You get hit by another driver, exchange information, and then find out they do not have insurance. Now what?
In Kentucky, an uninsured driver does not automatically leave you without options. Your own Personal Injury Protection (PIP) benefits may cover some immediate accident-related losses, and uninsured motorist coverage may provide another source of compensation depending on your policy.
Meagher Injury Lawyers helps people injured in Louisville car accidents determine what insurance coverage is available, deal with their own insurance company, and pursue compensation when the at-fault driver has no coverage. The first step is understanding which part of your policy may apply.
Does My Own Insurance Cover Me If the Other Driver Is Uninsured?
In many Kentucky car accidents, Personal Injury Protection, or PIP, provides up to $10,000 per person per accident for medical expenses, lost wages, and certain other out-of-pocket losses, regardless of who caused the crash. Kentucky generally requires basic PIP coverage on motor vehicles other than motorcycles.
That coverage can be important when the person who caused the accident has no liability insurance.
But PIP is limited. A serious injury can quickly create losses beyond the basic $10,000 benefit, which is where other insurance coverage may become especially important.
What Is Uninsured Motorist Coverage?
Uninsured motorist, or UM, coverage is designed to protect you when someone who does not have liability insurance causes an accident that injures you.
Kentucky auto policies generally must include uninsured motorist bodily injury coverage unless the named insured rejects it in writing. That means many drivers already have UM coverage even if they do not remember specifically selecting it when they purchased their policy.
If UM coverage applies, you make the claim through your own insurance company rather than the uninsured driver’s insurer.
Will My Insurance Company Automatically Pay My UM Claim?
Not necessarily.
Even though it is your insurance company, a UM claim can still involve disputes about:
- Who caused the accident
- Whether your injuries resulted from the crash
- The amount of your medical expenses
- How much work or income you lost
- Whether your injuries will affect you in the future
- How much compensation your claim is worth
Your insurer may investigate the claim and require evidence just as another insurance company would. Having coverage and obtaining the full amount your claim supports are two different issues.
What If the Other Driver Has Insurance, Just Not Enough?
That is a different situation.
An uninsured driver has no applicable liability coverage. An underinsured driver has insurance, but the policy limits may not be enough to cover the losses caused by a serious crash.
Depending on the coverage you purchased, underinsured motorist coverage may provide an additional source of recovery after the at-fault driver’s available insurance is considered.
A lawyer can review the actual policy rather than assuming uninsured and underinsured coverage work the same way.
Can I Sue the Uninsured Driver Personally?
Potentially, yes. The driver who caused the accident does not escape responsibility simply because they violated Kentucky’s insurance requirements.
The practical issue is whether that person has assets or income from which a judgment could realistically be collected. Filing a lawsuit against someone who cannot pay may not provide the recovery an injured person needs.
That is why an attorney will often look beyond the uninsured driver and investigate all available insurance policies and potentially responsible parties.
Could Someone Else Be Responsible for the Accident?
Sometimes.
For example, if the uninsured driver was working at the time of the crash, an employer may potentially become relevant. A vehicle owner, business, or another negligent party may also be involved depending on how the accident occurred.
This can be especially important in commercial vehicle and truck accidents, where responsibility may extend beyond the person behind the wheel.
Identifying every potentially responsible party can uncover insurance coverage that was not obvious immediately after the crash.
What Should I Do After Being Hit by an Uninsured Driver?
Treat the accident like any other serious crash. Call the police, seek appropriate medical attention, photograph the scene and vehicle damage, and collect witness information when possible.
Make sure the police report accurately identifies the other driver and available insurance information. Then notify your insurer about the crash.
Before giving detailed recorded statements or agreeing to a settlement, it can help to understand which coverages apply and what your injuries may ultimately cost.
Don’t Assume There Is No Recovery Just Because They Were Uninsured. Don’t Wait, Call Tate.
Finding out the other driver has no insurance is frustrating, but it does not necessarily mean you have nowhere to turn.
PIP, uninsured motorist coverage, underinsured coverage, and insurance connected to other responsible parties may all need to be investigated before you know what compensation is available.
Meagher Injury Lawyers can review the accident and your insurance coverage, explain what options you have, and handle the insurance process on your behalf.
If an uninsured driver injured you in Louisville, Call (502) 309-9213 for a free consultation. Meagher Injury Lawyers is available 24/7.
