Louisville Attorneys Manage Accident Cases Involving Uninsured or Underinsured Motorists
Helping victims get fair compensation when scofflaw drivers cause harm
Kentucky law requires drivers to carry liability insurance as well as personal injury protection. However, the insurance industry estimates that about 12 percent of drivers across the country, and 15.8 percent of drivers in Kentucky, do not carry liability insurance. That means you have a greater than one-in-seven chance that the person who hit you is not insured. If you have a serious injury accident, it’s also likely your claim will exceed the at-fault driver’s policy limits. Getting full, fair compensation under these circumstances can be a complex and time-consuming struggle. Fortunately, at the Schuler Law Office, we have managed a substantial number of such cases. We draw on more than 25 years of combined legal experience to pursue the best results possible following your accident.
Mandatory insurance in the Commonwealth of Kentucky
Kentucky law sets mandatory minimums for insurance coverage as follows:
- $25,000 liability for injuries to each person involved in a single accident
- $50,000 total liability, for all injuries resulting from a single accident
- $10,000 per occurrence for property damage resulting from an accident
- $10,000 in personal injury protection (PIP) of the policyholder
If a driver has no insurance or only the bare minimum, you must pursue other options to recover damages.
Options for compensation in an uninsured driver accident
If you are injured by an uninsured driver in Kentucky, there are several steps you can take to try to recover for your losses:
- File a claim under your own PIP coverage — This should be good for up to $10,000 worth of medical bills, lost wages, and other economic losses related to your auto accident.
- File a claim under your own uninsured/underinsured motorist coverage — This is additional insurance that’s not mandated by law, but we strongly recommend you carry it for better coverage.
- Sue the at-fault driver — A personal injury lawsuit against the at-fault driver is your right, but first you must find out whether the driver has sufficient assets to pay a judgment. Many uninsured drivers are uninsured because they can’t afford the premiums; they won’t be able to pay you even if you win. Other uninsured drivers are simply uninsurable, often because of DUI convictions, poor driving records, and suspended or revoked licenses. These individuals may have assets, such as a home, business, or savings, which you can attach after you win a judgment. Lawsuits are expensive, so an attorney wants to know it’s possible to collect on a judgment once the case is won.
- Find someone else to sue — Accidents that occur at unusually dangerous intersections or poorly maintained roads raise the question of whether the government entity in charge could also be at fault. Investigations into the accident scene can reveal evidence of faulty road design, inadequate sightlines, poorly graded roads, inadequate lighting, and other safety hazards for which a government entity could be liable.
The combination of medical bills and lost income that results from an accident can very quickly exhaust your savings and plunge you into debt. To prevent such severe financial hardship, you need knowledgeable and aggressive legal representation.
Contact an accomplished Louisville attorney for your auto accident case
The Schuler Law Office provides highly effective representation for uninsured/underinsured driver accident cases throughout Kentucky and Indiana. We understand the additional stress these cases cause, and work diligently to produce the best results possible. To arrange a free consultation at our Louisville office, contact us online or call us at 502-568-9000.