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Can you sue an uninsured driver in Kentucky?

Kentucky state statutes impose numerous obligations and restrictions on motorists. Those driving on public roads need to have licenses and should register their vehicles with the state. They typically also need to carry liability insurance in case they cause a crash.

Despite those requirements, it is common for people to break the law, sometimes in multiple different ways. They may fail to carry insurance while also violating traffic statutes. According to a review of insurance claims from 2022, Kentucky has the sixth-highest number of uninsured drivers of any state. Approximately 18.7% of motorists do not consistently have coverage on their vehicles.

Those affected by uninsured drivers may be unsure of their rights. They obviously can’t file a basic insurance claim against the other driver’s insurance policy, because there is none in place. Can they sue an uninsured at-fault driver instead?

State law does permit litigation

It is sometimes possible to hold a driver personally accountable for causing a crash. Generally, insurance serves as the first line of protection against personal liability. Someone who doesn’t maintain a policy the way that they should has nothing to act as a buffer between them and claims from other people affected by the incident.

Provided that there is proof that the other driver was at fault for the crash because of their negligence or traffic violations, the people affected by the collision could file a personal injury lawsuit. In scenarios where a crash causes a death, the surviving family members of the person who dies could file a wrongful death lawsuit against the driver at fault for the crash.

Litigation is not only possible, but it could be more beneficial than a basic insurance claim. Many drivers carry a minimal amount of insurance just to comply with state law. The people affected by a crash can only receive compensation based on the coverage available.

During a personal injury lawsuit, the losses of the plaintiff, rather than the coverage of the party at fault, determine how much compensation the plaintiff may receive. Of course, it can be substantially more difficult to seek reimbursement for crash expenses in the civil courts as opposed to through an insurance claim. People often need help with the process.

Learning more about Kentucky’s personal injury rules can be beneficial for those affected by a motor vehicle collision caused by another’s negligence. A lawsuit brought in accordance with state law could lead to reimbursement for property damage and injury-related expenses.