In Kentucky, when you get into an accident, the law requires you to file a claim with your insurance company to get compensation for medical bills, car damages and other financial losses you’ve suffered. However, if your injuries and property damages exceed your policy limit, you may claim compensation from the other driver’s insurance company if they were at fault for the accident. However, if they don’t have coverage, you may face a unique set of challenges that requires a more thorough understanding of the law.
Kentucky car insurance requirements
The state laws require motorists to have Personal injury protection (PIP) of at least $10,000 per person and minimum liability coverage of $25,000 per person or $50,000 per accident. In addition, you can get extra insurance for underinsured or uninsured motorists for your protection.
Motorists must maintain their insurance on their cars at all times. Failure to meet these requirements can lead to fines of up to $1000, 90 days in jail and suspension of driving privileges.
What you can do when hit by an uninsured driver
The first step is to call the police. Kentucky made it mandatory for drivers to call the police after motor vehicle accidents, especially if there are injuries or property damages involved.
If you have collision coverage, your insurance company will likely reimburse you for the damages to your car minus the deductible. If you have PIP coverage, your insurance company will cover up to $10,000 of medical expenses regardless of who was at fault for the accident. If your injuries exceed that amount or you don’t have PIP coverage, you will have to seek compensation from the other driver’s insurance company or file a personal injury lawsuit.
If you’ve decided to file a lawsuit against the uninsured at-fault driver, you’ll need to prove that they were indeed at fault for the accident. For instance, if you can show that they were under the influence, tailgating or speeding, that will likely be enough to prove negligence on their part. But, again, you can use police reports, eyewitness testimony, photos of the accident scene and your account of what happened as evidence in court.
The uninsured driver is already driving illegally on the road. Add that to causing an accident, and they’ve put you in a challenging and stressful position. However, following the proper legal procedures can get sufficient compensation for your bodily and vehicular damages.