Even though Kentucky drivers are required by state law to carry minimum liability insurance, not all drivers obey this law.
Being hit by an uninsured motorist is a challenging situation to find yourself in. The good news is that car accident attorneys have plenty of experience helping people in your exact situation figure out how to get their deserved compensation.
Understanding Kentucky’s Car Insurance Laws
Kentucky is a choice no-fault state.
Everyone is required to carry liability insurance. “No fault” means that In the event of an accident between two insured drivers, each driver will file a claim, and their insurance will pay for damages up to $10,000.
This amount is called “personal injury protection” (PIP) and covers:
- Medical bills
- Lost wages
- Out-of-pocket costs related to the accident
The “choice” in choice no-fault means that drivers can opt out of this no-fault system. If you choose to opt out, you may sue another driver in the event of an accident. However, you are also sueable if you are at fault in an accident and you will lose the right to receive PIP benefits.
Making an Uninsured Motorist Claim
If you have been in a motor vehicle collision with an uninsured driver, you may be able to file an uninsured motorist claim with your insurance.
In Kentucky, there is no requirement to carry uninsured motorist coverage. However, if you had purchased uninsured motorist protection before your accident, the state minimum coverage per victim is $25,000 and $50,000 per accident.
What to Do After An Accident with an Uninsured Driver
If you have been in a car accident with an uninsured driver, this list will help you take the right steps in the correct order.
1) Immediately after the accident, contact the authorities.
A police report will document the details of the accident. This documentation is essential because it will be used for insurance claims and potential lawsuits. Never leave the scene of an accident until the police are involved.
2) Seek medical attention right away.
Injuries from a car accident may be immediately noticeable, or the symptoms may not appear for several hours or even days. Pain is often delayed because of the adrenaline and endorphins that rush our bodies during traumatic events.
Seeking medical attention right away can establish a baseline for any injuries that you suffered in the accident. You will want to continue documenting medical expenses related to your injuries, including chronic pain.
3) File a claim with your insurance company.
As the insurance holder, you will need to file a claim with your insurance company. If you opted out of no-fault insurance, you may not be eligible for the $10,000 in personal injury protection. If you carry a policy for uninsured motorist coverage, that will be another part of your insurance claim.
4) Pursue legal action
Consider pursuing legal action if your insurance does not cover all of your expenses and damages.
It is not uncommon for medical costs after an accident to soar far higher than the $10,000 minimum PIP. Because you can’t file an additional claim against the at-fault uninsured driver’s insurance, your next option is to pursue legal action.
You can file a personal injury lawsuit with the assistance of a knowledgeable personal injury attorney. This process provides you with access to the compensation you deserve to cover all kinds of costs, including medical bills, lost wages, vehicle repairs, chiropractic bills, physical therapy, pain and suffering, and much more.
McCoy & Sparks–Legal Assistance for Central Kentucky’s Car Accident Victims
The attorneys at McCoy & Sparks offer knowledgeable and compassionate support to people in Kentucky who have been injured in a car accident. That includes car accidents with uninsured drivers!
Reach Out Today for a Free Consultation
We protect the rights of accident victims here in Central Kentucky. When we meet with you for your free consultation, we take the time to review your case and learn about what you have experienced since your accident.
Our goal is to determine who was responsible and then hold them accountable, even if they don’t carry the appropriate level of state-mandated insurance.
You can learn more about our success stories by reviewing our case results!
Contact McCoy & Sparks by calling 1-844-4KY-WINS or filling out our online form. We look forward to helping you get the compensation you deserve for your injuries, out-of-pocket costs, and other expenses.