The state of Kentucky has "no fault" insurance laws for vehicular insurance. This form of insurance offers both benefits and some drawbacks to citizens of the state.
Under law, all individuals who operate motor vehicles in the state of Kentucky should carry no fault insurance on their vehicles. The bare minimum coverage would include a personal injury protection policy that covers the person who carries the policy. The state also provides limits on when a lawsuit is an option. The victim of an accident can only sue the other party if the damages are over $1,000 or death resulted from the crash.
If your medical expenses are still accruing, other conditions where a lawsuit is permissible against the other driver include broken bones, permanent disfigurement or any other form or permanent injury, such as brain damage.
What is uninsured motorist coverage?
In theory, in no fault states, your personal automotive insurance policy will cover your injuries and damages to your vehicle. Your insurer may delay or limit payments while they assess the accident and possibly go after the other party's insurance carrier to cover the loss. If the other driver did not carry insurance and was driving anyway, he or she was breaking the law.
Additionally, his or her lack of insurance could impact what is covered from your accident. Even if injuries seem minor at first, they could develop into something more serious, such as nerve damage.
Paying extra on your insurance policy for uninsured motorist coverage may seem unfair. Why should you have to bear the burden of someone else's negligence and illegal actions? The answer is that you will be bearing that burden anyway if you experience an accident with someone who doesn't carry proper motor vehicle insurance. Paying for uninsured motorist coverage is a good way to protect yourself and your family against the potential devastation of an accident with an uninsured driver.
An attorney can help you after an accident with an uninsured driver
If you have already been in an accident with an uninsured motorist, you already know about the additional issues his or her lack of insurance can cause. You need to speak with an experienced personal injury attorney as soon as possible. He or she can help you determine what your next step should be. In some cases, that could include pursuing legal action against the other driver. As noted above, while there are limits to lawsuits in accidents, if there was a serious injury, you may be able to file a lawsuit and recover your medical expenses and damages from the uninsured party.