What to Do if You Are Hit by an Uninsured or Underinsured Driver

  • Filed Under: ,
  • November 12th, 2017

While Kentucky drivers are required to carry bodily injury and property damage liability insurance, which is designed to pay for damages incurred in a crash, not all drivers operate in compliance with the law. There are many drivers in the Kentucky who drive without insurance coverage, posing a risk to others on the road should an accident occur.

If you are hit by an uninsured or underinsured driver in the state of Kentucky, you still have options under the Kentucky no-fault system. Consider the following:


Filing a Claim with Your Own PIP Coverage

The state of Kentucky maintains a choice no-fault system. Drivers who carry no-fault insurance will turn to their own insurance coverage first. Drivers covered under the no-fault system in the state must carry at least $10,000 in Personal Injury Protection, or PIP, coverage. This pays for medical expenses incurred in an accident, regardless of who was at fault for the crash.


Uninsured/Underinsured Motorist Coverage

In the event that your injuries and damages extend beyond the tort threshold in Kentucky, thereby providing you with the right to pursue a claim against the at-fault driver even if you have no-fault coverage, you could normally file a claim with the other driver’s insurance company. But what happens if the at-fault driver doesn’t have insurance, or doesn’t have enough insurance to pay for your injuries?

If this is the case, you may turn to your own policy’s uninsured or underinsured motorist coverage, assuming you carry this coverage type.


Coverage that May Be Available to You

Another coverage type that may be available to you, assuming you have purchased it, is collision coverage. While collision coverage will not pay for any of your medical expenses, it can pay for damage to your vehicle, regardless of fault.

Depending upon the circumstances of your case, there may be other forms of insurance available outside of your own and the insurance (or lack thereof) of the other driver involved. For example, if a vehicle defect contributed to the accident, you may be able to pursue a claim against the vehicle/vehicle part manufacturer.


Contact Our Law Offices if You Have Been in a Crash with an Uninsured Driver

If you are involved in a crash with a driver who doesn’t have the required insurance, our lawyers are here to help. We can assist you in understanding your options for bringing forth a claim, as well as the insurance that is available to you. To schedule your free consultation with our Kentucky car accident attorneys, send us a message today.


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