Kentucky
Kentucky Hit and Run Laws: Penalties and What to Do

Kentucky classifies leaving the scene of an accident as either a Class A misdemeanor or a Class D felony under , depending on whether the crash caused only property damage or resulted in serious physical injury or death.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Kentucky Car Accident Settlement Calculator.
Last verified: March 2026. This guide reflects current Kentucky law under , , and related statutes.
Overview of Kentucky Hit and Run Laws
Kentucky law takes leaving the scene of an accident seriously. Under KRS 189.580, any driver involved in a collision must stop immediately, provide identifying information, and assist anyone who is injured.
Failing to follow these requirements can lead to criminal charges ranging from a misdemeanor to a felony, depending on whether the accident caused only property damage or resulted in bodily injury or death.
This guide breaks down exactly what Kentucky law requires after an accident, the penalties for leaving the scene, how insurance works in hit-and-run situations, and the steps you should take to protect yourself legally.
What Kentucky Law Requires After an Accident
KRS 189.580 spells out the duties every driver must fulfill after being involved in a collision. These duties apply whether the accident involves another vehicle, a pedestrian, or stationary property.

Stop Immediately
You must stop your vehicle at the scene of the accident or as close to the scene as safely possible. Driving away, even briefly, can trigger hit-and-run charges.
Provide Your Information
Kentucky law requires you to give the other party (or an investigating officer) the following:
- Your full name and address
- The registration number of your vehicle
- Your driver's license, if requested
Render Reasonable Assistance
If anyone is injured, you have a legal obligation to provide reasonable assistance. This may include:
- Calling 911 or emergency services
- Providing basic first aid if you are trained to do so
- Arranging transportation to a medical facility for the injured person
Remain at the Scene
You must stay until you have fulfilled all of the above duties. Leaving before completing these steps constitutes a hit-and-run offense.
Report the Accident
Under KRS 189.635, if the accident results in property damage of $500 or more and law enforcement does not investigate at the scene, you must file a written crash report with the Kentucky State Police within 10 days.
Penalties for Hit and Run in Kentucky
The penalties for leaving the scene depend on the severity of the accident. Kentucky classifies hit-and-run offenses under KRS 189.990, which sets out the penalty structure for traffic violations.
Criminal Penalties by Offense Level
| Offense Type | Classification | Jail or Prison | Maximum Fine |
|---|---|---|---|
| Property damage only | Class A Misdemeanor | Up to 12 months in county jail | $500 |
| Serious physical injury or death | Class D Felony | 1 to 5 years in state prison | $10,000 |
| Failure to report accident () | Violation | N/A | Fine |
Additional Consequences Beyond Criminal Penalties
A hit-and-run conviction carries consequences that extend well beyond fines and jail time:
- License suspension or revocation. The Kentucky Transportation Cabinet can suspend or revoke your driving privileges after a hit-and-run conviction. Reinstatement requires a $40 fee and may involve additional conditions.
- Points on your driving record. Kentucky uses a point system administered by the Kentucky Transportation Cabinet. Accumulating 12 points within two years triggers an automatic license suspension.
- Increased insurance premiums. A hit-and-run conviction is a major red flag for insurers and will almost certainly raise your rates substantially.
- Civil liability. The accident victim can file a separate civil lawsuit to recover compensation for medical bills, property damage, lost wages, and pain and suffering.
- Employment consequences. A felony conviction for hit and run can affect employment opportunities, professional licensing, and housing applications.
Property Damage Hit and Run
Leaving the scene of an accident that causes only property damage is a Class A misdemeanor. This covers situations such as:

- Striking a parked vehicle
- Damaging fences, mailboxes, guardrails, or other structures
- Any collision where no one suffers bodily injury
What to Do If You Hit an Unattended Vehicle
KRS 189.580(2) addresses the specific situation where you strike an unattended vehicle or other property and cannot locate the owner. You must take one of the following steps:
- Locate and notify the owner or operator of the damaged vehicle or property, providing your name, address, and vehicle registration number.
- Leave a written notice securely attached in a visible location on the damaged vehicle or property that includes your name, address, and vehicle registration number.
- File a report with the local police department.
Simply driving away without completing at least one of these steps counts as a hit-and-run offense.
Moving Vehicles After a Property-Damage Accident
Kentucky law addresses when vehicles should be moved after a collision. If the accident occurs on an interstate highway, parkway, or their on/off ramps and involves only property damage (no injuries), drivers must move their vehicles off the roadway while remaining near the accident scene. Peace officers may also move vehicles without the owner's consent and are not liable for any resulting damage.
Hit and Run Involving Injury or Death
When an accident results in serious physical injury or death and the driver leaves the scene, the offense becomes a Class D felony. This is a significant escalation from the misdemeanor charge for property damage alone.
Felony Penalties
- 1 to 5 years in a Kentucky state prison
- Fines up to $10,000
- Potential license revocation
- A permanent felony record
The requirement to render reasonable assistance is especially important in these cases. If someone is visibly injured, you must take steps to help, whether that means calling 911, providing first aid, or arranging transportation to a hospital.
Failing to stop and help an injured person can result in the most severe penalties Kentucky law allows for hit-and-run offenses.
Kentucky Crash Statistics
Understanding the scope of traffic accidents in Kentucky helps put hit-and-run laws in context.
2024 Data
According to an announcement from Governor Beshear's office, Kentucky recorded 707 traffic fatalities in 2024, a decrease of 107 compared to 2023. This marked the lowest number of highway fatalities in the state over the previous 10 years. Of those 707 fatalities, 47% of vehicle occupants killed were not wearing a seat belt, and 19% of fatal crashes involved alcohol.
2023 Data
According to the Kentucky State Police Crash Facts Report and IIHS data, Kentucky experienced 814 traffic deaths in 767 fatal collisions in 2023. Key breakdowns include:
| Category | Deaths | Percentage |
|---|---|---|
| Car occupants | 252 | 31% |
| Pickup and SUV occupants | 269 | 33% |
| Motorcyclists | 106 | 13% |
| Pedestrians | 121 | 15% |
| Bicyclists | 16 | 2% |
Kentucky's traffic fatality rate of 18.0 per 100,000 population was well above the national average of 12.2, with 61% of fatal crashes occurring on rural roads.
How Insurance Works After a Hit and Run in Kentucky
Kentucky's insurance system has unique features that directly affect how hit-and-run claims are handled.
Kentucky's Choice No-Fault System
Kentucky is one of a small number of states that operates as a "choice no-fault" insurance state under KRS 304.39. By default, every driver carries Personal Injury Protection (PIP) coverage, which pays up to $10,000 per person per accident for medical expenses, lost wages, and related out-of-pocket costs, regardless of who caused the collision.
However, Kentucky drivers have the option to reject PIP coverage entirely by filing a written form with the Kentucky Department of Insurance. Opting out restores your full right to sue the at-fault driver directly.
Minimum Insurance Requirements
Kentucky law requires all drivers to carry at least:
- $25,000 per person for bodily injury liability
- $50,000 per accident for bodily injury liability
- $25,000 per accident for property damage liability
Uninsured Motorist (UM) Coverage and Hit-and-Run Claims
Uninsured motorist coverage is particularly relevant in hit-and-run cases because the at-fault driver often cannot be identified. Kentucky insurers must offer UM coverage, and it applies unless you reject it in writing.
There is an important limitation: many Kentucky UM policies include a "physical contact" requirement for hit-and-run claims involving unidentified vehicles. This means your vehicle must have made actual physical contact with the fleeing vehicle for UM coverage to apply. This requirement exists to prevent fraudulent "phantom vehicle" claims.
Proving Negligence in an At-Fault Claim
If you pursue a claim against the hit-and-run driver (assuming they are identified), you must prove:
- The driver owed you a duty of care
- The driver breached that duty through negligent or reckless behavior
- The breach directly caused your injuries or property damage
Comparative fault: Kentucky follows a pure comparative fault rule. Your compensation is reduced by your percentage of fault, but you can still recover damages even if you were partially responsible for the accident.
Statute of Limitations for Accident Claims
Kentucky has strict filing deadlines that vary depending on the type of claim:
| Claim Type | Time Limit | Statute |
|---|---|---|
| Personal injury | 1 year from the date of injury | KRS 413.140 |
| Motor vehicle personal injury (with PIP) | 2 years from last PIP payment, or 4 years from accident (whichever is earlier) | KRS 304.39-230 |
| Wrongful death | 1 year from appointment of personal representative (max 2 years from death) | |
| Personal property damage | 2 years | KRS 413.125 |
| Real property damage | 5 years | KRS 413.120 |
The motor vehicle exception is significant. If you have PIP coverage and are receiving benefits, your filing deadline extends to two years from the date of your last PIP payment, but no more than four years from the date of the accident.
Possible Defenses to Hit and Run Charges
Kentucky courts recognize several defenses that may apply in hit-and-run cases:
- Lack of knowledge. You genuinely did not know an accident occurred. This can apply in minor fender-benders or situations where road conditions masked the impact.
- Involuntary departure. You were unconscious, incapacitated, or physically removed from the scene by someone else.
- Safety concerns. You reasonably feared for your physical safety at the scene and left to find a safe location before reporting the accident.
- Compliance. You fulfilled all legal requirements (stopped, gave information, offered assistance) before leaving.
- Refusal by the other party. The other driver or property owner refused to accept your information.
- Mistaken identity. Someone else was driving your vehicle at the time. While this can defeat criminal charges (which require proving you were the driver), you may still face civil liability as the vehicle owner.
Steps to Take If You Are in an Accident in Kentucky
Following these steps helps you comply with KRS 189.580 and protects your legal rights:
- Stop immediately. Pull over safely as close to the accident scene as possible.
- Check for injuries. Assess whether anyone needs medical attention and call 911 if there are injuries.
- Exchange information. Provide your name, address, vehicle registration, and driver's license to the other parties.
- Document the scene. Take photos of vehicle damage, road conditions, traffic signs, and any visible injuries.
- Contact law enforcement. Even for minor accidents, having a police report strengthens your position.
- Notify your insurance company. Report the accident promptly to begin the claims process.
- File a crash report if required. If damage exceeds $500 and police did not investigate, file with the Kentucky State Police within 10 days.
- Seek medical attention. Some injuries are not immediately apparent. Getting checked promptly creates a medical record linking your injuries to the accident.
More Kentucky Laws
Frequently Asked Questions
How long do I have to report an accident in Kentucky?
If the accident causes $500 or more in property damage and law enforcement does not investigate at the scene, you must file a written crash report with the Kentucky State Police within 10 days of the accident under KRS 189.635.
Is hit and run a felony in Kentucky?
It depends on the severity. Leaving the scene of an accident involving only property damage is a Class A misdemeanor. If the accident results in serious physical injury or death, it becomes a Class D felony carrying 1 to 5 years in prison and up to $10,000 in fines.
What is the statute of limitations for a hit-and-run injury claim in Kentucky?
The general personal injury statute of limitations in Kentucky is 1 year from the date of injury under KRS 413.140. However, for motor vehicle accidents where PIP benefits are being paid, the deadline extends to 2 years from the last PIP payment, with an absolute maximum of 4 years from the accident date.
Will my insurance cover a hit-and-run accident in Kentucky?
If you carry uninsured motorist (UM) coverage, it may apply when the at-fault driver cannot be identified. However, many Kentucky UM policies require physical contact between your vehicle and the fleeing vehicle. Your PIP coverage (up to $10,000) will pay for your medical expenses and lost wages regardless of fault, unless you opted out of the no-fault system.
Can I be charged with hit and run even if the accident was not my fault?
Yes. The duty to stop and provide information applies to all drivers involved in an accident, regardless of who caused the collision. Hit-and-run charges are based on your failure to stop and comply with KRS 189.580, not on who was at fault for the crash itself.
Injured in Kentucky? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Kentucky personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 189: TRAFFIC REGULATIONS -- VEHICLE EQUIPMENT AND STORAGE
§ 189.580Duty in case of accident -- Movement of vehicle from roadway after accident -- Removal of vehicles obstructing roadway -- Exemptions -- Costs of removal recoverableIn force
(1) (a) The operator of any vehicle, whose vehicle, vehicle load, or vehicle equipment which is involved in an accident resulting in injury to or death of any person or resulting only in damage to a vehicle or other property which is driven or attended by any person, shall immediately stop and ascertain the extent of the injury or damage and render reasonable assistance, including the carrying, or making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person. The operator or person having or assuming authority of the operator, or ownership of the vehicle, shall give the occupant of the vehicle, or person struck, if requested, the registration number of the vehicle, if any, and also the names and addresses of the owner, the occupants, and operator. The total names need not exceed five (5) in number.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 19 court opinionsMost recently applied by a court: 2025
Leading cases:
- Justice v. Commonwealth (Kentucky Supreme Court 1998, 987 S.W.2d 306)“…22.202 and Leaving the Scene of an Accident in violation of KRS 189.580(1). Appellant argues that “evidence of…”
- Commonwealth v. Schindler (Kentucky Supreme Court 1984, 685 S.W.2d 544)“…ender aid and assistance after an accident” in violation of KRS 189.580(1). The jury recommended and the judge…”
- Commonwealth v. Nevius (Court of Appeals of Kentucky 1952, 249 S.W.2d 717)“…was created by an act of the legislature and is embodied in KRS 189.580 (1), which reads in part: “Any person…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 189.635Vehicle accident reports by operators, law enforcement officers, and agencies -- Availability -- News-gathering organizations -- Contracts with outside entities to provide vehicle's accident history and electronic access to reports -- Administrative regulations -- Insurers of train engineersIn forcecited in 3 of our articles
(1) As used in this section: (a) "Department" means the Department of Kentucky State Police; and (b) "Law enforcement agency" means any unit of government listed in KRS 15.380 that employs a certified peace officer. (2) The department shall be responsible for maintaining a reporting system for all vehicle accidents which occur within the Commonwealth. These accident reports shall be utilized for purposes as will improve the traffic safety program in the Commonwealth involving the collection, processing, storing, and dissemination of accident data and the establishment of procedures by administrative regulations to ensure that uniform definitions, classifications, and other federal requirements are in compliance. (3) (a) Any person operating a vehicle on the highways of this state who is involved in an accident resulting in fatal or nonfatal personal injury to any person or damage to the vehicle rendering the vehicle inoperable shall be required to immediately notify a law enforcement officer having jurisdiction.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 8 court opinionsMost recently applied by a court: 2003
Leading cases:
- Amelkin v. McClure (Court of Appeals for the Sixth Circuit 2000, 205 F.3d 293)“…from enforcing KRS § 189.635, see Amelkin v. McClure, 936 F.Supp. 42…”
- Amelkin v. Commissioner (District Court, W.D. Kentucky 1996, 936 F. Supp. 428)“…le accidents. Plaintiffs challenge the constitutionality of KRS 189.635, as amended by Kentucky Senate Bill 351…”
- Stephen Amelkin, Broadway Chiropractic Dr. Brian Christopher Fee Stuart Lyon Nicolas Baker David Kaplan James W. Chambers Sidney Hanish Rhoda Daniels Thomas H. Watson Kenneth W. Wall James Bogard, Doing Business as Bogard & Associates, City of Louisville, Division of Police v. Ann McClure Document Custodian Gary Rose, Commissioner of Department of State Police Ben Chandler, Attorney General, Justice Cabinet, Department of State Police, Plaintiff/counter Jefferson County, Kentucky (Court of Appeals for the Sixth Circuit 2000, 205 F.3d 293)“…peal, we affirmed the district court's injunction regarding KRS § 189.635 (restricting access to police accident…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Public Records Laws: The Open Records Act (KRS 61.870) Explained, How to Get a Police Report in Kentucky (2026 Guide)
§ 189.990PenaltiesIn forcecited in 2 of our articles
(1) (a) Any person who violates any of the provisions of KRS 189.020 to 189.040, 189.050(1) or (4), 189.060 to 189.080, 189.090(1) to (3), 189.100, 189.110, 189.130 to 189.160, 189.190(2) to (4), 189.195, 189.200, 189.285, 189.290(1) or (2), 189.300 to 189.360, 189.380, 189.400 to 189.430, 189.450 to 189.458, 189.4595 to 189.480, 189.520(1), 189.540, 189.570 to 189.590, except 189.580(1)(b) or (6)(b), 189.345, 189.456(6), and 189.960 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. (b) Any person who violates KRS 189.580(1)(a) shall be fined not less than twenty dollars ($20) nor more than two thousand dollars ($2,000) or imprisoned in the county jail for not more than one (1) year, or both, unless the accident involved death or serious physical injury and the person knew or should have known of the death or serious physical injury, in which case the person shall be guilty of a Class D felony. (c) Any person who violates KRS 189.390(5)(c) shall be fined not less than eleven dollars ($11) nor more than thirty dollars ($30). Neither court costs nor fees shall be taxed against any person violating KRS 189.390(5)(c).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 25 court opinionsMost recently applied by a court: 2026
Leading cases:
- Commonwealth v. Fox (Kentucky Supreme Court 2001, 48 S.W.3d 24)“…om the statute at that time was the prior language: “KRS 189.990 and 189.993 to the contrary notwithstan…”
- Murphy v. City of Lake Louisvilla (Court of Appeals of Kentucky 1957, 303 S.W.2d 307)“…conviction under said ordinance.” Reference is then made to KRS 189.990, which provides a fine of not less than…”
- Phelps v. Louisville Water Co. (Kentucky Supreme Court 2003, 103 S.W.3d 46)“…ic control (at worst)" is a $100 fine under KRS 189.337 and KRS 189.990(1). While this may be the maximum fine…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Windshield Mounting Laws (2026 Guide)
Kentucky Revised Statutes, Chapter 413: LIMITATION OF ACTIONS
§ 413.120Actions to be brought within five yearsIn forcecited in 5 of our articles
The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied. (2) An action upon a liability created by statute, when no other time is fixed by the statute creating the liability. (3) An action for a penalty or forfeiture when no time is fixed by the statute prescribing it. (4) An action for trespass on real or personal property. (5) An action for the profits of or damages for withholding real or personal property. (6) An action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated. (7) An action upon a bill of exchange, check, draft or order, or any endorsement thereof, or upon a promissory note, placed upon the footing of a bill of exchange. (8) An action to enforce the liability of a steamboat or other vessel. (9) An action upon a merchant's account for goods sold and delivered, or any article charged in such store account. (10) An action upon an account concerning the trade of merchandise, between merchant and merchant or their agents. (11) An action for relief or damages on the ground of fraud or mistake.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 386 court opinionsMost recently applied by a court: 2026
Leading cases:
- Craft v. Rice (Kentucky Supreme Court 1984, 671 S.W.2d 247)“…by the one-year limitation. The crucial issue is whether KRS 413.120(7), the five-year statute of limitation…”
- Saylor v. Hall (Court of Appeals of Kentucky (pre-1976) 1973, 497 S.W.2d 218)“…der, was barred by limitations because of the provisions of KRS 413.120(14) and KRS 413.135. From this order of…”
- Metro Louisville/Jefferson County Government v. Abma (Court of Appeals of Kentucky 2009, 326 S.W.3d 1)“…y applied the five-year statute of limitations mentioned in KRS 413.120(2) to the wage and hour law violation b…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Dog Bite Laws: Liability and Victim Rights, Kentucky Statute of Limitations: Filing Deadlines by Case Type, Kentucky Whistleblower Laws: Protections and How to Report
§ 413.125Actions relating to personal property to be brought within two yearsIn forcecited in 3 of our articles
An action for the taking, detaining or injuring of personal property, including an action for specific recovery shall be commenced within two (2) years from the time the cause of action accrued.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 25 court opinionsMost recently applied by a court: 2025
Leading cases:
- American Premier Insurance Co. v. McBride (Court of Appeals of Kentucky 2004, 159 S.W.3d 342)“…345 the two-year statute of limitations found in KRS 413.125. The circuit court granted McBride’s mo…”
- Ingram Trucking, Inc. v. Allen (Court of Appeals of Kentucky 2012, 372 S.W.3d 870)“…of limitations governing actions for property damage under KRS 413.125. However, he subsequently cancelled the…”
- Government Employees Insurance Co. v. Winsett (Court of Appeals of Kentucky 2004, 153 S.W.3d 862)“…order dismissing GEICO’s intervening complaint, found that KRS 413.125 supplied the correct Statute of Limitat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Dashcam Laws: Legality, Mounting Rules, and Evidence Use
§ 413.140Actions to be brought within one yearIn forcecited in 13 of our articles
(1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216; (c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage; (d) An action for libel or slander; (e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice; (f) A civil action, arising out of any act or omission in rendering, or failing to render, professional services for others, whether brought in tort or contract, against a real property appraiser holding a certificate or license issued under KRS Chapter 324A or a real estate broker or sales associate holding a license issued under KRS Chapter 324; (g) An action for the escape of a prisoner, arrested or imprisoned on civil process; (h) An action for the recovery of usury paid for the loan…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 648 court opinionsMost recently applied by a court: 2026
Leading cases:
- Craft v. Rice (Kentucky Supreme Court 1984, 671 S.W.2d 247)“…applies to this situation rather than the one-year limit of KRS 413.140(1)(a) for injury "to the person of the…”
- Rigazio v. Archdiocese of Louisville (Court of Appeals of Kentucky 1993, 853 S.W.2d 295)“…it was time barred under the one-year limitation period of KRS 413.140(l)(a). On December 5, 1990, following a…”
- Emberton v. GMRI, Inc. (Kentucky Supreme Court 2009, 299 S.W.3d 565)“…uit within the one-year statute of limitations, pursuant to KRS 413.140(l)(a). 7 In response, Embe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Medical Recording Laws: Patient Rights and Healthcare Privacy, Kentucky Car Accident Laws: Fault, Insurance, and Your Claim, Kentucky Defamation Laws: Libel, Slander & Suing (2026)
§ 413.180Action by or against personal representative under KRS 413.090 to 413.160In forcecited in 5 of our articles
(1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one (1) year after the qualification of the representative. (2) If a person dies before the time at which the right to bring any action mentioned in KRS 413.090 to 413.160 would have accrued to him if he had continued alive, and there is an interval of more than one (1) year between his death and the qualification of his personal representative, that representative, for purposes of this chapter, shall be deemed to have qualified on the last day of the one-year period.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 42 court opinionsMost recently applied by a court: 2026
Leading cases:
- Conner v. George W. Whitesides Co. (Kentucky Supreme Court 1992, 834 S.W.2d 652)“…resents two issues to the Court. The first issue is whether KRS 413.180 applies to wrongful death claims. The s…”
- Southeastern Kentucky Baptist Hospital, Inc. v. Gaylor (Kentucky Supreme Court 1988, 756 S.W.2d 467)“…one year of the date that the representative is qualified. KRS 413.180. There is no statutory time limitation…”
- Ragland v. Estate of Digiuro (Court of Appeals of Kentucky 2010, 352 S.W.3d 908)“…Further, the Conner Court recognized that KRS 413.180 provides the time limitations for a per…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Kentucky (2026): Deadlines & Liability, Kentucky Wrongful Death Laws (2026): Deadlines & Who Can Sue, Medical Malpractice Laws in Kentucky (2026): Deadlines & Caps
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Sources and References
- KRS 189.580: Duty in case of accident(apps.legislature.ky.gov).gov
- KRS 189.990: Penalties for traffic violations(apps.legislature.ky.gov).gov
- KRS 189.635: Vehicle accident reports(apps.legislature.ky.gov).gov
- KRS 413.140: Actions to be brought within one year(apps.legislature.ky.gov).gov
- KRS 304.39: Motor Vehicle Reparations Act (No-Fault)(apps.legislature.ky.gov).gov
- Kentucky Department of Insurance: No Fault Rejection/Verification (PIP)(insurance.ky.gov).gov
- Governor Beshear Announces Decline in Highway Fatalities in 2024(kentucky.gov).gov
- Kentucky Crash Facts 2023 Report(wp.kentuckystatepolice.ky.gov).gov
- IIHS Fatality Facts 2023: State by State(iihs.org)
- Kentucky DRIVE: License Reinstatement(drive.ky.gov).gov
- Kentucky Office of Highway Safety: Daily Fatality Summary(transportation.ky.gov).gov