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Hit by an Uninsured/Under-Insured Motorist:
What to Do Next 

The Law Office of Kyle S. Hall Sept. 19, 2022

Female hit by a carBeing involved in an auto accident can be overwhelming and can result in injuries, hospitalization, or missed time at work. Among the options to recover damages for your auto accident injuries or losses in Kentucky is by filing a personal injury claim against the at-fault driver’s insurance provider.

However, seeking compensation can become complicated if the at-fault driver is underinsured or doesn't even have auto insurance at all. When hit by an uninsured or under-insured motorist, it’s important that you reach out to an experienced Kentucky personal injury attorney 

At The Law Office of Kyle S. Hall, I'm ready to guide, support, and represent clients in their auto accident claims. As your legal counsel, I can review all of the facts of your case and explore your options to recover damages from the uninsured motorist. I will fight compassionately for your legal rights, help you hold the responsible party liable, and attempt to recover the maximum possible compensation for your losses.  

My firm is proud to serve clients across Kentucky, including Hazard, Letcher, Leslie, Knott, and Perry Counties. Set up a one-on-one consultation today.   

Required Insurance Coverage in Kentucky 

In the Commonwealth of Kentucky, all motorists are required to carry auto insurance with the following minimum liability coverage: 

  • $25,000 for bodily injury per person in a single accident 

  • $50,000 for bodily injury to two or more persons in a single accident 

  • $10,000 for property damage in a single accident 

  • Personal Injury Protection (PIP) coverage: $10,000 per accident 

  • Uninsured Motorist Coverage: $25,000 per person and $50,000 per accident 

An experienced attorney can help you understand how liability works in Kentucky and explore your options to seek damages. 

Understanding Liability in Kentucky      

Additionally, Kentucky is a "choice no-fault" state. Under the no-fault system, the accident victim will turn to their insurance carrier (PIP policy) to seek compensation for medical expenses and other financial losses suffered from the incident, regardless of the at-fault driver.  

Due to this, motorists across the state are obligated to carry an auto insurance policy, referred to as Personal Injury Protection (PIP) coverage. The PIP benefits pay up to $10,000 for medical bills, lost wages, as well as other "out-of-pocket" expenses resulting from the traffic crash. 

Options for Filing a Claim  

Since Kentucky is a choice no-fault state, the injured party may be eligible to "opt out" of the no-fault car insurance system and file a lawsuit against the at-fault party. Opting out of the no-fault system allows you to seek liability claims or personal injury lawsuits against the at-fault party. To opt out, you must complete and file the Kentucky No-Fault Rejection Form with the state's Department of Insurance. 

No-Fault Thresholds in Kentucky 

Conversely, if you decide to go through with no-fault coverage, you may still be entitled to pursue a liability claim or lawsuit against the at-fault driver if your injuries meet the state's no-fault thresholds. To be exempt from Kentucky's no-fault rules: 

  • The accident resulted in over $1,000 in medical expenses 

  • You experienced any of the following: permanent disfigurement, permanent injury, permanent loss of body function, fracture of a weight-bearing bone, or compressed, compound, or displaced fracture 

A skilled Kentucky car accident attorney can evaluate the magnitude of your injuries and losses and determine the best way to recover damages from the uninsured or underinsured at-fault driver.  

Uninsured or Underinsured Motorist Provision 

Uninsured motorist coverage isn't among the required insurance policies in the Commonwealth of Kentucky. Regardless, insurance providers across the state may still offer interested motorists at least $25,000 in uninsured motorist coverage for bodily injury per person or up to $50,000 per accident. 

In the event that an at-fault driver has insufficient coverage or low insurance limits and the accident victim suffered significant injuries or damages, the uninsured motorist coverage can help cover the accident-related expenses, including medical costs and lost income. An experienced auto accident attorney can enlighten you about the next steps to take when you're hit by an uninsured motorist. 

Steps to Take if You Were Hit by an Uninsured/Under-Insured Motorist 

If you were involved in an accident caused by an uninsured or under-insured motorist, you should take the following steps whenever possible: 

  • Remain calm and get to safety. 

  • Get immediate medical treatment for your injuries. 

  • Call the police to report the incident. Kentucky law requires you to report any traffic crash involving injuries, death, or property damage of over $500. 

  • Obtain and document the relevant information about the other driver, such as the driver's name, address, phone number, vehicle registration number, license number, and insurance information (if available). 

  • Document the police report, witness testimonies, accident scene pictures, medical records, and your personal account of the incident. 

  • Inform your insurance carrier about the incident. 

  • Hire an attorney to help you file an uninsured driver's claim with your own insurance carrier and help negotiate fair financial compensation for your injuries. 

How The Law Office of Kyle S. Hall Can Help  

Getting injured in an accident caused by a negligent party can be a difficult and unsettling experience. However, you don't have to suffer the pain and financial liability alone. At The Law Office of Kyle S. Hall, I have the diligence and resources to advocate for your best interests and represent you in your personal injury case. Using my extensive understanding of Kentucky laws addressing liability in auto accident cases involving uninsured or under-insured motorists, I can guide you through the often-complex claims process.  

Contact my firm—The Law Office of Kyle S. Hall—today to schedule a simple case assessment with a skilled car accident attorney. I can offer you the personalized legal guidance, support, and dependable representation you need in order to move forward. My firm is proud to serve clients across Hazard, Kentucky, as well as Letcher, Leslie, Knott, and Perry Counties.