This is Kentucky Injury Attorney Tate Meagher with the Meagher Injury Lawyers. So, you want to know if you can get a car accident injury settlement if the other driver had no insurance whatsoever.
Uninsured Motorist Coverage
If you have what is known as uninsured motorist coverage on your automobile insurance policy, you might be able to recover under that coverage. The purpose of this type of coverage is to compensate you for your damages in the event of a car accident that was not your fault but the other driver had no insurance. In Kentucky, this coverage is optional but must be rejected in writing.
Proving Fault
To be successful in your claim for uninsured motorist benefits, you still have to prove that the uninsured driver was at fault for the accident.
Recovering from an Uninsured Driver
Technically, you can recover from an uninsured driver, but it’s very unlikely in my experience that you will be able to obtain any type of settlement or compensation from them. Given that they have no insurance, it’s very, very likely that they do not have any significant assets to pursue and are thus what we would call judgment-proof. Thus, your best bet is to secure a settlement in this scenario if you have uninsured motorist coverage on your car.
Hit and Run Accidents
Uninsured motorist coverage may also apply to hit-and-run accidents. If the other driver fled the scene and you were unable to get their license plate number, you may be able to file a claim under your uninsured motorist coverage.
Insurance Premiums
Keep in mind, pursuant to Kentucky statute KRS-304.20-045, your insurance company cannot raise your insurance premium rates solely because of filing an uninsured motorist claim, provided the accident was not your fault.
Conclusion
Well, thanks for watching my video. Remember, if you have been injured in a car accident in Kentucky, don’t wait. Call Tate. Also, be sure to subscribe to my YouTube channel and watch more videos like this one. I’ll see you in the next video. Bye.
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