The Out of State Motorist statute

Kentucky, like most states has an out of state motorist statute. KRS188.030.

This statute allows a plaintiff to sue an out-of-state motorist in Kentucky and use service upon the Secretary of State as a substitute for personal service. However, an interesting question arises when the person you want to sue gives the police both an in-state as well as an out-of-state address. Normally, a plaintiff is allowed to rely the address that is shown on the police report as the address for each driver. However, if the police report shows both an in-state and and out-of-state address for a driver, the plaintiff may not simply use the out-of-state address and thereby avail themselves of the Secretary of State service thru KRS 188.030. See Begley v. Kilburn, 525 S.W. 2d 926 (Ky. 1976)

Monday, December 10th, 2007   David Knights