A car accident is stressful enough, but it becomes even more stressful if you find out that the driver who caused the crash does not have any auto insurance coverage. This discovery immediately puts you in a difficult situation. Do you call your insurance company to file a claim? Do you call a lawyer? Do you try to settle with the driver alone? This post will answer these pertinent questions and describe what to do if you get into a car accident with an uninsured driver.
The first thing you need to do is determine who was at-fault for the accident. Kentucky is an optional no-fault state, which means you can decide what type of auto insurance coverage to purchase. If you choose a no-fault policy, you will be responsible for any damage or injuries from a motor vehicle accident, even if you were not the one who caused the crash.
If you have not already called 911, be sure to file a report about the accident with the police. Even if the accident was not substantial enough for medical evaluation, you should always call 911 to file a report. Insurance companies want to pay as little as possible for claims. A police report makes it more difficult for them to argue who was at-fault in a crash.
Since the driver who hit you does not have insurance, he or she may offer you a cash settlement right on the spot. Deny this offer immediately. Do not even consider accepting. Once you agree, you put yourself in a challenging position if you decide later that you want to sue the driver or proceed with a claim against an insurance policy.
The next step is to file a claim against your insurance policy, specifically the section that covers underinsured and uninsured motorists. Doing so will cover your medical bills and damage to your vehicle up to your coverage limits. Do not have underinsured or uninsured motorist coverage? You can file a claim against the collision portion of your insurance policy. However, filing a claim against the collision portion will not provide you with compensation for medical bills.
You also have the option of filing a lawsuit against the uninsured driver who caused the accident. This solution is a valid option, but it might not be the best course of action. Why? If the driver does not have auto insurance, he or she likely does not have assets to seize if you were to win a lawsuit. No matter your coverage, it is always best to consult with a Kentucky personal injury attorney when involved in an accident with an uninsured driver.
If you suffered an injury in an accident with an uninsured driver, it is in your best interest to speak to an experienced personal injury attorney. Call the Kentucky legal team of Maze Law Offices today to schedule a free consultation. Get the compensation you deserve from uninsured at-fault drivers by employing a team that will work tirelessly in your favor. Remember, we at Maze Law do not charge fees unless we win, so you can guarantee we will do everything in our power to win the case for you.