Car Accident Statute of Limitations in Kentucky
Last verified 2026-07 · Source: Ky. Rev. Stat. § 304.39-230(6) ✓ verified · 3 sources
The deadline
2 years
from the date of the injury or death, or the date of the last basic or added reparation (pip) payment, whichever is later, under Ky. Rev. Stat. § 304.39-230(6).
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The deadline to file a car accident lawsuit in Kentucky is 2 years, set by Ky. Rev. Stat. § 304.39-230(6). It starts running on the date of the injury or death, or the date of the last basic or added reparation (pip) payment, whichever is later. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Kentucky Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 2 years | Ky. Rev. Stat. § 304.39-230(6) |
| Credit Card Debt | 5 yrs | KRS § 413.120 |
| Medical Malpractice | 1 yr | KRS 413.140(1)(e), (2) |
| Wrongful Death | 1 yr | KRS § 411.130; KRS § 413.180 |
| Personal Injury | 1 yr | Ky. Rev. Stat. § 413.140(1)(a) |
| Dog Bite | 1 yr | KRS § 258.235(4) |
| Slip and Fall | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(a) |
| Defamation | 1 yr | KRS § 413.140(1)(d) |
| Breach of Contract | 10 yrs | KRS 413.160 |
| Medical Debt | 10 yrs | KRS § 413.160 |
When the Clock Starts
In Kentucky, the limitations period for car accident lawsuits generally begins on the date of the injury or death, or the date of the last basic or added reparation (pip) payment, whichever is later. Kentucky does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Negligence claims against the Commonwealth must be filed with the Kentucky Board of Claims (Office of Claims and Appeals) within 1 year after the claim accrues (Ky. Rev. Stat. § 49.120).
Car-accident tort claims follow the no-fault Motor Vehicle Reparations Act's 2-year rule (KRS 304.39-230(6)) instead of Kentucky's 1-year general personal-injury statute (KRS 413.140(1)(a)), and each PIP payment restarts the clock; a 2017 amendment (2017 Ky. Acts ch. 34) clarified that reissued replacement checks do not extend the date.
Source: Ky. Rev. Stat. § 304.39-230(6), official Kentucky statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Kentucky government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Kentucky Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Kentucky | 2 years | Ky. Rev. Stat. § 304.39-230(6) |
| Illinois | 2 yrs | 735 ILCS 5/13-202 |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4(a) |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12 |
| Virginia | 2 yrs | Va. Code § 8.01-243(A) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Kentucky?
You have 2 years from the date of the injury or death, or the date of the last basic or added reparation (pip) payment, whichever is later, under Ky. Rev. Stat. § 304.39-230(6).
Can I still sue after 2 years in Kentucky?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Kentucky generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Negligence claims against the Commonwealth must be filed with the Kentucky Board of Claims (Office of Claims and Appeals) within 1 year after the claim accrues (Ky. Rev. Stat. § 49.120).
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Sources
- Official KRS 304.39-230 Limitations of actions — Kentucky Legislature (Legislative Research Commission)
- Corroborating Justia: Kentucky Revised Statutes § 304.39-230 — Limitations of actions
- Corroborating FindLaw: Kentucky Revised Statutes § 304.39-230
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Kentucky attorney.