A car accident can turn your life upside down in seconds. Medical bills pile up. You may miss work. And the stress of dealing with insurance companies only adds to the burden. One of the most frustrating situations is when you learn the at-fault driver does not have enough insurance, or any at all.
If the at-fault driver does not have enough insurance, Kentucky law provides options. Understanding your rights in an uninsured or underinsured motorist claim in Kentucky is key to preparing yourself for an effective recovery.
At McCoy & Sparks, PLLC, we’ve spent decades helping injured Kentuckians navigate situations like this. Below are the basics of uninsured and underinsured claims.
Kentucky’s Insurance Requirements
Kentucky requires drivers to carry minimum liability insurance.
Under the law, there are two options for fulfilling required minimums:
- A split limit policy that includes at least $25,000 for the bodily injury of one person in one accident, $50,000 for bodily injuries to multiple people per accident, and $25,000 for property damage per accident; or
- A single-limit policy that includes at least $60,000 for bodily injuries and property damage.
Sometimes, these limits are not enough to cover serious injuries. When damages exceed those limits, you may be left wondering how to recover the rest.
What If the Other Driver Does Not Have Enough Insurance?
In many cases, at-fault drivers do not have enough of their own money to cover the damages in car accident cases and must rely on car insurance to foot the bill. But what happens if an at-fault driver doesn’t even have enough insurance? You may rely on your own carrier’s uninsured or underinsured vehicle coverage.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage protects you if you are involved in a car accident without car insurance on the part of the at-fault driver. Under Kentucky law, UM coverage must be included in every auto insurance policy unless the insured person rejects it in writing.
This coverage acts as a safety net. It allows your own insurance company to step into the shoes of the at-fault driver and pay for your damages. The purpose is simple: to treat you as if the other driver had insurance.
What UM Coverage Pays For
UM coverage helps pay for the losses you incur because of bodily injury, including:
- Medical expenses,
- Lost wages, and
- Pain and suffering.
UM coverage is typically offered at limits equal to Kentucky’s minimum liability requirements, though policyholders may choose different limits.
What Is Underinsured Motorist Coverage?
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to cover your damages from an injury. An underinsured motorist claim in Kentucky may be crucial when you suffer a serious, accident-related injury.
For example, if costs from your injuries total $100,000, but the at-fault driver only carries $25,000 in coverage, UIM coverage may provide additional compensation, up to your policy limits.
Making a Kentucky Underinsured Motorist Claim
When the other driver has some insurance coverage but not enough, here’s how the claim process typically works:
- You file a claim against the at-fault driver’s insurance,
- Their policy pays up to its limits, and
- You then turn to your UIM coverage for additional compensation.
If your case with the underinsured driver will end with a settlement that does not cover all your losses and creates a Kentucky underinsured motorist claim, you typically must give your insurer a written and registered or certified notice about the proposed settlement and 30 days to consent. If your insurer does not consent to the settlement, they must pay you the proposed settlement amount and can seek reimbursement after you resolve the matter with the other driver’s insurer.
What Happens If You Don’t Have Insurance?
In Kentucky, failing to carry insurance can create serious problems:
- Your vehicle registration may be revoked;
- You may face fines, penalties, and jail time;
- You may be responsible for your own damages; and
- Your ability to recover compensation may be limited.
Even if the other driver is at fault, not having insurance can complicate your claim significantly.
Do You Need a Lawyer for an Uninsured or Underinsured Motorist Claim in Kentucky?
Accident claims involving uninsured or underinsured drivers can become complicated fast. Insurance companies may dispute liability, damages, or coverage, and timing is crucial to keeping your claim alive.
An experienced attorney can:
- Review your insurance policy,
- Identify all available sources of compensation,
- Timely file claims and petitions,
- Handle negotiations with insurers, and
- Protect your rights throughout the process.
Our attorneys at McCoy & Sparks are here to protect you. We strive to build a case for all available damages when you’re handling a car accident without car insurance for one of the involved parties.
McCoy & Sparks Can Help You Get Answers
Do you want to know what happens if you don’t have insurance or if the other driver does not have enough insurance after a collision? We have answers for you. And we can help you recover what you deserve.
At McCoy & Sparks, we have helped Kentucky families recover compensation after serious accidents for decades. And with over 80 years of combined experience, we understand how to navigate uninsured and underinsured claims. If you have questions about your situation, don’t wait. Getting the right guidance early can make all the difference.
FAQs
What Is Underinsured Motorist Coverage in Kentucky?
Underinsured motorist coverage helps pay for your damages when the at-fault driver’s insurance is not enough to fully compensate you. It allows you to recover additional funds through your own policy.
Can I Still Recover Compensation If the Other Driver’s Policy Limits Are Too Low?
Yes. You can first recover up to the at-fault driver’s policy limits. Then, you may file a Kentucky underinsured motorist claim through your own insurance for additional compensation, up to your policy limits.
How Do I Know If I Have Underinsured Motorist Coverage?
You can check your auto insurance policy or contact your insurance provider. Many policies include UM coverage automatically, but UIM coverage may be optional. Our lawyers can also review your policy for you.
What Losses Can Underinsured Motorist Coverage Help Pay For?
Underinsured motorist coverage can help pay for medical bills, lost wages, pain and suffering, and other damages related to your injuries.
Should I Speak with a Lawyer If the At-Fault Driver Does Not Have Enough Insurance?
Yes. These cases often involve complex insurance issues. A lawyer can help you understand your options, maximize your recovery, and avoid costly mistakes.
Legal References Used to Inform This Page
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