Kentucky Auto Accident Lawyers Help Clients Injured by Uninsured or Underinsured Drivers
Our attorneys protect your interests when an uninsured driver causes you injury or damages your property
Financial responsibility, in the form of bodily injury and property damage insurance, is required of all motor vehicle owners in Kentucky. The law forbids an uninsured vehicle to be operated on the state’s highways. If you are injured in an auto accident and the other driver is uninsured, you should consult an experienced Kentucky auto accident attorney as soon as possible. Kentucky’s automobile insurance regulations can be complex and the type of action (if any) which may be taken to recover damages from an uninsured driver are best discussed with a lawyer who has experience in bodily injury and property damage coverage.
What are some features of Kentucky’s automobile insurance law?
The minimum legal coverage in Kentucky is:
- $25,000 for bodily injury, per person
- $50,000 for total bodily injury, per accident
- $10,000 for property damage
There are insurance options that may save money but may also limit one’s ability to recover damages directly from another driver.
Kentucky is a “choice no-fault state.” In a no-fault insurance system, drivers turn to their own insurer to compensate them for injury and property damage, regardless of who is at fault. Under no-fault regulations, they may not be able to file a personal injury claim after an accident, unless their injuries or losses exceed a defined dollar threshold. While Kentucky insurance is nominally no-fault, insurance buyers reject no-fault when they first purchase a policy and choose traditional tort-based coverage instead. This choice may provide more options for them.
What does “tort-based coverage” mean?
The word “tort” is French for “wrong.” A tort is a negligent act that causes another person’s loss, a civil wrongdoing as opposed to a criminal wrongdoing. Under the common law, a person who was injured because of someone’s wrongdoing could sue that individual (called a “tortfeasor”) for the losses caused by his or her negligent actions. Kentucky coverage is normally no-fault, but car insurance buyers may reject no-fault in favor of traditional tort-based coverage when they first purchase their policies.
Kentucky is also a pure comparative negligence state. If the plaintiff in a negligence suit is at fault, his/her damages are reduced in proportion to his/her own percentage of fault attributable to the cause of the accident. Considering these kinds of complexities, representation by an experienced Kentucky auto accident attorney seems a sound choice.
How can insured drivers protect themselves against loss or injury caused by uninsured drivers?
If you are involved in a crash with an uninsured driver, you may not, as a practical matter, be able to recover anything from them in a lawsuit. According to 2011 data compiled by the researchers at the Insurance Research Council, one in seven drivers on the road does not have insurance. This is why, in both no-fault and traditional tort-based insurance systems, policyholders are encouraged to purchase uninsured motorist coverage to avoid being uncompensated for their losses. Uninsured motorist coverage is available as a rider to one’s policy for that purpose. In addition, Personal Injury Protection (PIP) is usually available in no-fault states to cover medical expenses and, in some cases, lost wages. PIP is designed to be paid without regard to legal liability.
An auto accident attorney from Crandall & Pera Law can help
If you or a loved one is injured by an uninsured or underinsured driver, you should seek the guidance of an experienced Kentucky auto accident attorney from Crandall & Pera Law’s uninsured/underinsured accident team. They are familiar with all aspects of Kentucky vehicular laws, and can represent you aggressively to help you obtain the compensation your loss warrants.
Please call us at 877-686-8879 or fill out our contact form to schedule a free, no-obligation consultation with a qualified Kentucky auto crash attorney. Crandall & Pera Law has offices conveniently located in Lexington and Louisville.