Hit by an Uninsured Driver in Kentucky What to do MSRM Law

Hit by an Uninsured Driver in Kentucky What to Do

Being injured in a car accident is stressful enough. Discovering that the at-fault driver has no insurance can make the situation feel overwhelming. You may be facing medical bills, missed work, vehicle repairs, and uncertainty about who will pay for your losses.

Fortunately, being hit by an uninsured driver does not necessarily mean you have no way to recover compensation. Kentucky’s no-fault insurance system and your own automobile policy may provide important benefits. However, uninsured motorist claims can be complicated, and insurance companies may dispute coverage or the value of your injuries.

Here is what Central Kentucky drivers should know after an accident involving an uninsured motorist.

What Should You Do Immediately After the Accident?

Your first steps can protect your health and strengthen a future insurance claim.

Call 911

Report the collision and ask for medical help if anyone may be injured. A police report can provide valuable information about the drivers, vehicles, witnesses, and circumstances surrounding the crash.

Do not agree to let the other driver leave without reporting the accident, even if that person promises to pay your expenses personally. Injuries and vehicle damage may be more serious than they initially appear.

Seek Medical Attention

Get evaluated promptly, even if you believe your injuries are minor. Symptoms from whiplash, concussions, internal injuries, and soft-tissue damage may not become obvious immediately.

Medical records also help connect your injuries to the accident. Waiting too long to seek treatment may allow an insurance company to argue that you were not seriously injured or that something else caused your condition.

Collect Evidence

If you can do so safely, take photographs or videos of:

Vehicle damage
The accident scene
Skid marks and debris
Traffic signs and signals
Road and weather conditions
Your visible injuries
The other vehicle’s license plate

Obtain contact information from witnesses. You should also exchange information with the other driver, including a name, address, telephone number, driver’s license information, and vehicle registration.

How Does Kentucky PIP Coverage Help?

Kentucky is commonly described as a “no-fault” state. Basic personal injury protection, usually called PIP, generally pays certain accident-related expenses regardless of who caused the collision.

Basic Kentucky PIP provides up to $10,000 per person, per accident, for qualifying medical expenses, lost income, and similar out-of-pocket losses. It is generally paid by the insurer covering the vehicle occupied by the injured person. Different rules may apply to pedestrians, motorcycles, people who rejected no-fault coverage, and other unusual circumstances. (insurance.ky.gov)

This means that if an uninsured driver hits you, your available PIP coverage may still help pay initial medical expenses and part of your lost income.

However, PIP does not necessarily compensate you fully. Serious injuries can quickly result in losses exceeding $10,000. PIP also does not provide compensation for pain and suffering.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage—often shown as UM coverage on an insurance declaration page—is designed to protect insured people who are legally entitled to recover damages from an uninsured driver.

Kentucky automobile liability policies generally must include uninsured motorist bodily injury coverage unless the named insured rejects it in writing. Whether you have coverage, and how much is available, depends on your policy and any valid rejection of coverage. (apps.legislature.ky.gov)

A UM claim is made through your own insurance company. Depending on the policy and facts of the case, the coverage may help compensate you for:

Medical expenses
Lost wages
Reduced earning capacity
Physical pain and suffering
Emotional distress
Permanent impairment
Scarring or disfigurement
Other accident-related damages

Your insurer does not automatically pay simply because the other driver lacked insurance. You generally must establish that the uninsured driver was legally responsible and prove the extent of your damages.

What If the Driver Has Insurance but Not Enough?

An underinsured motorist, or UIM, is different from an uninsured motorist. An uninsured driver has no applicable liability insurance. An underinsured driver has coverage, but the available liability limit is insufficient to compensate you fully.

For example, suppose your injuries and losses substantially exceed the at-fault driver’s available policy limits. Underinsured motorist coverage under your policy may provide an additional source of recovery, subject to the terms and limits of that policy.

Do not accept a liability settlement or sign a release without first determining whether underinsured motorist coverage may apply. Resolving the claim incorrectly could affect your ability to pursue additional benefits.

Does Uninsured Motorist Coverage Pay for Vehicle Damage?

Uninsured motorist bodily injury coverage is primarily intended to cover injuries, sickness, disease, or death rather than automatically paying for damage to your vehicle. (apps.legislature.ky.gov)

Collision coverage may pay for repairs or the value of a totaled vehicle, subject to your deductible and policy terms. Other forms of coverage may also apply in limited circumstances.

Review the declarations page and complete policy rather than assuming every loss is covered. An insurance agent can explain available coverage before an accident, while an attorney can help examine coverage issues after a serious collision.

What Happens in a Hit-and-Run Accident?

A hit-and-run collision may also raise uninsured motorist coverage questions. Try to record everything you remember about the fleeing vehicle, including:

Make, model, and color
License plate number or partial number
Direction of travel
Visible damage
Description of the driver
Company logos or markings

Report the incident immediately. Look for nearby homes, businesses, traffic cameras, or doorbell cameras that may have recorded the vehicle. Video can be erased or overwritten quickly, making prompt investigation important.

Never chase a fleeing driver. Remain at the scene, move to safety if possible, and wait for law enforcement.

Will Your Insurance Company Automatically Protect You?

Even though a UM claim involves your own policy, your insurance company may still investigate the claim and challenge responsibility, medical treatment, or the amount you are seeking.

Be careful when giving a recorded statement or signing a broad medical authorization. Do not guess about the accident or minimize your symptoms. Avoid signing a settlement agreement until you understand your diagnosis, expected recovery, and future medical needs.

An early offer may not account for continuing treatment, future lost income, or a permanent injury.

Can You Sue the Uninsured Driver Personally?

You may have the right to bring a claim against the driver who caused the accident. The practical issue is whether that individual has income or assets from which a judgment can be collected.

Identifying all potentially responsible parties is also important. Depending on the circumstances, responsibility could extend beyond the individual driver. An employer, vehicle owner, business, contractor, or another negligent party may share liability.

Because claim deadlines vary, never assume you have unlimited time. Kentucky courts warn that statutes of limitations differ depending on the type of claim, and some personal injury claims may have short filing periods. (apps.legislature.ky.gov)

Speak With a Central Kentucky Personal Injury Attorney

If an uninsured driver injured you, do not assume you must pay every expense yourself. PIP benefits, uninsured motorist coverage, underinsured motorist coverage, collision insurance, or claims against other responsible parties may provide possible sources of recovery.

Mattingly, Simms, Robinson & McCain, PLLC has served the people of Central Kentucky for 50 years. Our attorneys provide compassionate, trusted help to individuals and families facing difficult legal problems.