If you’re like most people following an auto accident, you expect the other driver to present their liability insurance information. Unfortunately, many motorists fail to carry auto insurance. While liability insurance is mandatory for Kentucky drivers, Kentucky Forward reports that nearly 16% of motorists within the Commonwealth are uninsured.
If the at-fault driver in your accident lacks liability insurance, your path to obtaining compensation for your injuries could become more challenging. That does not mean you are out of options. Between pursuing legal action directly against the driver or potentially filing a claim with your insurance provider, a Louisville uninsured car accident lawyer could help you obtain the compensation you need.
If you are ready to pursue a monetary award related to your accident with an uninsured driver, you could contact Ben Crump Law, PLLC, today. Our team of attorneys can advise you of your options and assist with your case. Call (800) 598-7557 to schedule a free consultation with a team member today.
Understanding Insurance Laws in Louisville
Every state requires motorists to take financial responsibility for the accidents they cause, and Kentucky is no different. The Kentucky Transportation Cabinet outlines the minimum required levels of liability insurance for every driver.
Liability insurance does not provide compensation for the policyholder after an accident. Instead, these policies protect the insured driver from third-party liability claims when they cause a motor vehicle accident. If a negligent driver hits you, you can file a claim against their liability policy for compensation.
Under state law, every policy must carry at least $25,000 in coverage for each person injured in the accident. Likewise, the total limits for all bodily injury claims from a single accident must be at least $50,000. For property damage, liability policies must cover at least $10,000.
Additionally, motorists must carry at least $10,000 in personal injury protection (PIP) coverage. Kentucky is a “no fault” state, meaning that injured victims must turn to their insurance to compensate them for medical bills following an accident. Unlike liability coverage, PIP pays for the insured driver’s losses in the accident.
It is worth noting that many Louisville motorists opt for much higher limits than the state minimums. Given the cost of treating an injury or repairing a car, these minimums are often insufficient. When drivers face a liability claim greater than their policy’s coverage, they are personally responsible for the remainder.
For a free legal consultation with a uninsured car accidents lawyer serving Louisville, call 800-598-7557
Uninsured Motorist Coverage
There is another type of coverage that can play a significant role in car crashes known as uninsured motorist (UIM) coverage. UIM policies differ from liability coverage in that they pay benefits to the policyholder following a claim.
UIM policies cover both uninsured and underinsured drivers. An uninsured driver is a person who does not carry liability insurance because they allowed their policy to lapse or violated their policy terms, like driving without a valid license. Either way, they have no liability coverage to protect them from third-party claims.
Underinsured motorists have liability coverage. Unfortunately, they lack enough coverage to pay for the full amount of the claims against them. For example, a driver with $50,000 in bodily injury coverage who faces a claim for $90,000 in medical bills following an accident is underinsured.
State law does not require drivers to carry UIM policies. Insurers that offer these policies must make them available independent of liability policies. While UIM coverage protects motorists in collisions with uninsured drivers, many people waive this type of coverage because they don’t want to pay the higher premiums you can expect with a UIM policy.
In some ways, IUM policies are broader than most auto claims. Typically, a UIM policy’s language covers not only the policyholder but also members of their household. What’s more, these policies might not just cover accidents when the insured drove their car. Some policies offer coverage when the uninsured or underinsured driver struck the insured person while jogging or crossing the street.
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Important Deadlines and Requirements
Like all legal cases, you must comply with important deadlines to sue another driver following a vehicle accident. First and foremost, you cannot bring a lawsuit under Kentucky’s “no fault” laws unless you suffer at least $1,000 worth of medical bills from the crash.
Additionally, you must report your accident to the Kentucky State Police right away. The law requires that you file a written accident report within 10 days of a collision if your vehicle’s damage exceeds $500 or the crash caused an injury or death.
Finally, you must comply with the statute of limitations for car accident lawsuits. This statute is the formal deadline you must meet to bring a legal claim. If the statute of limitations expires before you file your claim, the court has the power to dismiss your case with prejudice. In Louisville, you have two years from the accident date to file a personal injury lawsuit per KRS § 304.39-230(6).
A Louisville uninsured car accident lawyer will need time to investigate your claim, evaluate the strength of your case, and address the complexities of the “no fault” insurance system. Because of these factors, you might want to seek legal counsel as soon as possible. The attorneys at Ben Crump Law, PLLC, look forward to discussing your claim and lending our experience to your efforts. Call today for a free case review with a team member.
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You Could Recover a Monetary Award from an Uninsured Driver
An accident with an uninsured driver does not guarantee you will find yourself saddled with exorbitant medical bills. You have options under both UIM and PIP policies to seek compensation for your injuries. What’s more, you could also pursue legal action against the other driver with the help of a Louisville uninsured car accident lawyer. You can contact the team at Ben Crump Law, PLLC, to assist you throughout the process. Call (800) 598-7557 today to schedule your free consultation with our team.
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