Uninsured & Underinsured Motorists Claims
The first question many people ask after they are involved in a car accident is “Are you insured?” This is obviously an important question, since a person who was not at fault in a car accident, but who suffered injuries, needs to know if they will be able to recover damages from the responsible person. A common misunderstanding in situations where a driver has no insurance, or not enough insurance to cover the damages, is that the injured person has no other avenues for recovery. In fact, people who have suffered injuries in a car accident with an uninsured or underinsured driver may still be able to obtain compensation from their own insurer. If you have been involved in such an accident in Kentucky or Indiana, you should consult with a Louisville car accident attorney who can advise you of your rights and help you obtain compensation for your damages.Required Auto Insurance Coverage
State law generally requires drivers to maintain auto insurance, including liability coverage in case of an accident. Kentucky law, for example, requires a minimum of $25,000 in coverage per person and $50,000 per occurrence. This means that, if the insured is at fault in an accident, their insurer will pay up to $25,000 for each injured person, up to a total amount of $50,000. If a person suffers injuries costing more than $25,000, they may not be able to recover more than that amount from someone carrying the minimum amount of coverage. The responsible person in this situation is known as an “underinsured motorist” (UIM). While it is possible to recover damages over the amount covered by insurance from a UIM, few people have the resources available to pay such an amount. The same applies to a driver who has no auto insurance at all, known as an “uninsured motorist” (UM).Uninsured and Underinsured Motorist Claims
In order to help people injured in car accidents quickly assert claims for damages, many states, including Indiana and Kentucky, require insurance companies to provide coverage for accidents involving UMs and UIMs. If a person cannot recover the full amount of their damages from a UM or UIM, they may be able to get their own insurance company to “step into the shoes” of the driver who caused the accident. This applies to drivers and passengers in other vehicles, pedestrians, and cyclists who are injured by a UM or UIM. If you do not have an auto policy that provides UM or UIM coverage, we will look for other avenues of recovery for you, such as a family member’s insurance.
In order to collect on a UM or UIM claim, the injured person must be able to establish the following:
- The UM or UIM was at fault in the accident;
- The injured person’s damages exceed the coverage limits of the UIM’s policy, if applicable; and
- The injured person has already recovered the maximum amount from the UIM’s insurer.
Victims who have suffered injuries due to an accident involving an uninsured or underinsured driver need the assistance of an experienced Kentucky personal injury lawyer. The attorneys at Miller & Falkner have assisted clients in Kentucky and Indiana with their car accident claims for the past decade. Contact us today online or at (502) 583-2300 to schedule a free and confidential consultation with a member of our legal team.