Kentucky law requires that all drivers have car insurance. This ensures the costs for damages and injuries are covered. The minimum coverage required includes $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage. It is important because it helps protect everyone on the road from financial loss due to accidents. Without insurance, drivers might be unable to pay for the damages they cause, leaving victims to cover the costs themselves.
Filing collision claims: Insured vs. Uninsured drivers
When you’re in an accident with an insured driver, you can file a claim with their insurance company to cover the damages. This process involves contacting the insurance company, providing details about the accident and getting an estimate for repairs. The insurance company will then pay for the damages up to the policy limits.
However, if the other driver is uninsured, the process is different. You must file a claim with your insurance company under uninsured motorist coverage. While all drivers must carry minimum liability insurance, coverage for uninsured and underinsured motorists (UM/UIM) is not mandatory. Still, insurance companies are required to offer it, and drivers must actively opt out in writing to decline it, essentially making it strongly recommended to purchase UM/UIM coverage
This coverage protects you when the at-fault driver doesn’t have insurance. It can cover medical expenses, vehicle repairs and other costs related to the accident.
Holding the uninsured driver accountable
Even if the other driver doesn’t have insurance, you may still take steps to hold them accountable and get compensation for your injuries, lost income, and pain and suffering:
- You should report the accident to the police and get a copy of the police report. This report can be crucial evidence if you need to take legal action.
- File a claim with your own insurance company under your uninsured motorist coverage. This will help cover your immediate expenses.
- If your damages exceed the limits of your coverage or you still want to hold them accountable, victims can file a personal injury lawsuit with the help of an attorney against the uninsured driver. While this can be a lengthy process, it can help you recover additional compensation for your losses.
- If the uninsured driver doesn’t have enough assets to pay for your damages, even if you win the lawsuit, legal action can still be worthwhile. It can result in a judgment against the driver, which might be collectible if their financial situation improves.
By understanding your insurance coverage and options, you can better navigate the challenges of dealing with an uninsured driver and ensure you get the compensation you deserve.
