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What happens when the at-fault driver cannot afford your damages?

On Behalf of | Jul 16, 2022 | Car Accidents/MVA |

hands over paper family representing insurance coverage

In nearly every state, the law requires all drivers to have third-party liability insurance. Unfortunately, not everyone abides by this law.

Uninsured/underinsured motorist (UI/UIM) coverage can protect you when an at-fault driver does not have enough coverage. This coverage is usually used to pay for any medical bills or property damage you incurred as a result of a car accident.

Taking the risk

At a minimum, Kentucky drivers must have a 25/50/25 liability policy. However, according to the Insurance Information Institute, Kentucky has an estimated 13.9% uninsured motorists. Unless you have car insurance that covers your own injuries and property, you may not get reimbursed if you get hit by an uninsured driver.

Getting coverage

UI/UIM coverage protects you in instances where the at-fault driver’s insurance is nonexistent or too low to cover your damages. For example, if your total damages are $30,000 but the at-fault driver only carries the minimum $25,000 policy, you can still get the additional $5,000 without having to take the driver to court. You would file a claim with your own insurer. This type of insurance also covers you in the event of a hit-and-run.

Suing the at-fault driver

Without UI/UIM insurance, you may have to file a personal injury lawsuit to cover injuries, rehabilitation, property damage and lost wages. Taking someone to court, however, is often an extensive process. You will have to build your case using evidence. This evidence can include police reports, photography, witness testimony and medical records. This could prove difficult if you were the victim of a hit-and-run.

When you are a victim of a car accident, having uninsured/underinsured motorist coverage can ensure you are always financially protected no matter who hits you.


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