What to Do if the At-Fault Driver is Uninsured or Underinsured

The average cost of a Kentucky emergency room visit is $1,400. Combine that with a $1,000 ambulance ride, and Louisville car accident victims have sustained $2,500 in damages before they even get home. If your injuries require emergency surgery, follow-up visits, and rehabilitation, medical expenses begin to add up quickly.

Car insurance is expensive, and many drivers only carry the state minimum of $25,000 in bodily injury coverage, also known as “liability” coverage. It does not matter if you sustained $500,000 in damages. Once that $25,000 limit is reached, liability insurers are freed from any future financial obligations. So, what should you do if the at-fault driver doesn’t have enough insurance to cover your damages? Connect with an experienced Louisville car accident attorney at Wilt Injury Lawyers to discuss your financial recovery options by contacting us today.

Filing an Uninsured Motorist (UM) Claim in Kentucky

Uninsured (UM) or underinsured motorist (UIM) coverage is optional car insurance in Kentucky. Vehicle owners can add UM and UIM coverage to their insurance policies when selecting a plan, but Kentucky does not require drivers to carry UM or UIM insurance. An attorney can help you check your policy documents for this coverage.

Car crash victims with uninsured and underinsured motorist coverage can generally file a claim in the following cases:

• Exhaustion: You’ve used the other driver’s liability insurance and have additional damages. This is an underinsured motorist claim.
• Hit-and-Run: The driver fled the accident scene and has not been located after a reasonable investigation.
• Uninsured: The driver did not have a valid car insurance policy. This includes cases where the policy expired, the policy was canceled due to non-payment, or the driver was from a state that did not have minimum insurance requirements.
• Unlawful Operation/Theft: The liable driver operated the vehicle without the owner’s knowledge and permission, leading to policy exclusions.

You must exhaust all other insurance options before drawing from your uninsured or underinsured motorist policy. A Louisville car accident attorney can help you request necessary documentation, such as the police report or insurance declarations, to help you claim UM or UIM benefits.

Obtaining Car Accident Compensation from Liable Third Parties

Because uninsured and underinsured motorist coverage generally mirrors liability limits, claimants with severe injuries may need additional compensation. Suppose you suffered from a traumatic brain injury, spinal cord damage, compound fracture, burns, or other injury preventing you from working. In that case, a personal injury lawyer might help you obtain damages from other liable parties.

Sometimes, you might need to sue the negligent driver or vehicle owner directly. Liable individuals may offer a settlement to the injured victim to avoid bankruptcy or lengthy litigation. Under vicarious liability principles, an experienced attorney might also sue a corporate vehicle owner, such as a city or trucking company. Many large corporations have special umbrella insurance policies to protect them in such cases.

Don’t Give Up: Contact Our Louisville Personal Injury Team Today 

A state minimum insurance policy is rarely enough to compensate you for serious car accident injuries. In such cases, the dedicated Louisville car crash attorneys at Wilt Injury Lawyers can analyze your case’s facts, including available uninsured/underinsured motorist coverage, to determine alternative means of compensation. Schedule a free case evaluation today.