Driving a car is inherently dangerous, even for the most careful drivers. When an accident occurs drivers will generally exchange contact and insurance information. But what happens if the negligent driver does not have insurance? If you are struck by an uninsured driver there are a few legal options you can take to pursue compensation. Speak with a Pike County, KY car accident lawyer to discuss whether or not you can sue an uninsured driver and learn about your legal rights and options.
Is Auto Insurance Legally Required in Kentucky?
A driver is not allowed to operate a motor vehicle in Kentucky until they have obtained insurance. It is crucial to have auto insurance because accidents are unfortunately bound to happen. If you crash and are found liable for the accident you may be responsible for tens of thousands of dollars in compensation. Without insurance, you could find yourself in debt from these costs.
Kentucky implements the following mandatory minimum insurance coverages for all drivers.
- Bodily injury per person: $25,000
- Bodily injury per accident: $50,000
- Property damage: $25,000
- PIP (Personal Injury Protection): $10,000
Driving without at least the above coverages puts you at risk of fines or losing your registration.
How Can I Receive Compensation After an Accident With an Uninsured Driver?
There are several options for receiving compensation after being involved in an accident with an uninsured driver. The most reliable way to ensure you are awarded damages is by having uninsured motorist coverage (UMC).
Uninsured motorist coverage is a policy add-on that provides drivers with protection in case they are hit by a driver who does not carry insurance. With this coverage, you can file a claim with your own insurance company and receive compensation for your medical expenses and other compensatory damages.
All insurance companies are required to offer UMC with their policies and it is highly recommended that drivers opt in. If an individual does not want to pay for uninsured motorist coverage they must waive that option in writing.
Can I Sue an Uninsured Driver After an Accident?
If you did not opt into uninsured motorist coverage then you cannot seek compensation for certain costs through your own insurance provider. Additionally, depending on the extent of your injuries, your medical and other expenses may be significant and exceed the amount of UMC available to you. In either of these cases, you can file a personal injury lawsuit against the uninsured driver.
If you are planning on filing a lawsuit against the driver you must have proof that they were liable for the accident and directly caused your injuries. Unfortunately, suing an uninsured motorist is not always a good idea. You will spend time and money pursuing legal action and even if your case is successful you may not receive compensation. Depending on the driver’s financial situation they may be unable to pay you out of pocket even if you win the lawsuit. It can be difficult to enforce damages when the defendant is unable to pay.
Contact an experienced attorney for specific information and advice during your case.
