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Is Kentucky a No-Fault State? Who Pays After a Crash

By AutoInsuranceBundle.pro · Published November 9, 2026 · Reviewed November 9, 2026

Short answer: Yes. Kentucky is a choice no-fault state: $10,000 of PIP pays your injury costs regardless of fault, unless you rejected no-fault in writing before the crash.

Kentucky no-fault state rules at a glance

Kentucky no-fault rule	What it means after a crash	Official source
Choice no-fault state	Every driver is covered by the no-fault law unless they filed a rejection form before the crash	KRS 304.39-060
Basic PIP: $10,000 per person	Medical bills, lost wages, replacement services and survivor's benefits, regardless of fault	KY DOI advisory (6/26)
Weekly cap: $500	Wage, replacement-services and survivor losses, on policies issued or renewed on or after July 15, 2026	KRS 304.39-130
Right-to-sue threshold	Over $1,000 in medical expense, a fracture, permanent injury or disfigurement, or death	KRS 304.39-060(2)(b)
Required liability	$25,000 / $50,000 bodily injury and $25,000 property damage, or $60,000 combined	KY DOI advisory
Uninsured motorist	Included at the minimum bodily injury limits unless rejected in a separate writing	KY DOI advisory
Lawsuit deadline	2 years after the injury, the death, or the last PIP payment, whichever is later	KRS 304.39-230(6)

Key takeaways

Basic PIP pays up to $10,000 per person per accident, regardless of fault
The PIP on the vehicle you were in pays first, and a struck pedestrian claims on the vehicle that hit them
A pain-and-suffering claim needs over $1,000 in medical expense, a broken bone, permanent injury, disfigurement, or death
A rejection form keeps your full right to sue, but you lose PIP benefits and others can sue you more easily
No-fault does not repair cars: vehicle damage goes through the at-fault driver's liability or your collision coverage

Aerial view of a two-lane road winding through forested hills, no vehicles' plates, people or logos visible — Illustrative photo. Not an image of the incident described.

Source: Kentucky State Police Investigate Perry County Fatal Crash, Kentucky State Police, November 4, 2026. Basic facts are summarized from that report; this explainer is our own writing.

What happened on KY-80 in Perry County

According to a Kentucky State Police release, Post 13 troopers were called at about 5:34 p.m. on November 3, 2026, to a two-vehicle collision on KY-80 in the Bulan community of Perry County. The preliminary investigation indicates an eastbound 2023 Jeep Wrangler crossed the raised median into the westbound lanes and struck a 2015 Ford Mustang.

The Mustang's driver died at the scene; the Jeep's driver was hospitalized with non-life-threatening injuries. Police said seat belts were in use, toxicology was pending and the crash is being reconstructed. No charge had been announced. We do not name the people involved.

Why a crossover crash raises the no-fault question

In Kentucky, the first injury money does not wait for a fault decision. The Department of Insurance brochure explains that "no-fault" means personal injury protection: your own coverage pays injury costs, and your right to sue is limited until an injury passes a threshold.

The Insurance Information Institute lists Kentucky, New Jersey and Pennsylvania as choice states. See our hub on at-fault vs no-fault states and the Pennsylvania limited vs full tort and New Jersey verbal threshold guides.

How Kentucky no-fault pays: PIP, liability, UM and collision

PIP first. Under KRS 304.39-050, the PIP on the vehicle you were in pays first. A pedestrian claims on the vehicle that struck them. No one collects more than $10,000 in basic benefits from one accident. Medical expense includes up to $5,000 for funeral, cremation and burial costs, per KRS 304.39-020.

What changed in 2026. For policies issued or renewed on or after July 15, 2026, the weekly cap on wage, replacement-services and survivor losses is $500, per KRS 304.39-130. The Department's older brochure shows the earlier $200 limit. The same 2026 law ties PIP medical payments to the workers' compensation fee schedule.

Liability for the rest. Once an injury passes the threshold, the injured person or the family can claim pain and suffering and losses PIP did not pay against the at-fault driver's bodily injury liability. Kentucky allocates fault by percentage in tort cases under KRS 411.182, so your own share of fault can reduce what you recover.

UM/UIM when limits run out. If the at-fault driver has no insurance or only the $25,000 minimum, your uninsured or underinsured motorist coverage may pay. See what to do if you're hit by an uninsured driver.

Cars are separate. No-fault does not cover vehicle damage. The at-fault driver's property damage liability pays, or your collision coverage pays minus your deductible. State rules and policies vary.

Decision helper: PIP claim, liability claim, or both?

Your situation	Likely first step
Injured, under $1,000 in medical expense, no fracture	File PIP on the vehicle you were in; a pain-and-suffering claim is generally barred
Over $1,000 in medical expense, a fracture, or a permanent injury	File PIP, and also open a bodily injury claim against the at-fault driver
A family member died	Ask about PIP survivor and funeral benefits, then speak with a Kentucky attorney about a wrongful death claim
You filed a rejection form before the crash	No basic PIP for you; you must prove fault, and your recovery is reduced by your share of fault
No policy covers you or the vehicle	Ask about the Kentucky Assigned Claims Plan (see the DOI brochure)

Step-by-step checklist after a Kentucky crash

Call 911 for any injury, get care, keep every bill, and get the police report number.
Tell the insurer of the vehicle you were in about a PIP claim promptly.
Ask the PIP insurer in writing how your $10,000 will be applied between medical bills and wages.
Keep pay stubs or an employer letter for lost wages.
Photograph both cars and open a property damage claim with the at-fault driver's insurer or your collision coverage.
Track whether medical expense passes $1,000 or a fracture is diagnosed (the threshold).
Ask your agent whether anyone in your household ever filed a no-fault rejection form.
Diary the two-year deadline, counted from the injury, the death or the last PIP payment.

PIP claim cover letter you can adapt

Kentucky PIP claim letter

To: [PIP insurer of the vehicle I was in]
Re: Basic reparation benefits claim, crash on [date] at [road, county], Kentucky
Policy number: [number]. Police report: [agency and number].

I was [the driver / a passenger / a pedestrian] and was injured. I am claiming basic reparation benefits under KRS 304.39. Please apply benefits first to [medical bills / lost wages / both as follows].

Enclosed: medical bills, wage records, police report. Please confirm receipt.

[Name, phone, date]

Edge cases and common mistakes

Thinking no-fault means nobody is at fault. Fault still decides liability, car damage and premiums.
Forgetting an old rejection form. It follows the person into any vehicle until revoked in writing.
Riding a motorcycle without PIP. It is optional for motorcycles; without it, rider and passenger collect no basic PIP, per the DOI brochure.
Letting medical bills use up the $10,000 before lost wages are paid.
Assuming an old renewal has the $500 weekly cap. It applies to policies issued or renewed on or after July 15, 2026.
Waiting too long. Kentucky's deadlines are tied to PIP payment dates; see our statute of limitations by state table.

Is your auto coverage ready for a Kentucky crash?

Check your declarations page: PIP amount, UM/UIM limits, and bodily injury limits versus the Kentucky minimum. To compare higher limits, call (833) 567-5929.

FAQ

How much PIP is required in Kentucky?

$10,000 per person per accident. Added PIP can be bought; motorcycles are the exception.

Can I sue the other driver after a car accident in Kentucky?

For pain and suffering, only if medical expense exceeds $1,000 or the injury includes a fracture, permanent injury, permanent disfigurement, or death, unless you filed a rejection form before the crash.

Does Kentucky no-fault insurance pay for car repairs?

No. Vehicle damage is paid by the at-fault driver's property damage liability or by your own collision coverage, minus your deductible.

What happens if I rejected no-fault in Kentucky?

You keep your full right to sue and be sued, but get no basic PIP unless you buy it back, and the DOI warns your premium may be higher.

Whose PIP pays if I was a passenger or a pedestrian?

A passenger claims on the PIP of the vehicle they were in. A pedestrian claims on the PIP of the vehicle that struck them. See whose insurance pays if I was a passenger.

How long do I have to file after a Kentucky car accident?

Generally within two years after the injury, the death, or the last PIP payment, whichever is later. PIP benefit claims have their own deadlines in KRS 304.39-230.

Did Kentucky change its PIP law in 2026?

Yes. For policies issued or renewed on or after July 15, 2026, the weekly cap on wage and similar losses rose to $500, and PIP medical payments are now tied to the workers' compensation fee schedule.

Prefer video? Watch the 35-second video on its own page.

Sources

Reviewed and updated November 9, 2026.

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General information only, not legal or insurance advice; rules vary by state and policy. AutoInsuranceBundle.pro is an independent referral site, not an insurer: calls connect you to licensed agents in our partner network, who may be compensated. Free, no obligation; calls may be recorded. Questions: contact@autoinsurancebundle.pro.