One common misunderstanding of those injured in a car accident by an at-fault driver with little or no insurance is that they have no other avenues for recovery. If you have been involved in a car accident in Kentucky or Indiana and the at-fault driver did not have valid insurance, or had too little insurance to cover your damages, you may still have a case.

If you are hit by a driver with no insurance, you will have a claim against your own insurance company if you have an uninsured motorist policy. Your insurance company will "step into the shoes" of the driver that caused the motor vehicle collision and pay on your claim. If you have been involved in a car accident and the other driver had minimal insurance coverage ($25,000 per person / $50,000 per occurrence is the minimum coverage in Kentucky), you may have an underinsured motorist claim.

Similarly, if you are a pedestrian or bike rider that was hit by a uninsured or underinsured motorist in Kentucky or Indiana, you also still have a case as your uninsured or underinsured motorist coverage will still work for you. Also, if you do not have an auto insurance policy, our firm will look for other avenues of recovery for your damages such as a household family member's insurance policy, if one is available.

Before an injured party can collect underinsured or uninsured motorist benefits, they must usually first establish that the underinsured or uninsured driver was at fault and that they have suffered damages that exceed any liability policy available. Collection of the at-fault driver's policy limits must be done before underinsured coverage will apply to cover remaining damages. In some states you can "stack" uninsured and underinsured motorist policies depending on the terms of the policies. This may allow an injured person to add together either insurance coverage from to provide for a larger amount of recovery.

A personal injury attorney from Miller and Falkner can help you understand your car insurance policy and determine if you have either an uninsured motorist or underinsured motorist claim. Our firm will then work on your behalf to settle your claim with your insurance company to get the most money we can for you. Because all insurance policies can be written differently, you should consult with a personal injury attorney from Miller and Falkner before you settle any portion of your claim in order to avoid any potentially costly mistakes.

If you believe that you have an uninsured or underinsured motorist claim, please contact a personal injury attorney at Miller and Falkner for a free consultation.