Kentucky · Comparative fault · Updated Oct 2026

Comparative fault in Kentucky: who pays when both drivers share the blame

How pure comparative fault works in Kentucky, the law behind it and how insurers apply it.

Short answer

In Kentucky, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Rule: Pure comparative
You recover nothing at: No cutoff: your damages are only reduced
Law: KRS 411.182 (fault is split by percentage among all parties; your own fault reduces but does not bar recovery)
Insurance system: Choice no-fault

Insurance and small claims in Kentucky

Choice no-fault. Your policy must include $10,000 of basic reparation benefits (PIP) per person.

Small claims limit for car damage in Kentucky: $2,500. Kentucky small claims guide on Small Claims Map

How fast an insurer must handle a claim in Kentucky

Your own insurer must pay a claim under your policy within 30 days after it gets notice and proof of claim; late settlements earn 12% yearly interest, and you may get attorney fees if the delay had no reasonable basis (KRS 304.12-235).
Every insurer must acknowledge a claim within 15 days, reply to your communications within 15 days, and offer payment due within 30 calendar days of proof of loss, or tell a first-party claimant within 30 days why it needs more time (806 KAR 12:095, Sections 5-6).
Unfair claims practices are banned (KRS 304.12-230).

More facts for Kentucky

You can opt out of the no-fault limits on suing by filing a written rejection form with the Department of Insurance before a crash (KRS 304.39-060(4)).

If the insurer says you were partly at fault

Get the police report. The agency whose officer wrote the report provides copies. Reporting a crash in Kentucky and getting the police report
Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
If the insurer blames you without a good reason, complain to Kentucky Department of Insurance, Division of Consumer Protection.
Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Kentucky, with the calculator

Who pays in Kentucky: fault and payout explainer

Free help in Kentucky

Questions about comparative fault in Kentucky

Is Kentucky a comparative negligence state?

Yes, pure comparative negligence. KRS 411.182 (fault is split by percentage among all parties; your own fault reduces but does not bar recovery)

Does fault still matter under Kentucky's choice system?

Kentucky uses a choice system: drivers choose options that decide how injury claims work, such as no-fault benefits or limits on suing for pain and suffering. The details are below. Choice no-fault. Your policy must include $10,000 of basic reparation benefits (PIP) per person.

Where can I complain if an insurer blames me unfairly in Kentucky?

Kentucky Department of Insurance, Division of Consumer Protection: https://insurance.ky.gov/ppc/forms/complaints_home.aspx · 502-564-3630 (toll-free 800-595-6053)

How fast must an insurer handle a car insurance claim in Kentucky?

Your own insurer must pay a claim under your policy within 30 days after it gets notice and proof of claim; late settlements earn 12% yearly interest, and you may get attorney fees if the delay had no reasonable basis (KRS 304.12-235). Every insurer must acknowledge a claim within 15 days, reply to your communications within 15 days, and offer payment due within 30 calendar days of proof of loss, or tell a first-party claimant within 30 days why it needs more time (806 KAR 12:095, Sections 5-6).

How do I get the police report in Kentucky?

The agency whose officer wrote the report provides copies. Collision reports are released only to people allowed by law, such as the parties involved, their lawyers and insurers (KRS 189.635). Kentucky State Police reports cost $10 online (KSP links to BuyCrash.com for this) or $5 for a paper copy (502 KAR 15:010). For a paper copy or other records, send a written open records request to the KSP Public Records Branch, 1266 Louisville Road, Frankfort, KY 40601, 502-782-1873. https://kentuckystatepolice.ky.gov/open-records-requests/