What Happens If an Uninsured Driver Hits You in Kentucky?

After a typical car accident in Kentucky, you would exchange insurance information with the at-fault driver and file a claim through their insurer. But what happens if an uninsured driver hits you in Kentucky? Can you still seek compensation?

The answer depends on whether you can claim the accident on your own insurance. If you have the right policies in place, you may be able to fully cover your accident damages. 

What Are Your Options If an Uninsured Driver Hits You in Kentucky?

If the at-fault driver in your accident does not have insurance, they are violating Kentucky law. The state requires all motor vehicle owners to carry at least $25,000 in bodily injury liability coverage per person or $50,000 per accident, along with $25,000 in property damage coverage. Alternatively, a driver can have one single-limit policy worth $60,000. 

Ideally, the driver in your accident will at least have the minimum liability insurance. If they do not, report them to the police; they may face fines and other legal consequences. 

What happens if an uninsured driver hits you in Kentucky? Your main options are:

• File a claim under your own car insurance. If you have the right coverage, you may be able to claim some or all of your damages through your own insurance policy. 
• Sue the at-fault driver. This option only makes sense if the at-fault driver has significant assets you can claim in a lawsuit. 

An experienced car accident attorney can help you review your options and determine your next step. 

How Kentucky’s “Choice No-Fault” Policy Affects Your Insurance Claim 

Kentucky is a “choice no-fault” insurance state when it comes to vehicle accidents. This means drivers have the option to file accident claims through their own personal injury protection (PIP) insurance policies, no matter who’s at fault. Otherwise, they can file claims through the at-fault party. 

This policy may improve your chances of having PIP insurance in place. Many insurance companies in the state automatically include this coverage on policies, only taking it off when the insured asks them to. If you have PIP coverage, you can seek compensation for injuries through your insurer. 

Review Your Own Insurance Policy To See Whether You Have Coverage

So, what happens if an uninsured driver hits you in Kentucky? Call your auto insurance company and ask a representative about the possible coverage on your policy that may apply to:

• Personal injury protection (PIP) insurance: Covers your medical expenses and lost wages during your physical injury recovery 
• Uninsured/underinsured motorist coverage: Pays for your damages, up to your coverage limits, in accidents where the at-fault driver was uninsured or did not have adequate insurance to cover all your expenses. 

Keep in mind that if you file a claim through your own insurance, you will need to pay the deductible. However, the insurer will likely file it as a “no-fault” claim, meaning you may not experience any penalties, such as an increase in your premium. They may also go after the at-fault driver to recoup your deductible payment. 

Also, if the accident was a hit-and-run and you do not know who the at-fault party was, you likely cannot file under uninsured motorist coverage. The insurance company needs to confirm that the at-fault driver is uninsured for this to apply.

Regard Law Group, PLLC, Can Help You Navigate Uninsured Accidents 

Finding out the at-fault driver in your accident was uninsured can be frustrating, but Regard Law Group, PLLC, can help you explore all your options for financial recovery. What happens if an uninsured driver hits you in Kentucky? We can explain more during your free consultation. Call us today at 859-281-1318 or fill out our online form to request more information.