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Filing a Lawsuit Against an Uninsured Driver

Published on Feb 13, 2024 at 8:11 pm in Car Accidents.

Filing a Lawsuit Against an Uninsured Driver

After a vehicle accident, one of the first steps is to exchange insurance information with the other driver. But what happens when the at-fault driver is uninsured?

Unlike insured drivers, recovering compensation for your medical bills, lost income, and property damage can be difficult. In these situations, you may be able to sue the other driver.

Here is what you need to know to initiate a lawsuit against an uninsured driver in Kentucky.

Accidents With Uninsured Motorists

When you are involved in any type of accident, it can be a frustrating experience. Now, add in the fact that the other driver is uninsured, and that can also lead to more complications.

Kentucky requires drivers to carry liability insurance coverage, but that doesn’t mean everyone will have this coverage. Some drivers will take their chances and hit the roads without the proper insurance policies. Unfortunately, that can make it extremely difficult for victims to recover their losses when they’re involved in an accident with these individuals.

Additionally, Kentucky is a “choice no-fault” state. What does that mean? Drivers are required to carry personal injury protection (PIP) on their insurance policy. They can file a claim through their own insurance when there is an accident. However, there is an option for drivers to request to opt out of this system.

Often, in these cases, you will have to use your own insurance policy to cover the costs of the accident. That means you will have to pay out of pocket for your medical expenses, lost wages, and vehicle repairs.

Uninsured motorist coverage can help in these cases. That insurance will cover your damages and losses. This coverage will not pay out to the driver without the insurance; it only pays for your (or your passengers’) damages and losses. Unfortunately, since it is not a requirement in Kentucky, not all drivers carry this coverage.

At this point, what can you do to get compensation for your damages? You might want to file a lawsuit against the uninsured driver, but there are a few drawbacks to keep in mind.

Should You Sue an Uninsured Driver?

In a typical scenario, when you are involved in an accident, you (or your legal team) will negotiate a settlement through the at-fault driver’s insurance company. But what happens when the person doesn’t have insurance? You may want to file a lawsuit to recover your losses. While you have a right to sue, there are a few drawbacks to this course of action.

No Support from Your Insurance Company

In most cases, with an insured driver, the insurance company will handle the entire process, from the investigation to the claim payout. They will also arrange for vehicle repairs and pay for your injuries. That support is missing when you are involved in an accident with an uninsured driver. If you don’t have a legal team in place, you will have to handle the entire process by yourself.

Uninsured Drivers Have Limited Assets

Unfortunately, when someone doesn’t have insurance, it is often because they don’t have the financial means to pay for the coverage. While you can pursue a lawsuit against the uninsured at-fault driver, they might not have any assets that will cover the full amount of your losses. In these cases, you may have to file another lawsuit to obtain a judgment against them. But once again, if they don’t have the financial means to pay for the damages, it could be a moot point in your case.

Lawsuits Can Be Costly

Court fees, attorney costs, and other legal expenses can add up over time. Sometimes, filing a lawsuit might not be in your best interests, especially if there is a limited chance of recovering any damages. You will also want to consider the time lost in pursuing a lawsuit. You may need to meet with attorneys and attend court hearings for months or years after the accident.

While these may seem like reasons not to file a lawsuit, there are times when legal action is the best course of action for your case. If you have been involved in an accident with an uninsured driver in Kentucky, make sure to book a consultation. During this time, you can determine whether a lawsuit is the best option for your case.

While it’s possible to sue an uninsured driver in Kentucky, you will want to understand the potential drawbacks. Always consult a legal professional to understand your rights and options in these situations.

Learn More About Your Legal Options

Whether you have been involved in an accident with an insured, underinsured, or uninsured driver in Lexington or the surrounding areas, you will want to find out more about your legal options.

At the Golden Law Office, we can help you understand your rights so you can take the next step in your case. We offer a free initial consultation. If you would like to speak to one of our highly skilled personal injury attorneys, reach out to our office today.

Golden Law is a local, Kentucky Law Firm, attorneys/lawyers in Fayette County, Kentucky, working in the fields of personal injury, auto accidents, car and truck wrecks; medical malpractice: doctors, hospitals & nursing homes; senior living abuse: neglect, physical abuse, emotional abuse, dehydration, bedsores, catastrophic injuries, and broken bones. If you are considering a lawsuit, call us at 859.469.5000 for a free consultation. We are located at 771 Corporate Dr. Suite 800/ Lexington, Kentucky 40503. We handle cases all over the Commonwealth of Kentucky. We have represented and trained people in major insurance companies & major trucking companies. We have first hand experience and know the ‘inside of the insurance business’ … that’s a distinction that no other law firm can make. We’re Your Advocate. Dale Golden, Laraclay Parker.

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