost always recommend moving to $100,000 / $300,000 / $100,000 or higher — often for $10-25/month more.

Uninsured and underinsured motorist (UM/UIM)

Kentucky requires carriers to offer UM/UIM but does not require you to buy it. You should almost always buy it, and match the limits to your liability limits. If a driver with state-minimum insurance hurts you seriously, their $25,000 evaporates before your first surgery. UM/UIM lets your own carrier fill the gap. The claim path: file UM/UIM with your own carrier once you know the at-fault driver’s limits are exhausted or non-existent.

Kentucky’s tort choice

Kentucky lets drivers choose whether to keep the no-fault (limited tort) protection or reject it and preserve full tort rights (by filing form B-14 with the Department of Insurance). Most drivers keep no-fault by default. Under no-fault you cannot sue for pain and suffering unless one of the “tort thresholds” is met — medical bills over $1,000, broken bones, permanent injury, permanent disfigurement, or death. If your medical bills clear $1,000, you regain the right to pursue pain-and-suffering damages against the at-fault driver.

Statute of limitations

Kentucky’s statute of limitations for auto injury claims is generally two years from the date of the last PIP payment or the date of the accident, whichever is later. For property damage it is two years. Do not sit on a claim.

When to bring in an attorney

Consider a Kentucky auto-injury attorney if:

• You suffered a serious injury — broken bones, surgery, extended physical therapy, or any permanent impairment.
• Fault is disputed and your carrier is threatening to pay a percentage.
• The at-fault driver is uninsured or underinsured and the claim is heading to UM/UIM arbitration.
• The other carrier is delaying or refusing communication for more than 30 days.

Most Kentucky auto-injury attorneys work on contingency — typically one-third of the recovery. For property-damage-only claims and minor injuries, an attorney is usually not necessary. Call our agency first — often we resolve the issue directly through the carrier.

How Boswell Insurance can help

As an independent Kentucky agency in Murray with 136 five-star Google reviews, we do three things during an auto claim that a 1-800 number cannot:

• Call the adjuster on your behalf. We have direct-line relationships and escalation paths at Erie and our other carriers.
• Explain PIP, UM, and tort rules before you sign anything. No 800 rep will do that.
• Reshop your policy if the carrier raises your rate or non-renews after a claim. Four other carriers, one meeting, no starting over.

Frequently asked questions

Do I have to call the police after every Kentucky car accident?

Kentucky requires a report for any crash with injury, death, or property damage over $500. In practice, call for anything more than a parking-lot scrape — the report becomes critical evidence.

Should I file the claim with my carrier or the other driver’s?

Almost always start with your own carrier. PIP pays your medical bills regardless of fault, and your own carrier has a duty to you the other carrier does not.

What if the other driver is uninsured?

You file a UM (uninsured motorist) claim with your own carrier. This is exactly what UM coverage is for. Kentucky has a meaningful percentage of uninsured drivers, which is why we almost always recommend keeping UM at strong limits.

Do I have to use my insurer’s preferred body shop?

No. Kentucky law allows you to choose your repair shop. Direct-repair programs are convenient but not required.

Will my rate go up after a claim?

If you were not at fault, rates usually stay flat or move only slightly. At-fault claims typically raise rates for three to five years depending on carrier.

Does PIP pay if I was a passenger?

Yes. Kentucky PIP typically follows the vehicle, so a passenger is covered by the PIP on the vehicle they were riding in. If not, PIP on your own policy may apply.

How long do I have to file an auto claim in Kentucky?

Your policy requires prompt notice — usually within days. Kentucky’s statute of limitations for injury lawsuits is generally two years, but do not use that as a deadline for reporting the claim to your carrier.

Talk to a Kentucky agent who has handled hundreds of claims

Call (270) 925-1524, request a quote at theboswellagency.com/quote, or read the 136 five-star Google reviews from Kentucky drivers we already help.

Written by Blake Boswell, owner of the Boswell Insurance Agency, Murray, KY.