If you or a loved one were injured by an uninsured driver in the state of Kentucky contact an attorney before doing anything else to protect your rights. Additionally, there are various steps that you can take to ensure that you receive proper compensation following your accident regardless of whether or not the driver has insurance. At GSAS, we are dedicated personal injury attorneys with experience in uninsured accidents. We can help make sure that you take the right steps following your accident to avoid being taken advantage of.
How Common Are Uninsured Motorists?
Although all drivers are required to have insurance in order to operate the vehicle, a surprising percentage of them do not.In fact, an average of 12% of motorists on the road are not insured. And while the driver may be aware of this, they do not think that they need it or feel that they can risk operating their vehicle without it.
This can be a grave mistake. Uninsured driving can come at a great cost to the driver and any parties that may have been injured by an uninsured driver. Luckily, GSAS can help. Our team of knowledgeable and professional attorney’s are experienced in navigating the laws around uninsured drivers. If you’ve been injured by an uninsured driver you are not alone. Keep reading to find out what laws are in place to protect you and what you can do to ensure you receive appropriate compensation for your loss.
Are There Uninsured Driver Laws?
As we’ve mentioned before, it is illegal to operate a motor vehicle without insurance in the state of Kentucky. A vehicle owner who does not maintain their insurance is subject to a fine between $500 to $1,000, 90 days in jail, or both.
All vehicle owners are required to carry at least minimum liability coverage which covers up to $25,000 for all claims of bodily injuries obtained by one person and no less than $50,000 for all injuries obtained by all persons. Minimum liability coverage will also cover up to $25,000 for property damage as a result of an accident.
Are There Uninsured Motorist Laws?
Under Kentucky state law, uninsured motorists are subject to the penalties laid out above. While there is uninsured motorist coverage it is not a requirement. Instead, Kentucky has a series of statutes that outline what happens when a motorist is underinsured. Here, underinsured is not having insurance but not having enough insurance to settle a claim. Essentially,
- If another party is underinsured or has no insurance, you can make a deal with your own insurance company to cover your claims.
- If the injured party attempts to recover funds from another (insured) party, the uninsured party’s insurance company will have 30 days to consent.
- After an accident, some insurance companies offer to pay for both the hurt person and the car that hit him. Sometimes the insurance company of the driver who hit the hurt person doesn’t agree to pay. If that happens, the first insurance company may keep paying for the hurt person until he is well. If this happens, after the hurt person recovers, he will ask for money from both insurance companies, and whichever one offered to pay less will have to pay the rest.
- If an accident was caused by a driver who had only the required insurance, then the driver’s insurance company should still pay for losses that exceed the limits of the policy. The amount of money an injured person receives shouldn’t be affected just because they have more than the required amount of insurance.
What to Do After Being Hit by an Uninsured Driver
If you’ve been hit by an uninsured driver don’t panic, instead, follow these steps to ensure that you are protected.
1. Call 911
Whether or not both parties have insurance, it is always a good idea to call the police after experiencing an accident. The police will take a report and make a note that the other driver does not have insurance. This report can be useful down the line when filing your claims.
2. Swap Information with the Other Driver
Share your information with the other driver and ask them to do the same. If there were any witnesses to the accident be sure to ask them for their information as well. You can use their accounts during the claim process.
You may be offered money by the uninsured driver to cover the accident. However, if you have yet to inspect the car by a reputable person or haven’t been to the doctors yet do not accept it. You could end up out more money than you realize.
3. Take Notes
Write down the make and model of the vehicle that hit you in addition to any information another driver provides the time of the accident, and the location of the accident. When the a police officer arrives and takes down his name and badge number.
4. Take Pictures
Pictures can greatly benefit you down the line so be sure to document everything that you can.
Is Suing an Uninsured Motorist the Best Option?
Suing an uninsured motorist is often counterproductive and not usually recommended. Why? Primarily, because you may be caught up in a long legal battle and even after you win, the uninsured may not have the ability to fully pay you. When in doubt, always contact an attorney to walk you through your available options and determine which is the best for you.
Hurt from an Uninsured Motorist/ Driver Accident? Call GSAS
If you’ve been hurt from an uninsured driver you may realize that things become pretty chaotic pretty quickly. That’s where an Accident Attorney from Spivak & Sakellariou comes in. We have your best interests at heart and are focused on getting you the results you rightly deserve. We’ve negotiated hundreds of settlements for our clients and have a proven track record of results and satisfied clients.
