What Happens If the Person at Fault in an Accident Has No Insurance in Kentucky?

Kentucky is a "choice no-fault" state, where the law requires each driver to file claims with their respective insurance providers, regardless of who is at fault (KRS § 304.39-060). An at-fault driver may only pay claims if the other party suffers damages that exceed specific thresholds. Drivers in Kentucky are required to have personal injury protection (PIP) coverage, which is used to cover medical costs and lost wages. Driving without insurance is categorized under Kentucky traffic violations and infractions, and it can result in penalties such as license suspension, fines, and vehicle registration revocation, in addition to increased civil liability following an accident.

Is It Illegal To Drive Without Insurance In Kentucky?

Under Kentucky law, no person may operate a motor vehicle until they have obtained insurance. Vehicle operators in the state are required to have proof of insurance at all times while operating the vehicle within the state, which they must be able to present to law enforcement officers upon request; failure to do so may result in the following penalties:

• Revocation of vehicle registration
• Fines ranging between $500 and $1000
• Up to 90 days in jail
• Jail and monetary fine
• A fee of $40 for reinstatement of revoked registration

What Is the Minimum Insurance Requirement in Kentucky?

Per KRS 304.39-110, Kentucky has a liability coverage policy that requires that vehicle owners possess insurance of a minimum of:

• $25,000 for bodily injury damage claims for any one person in a single accident;
• $50,000 or more for bodily injury damage claims for everyone involved in a single accident
• $25,000 for property damage claims due to a single accident

N.B.: Kentucky law permits vehicle owners to have a single policy with a limit of $60,000, which shall provide basic vehicle repair, unless the vehicle in question is a motorcycle.

What To Do After A Car Accident With an Uninsured Driver in Kentucky

After an accident, whether the insurance status of the other driver is known or not, the following steps should be taken:

• Report the accident.

Per KRS 189.635(4), it is mandated that any person driving within the state who gets involved in an accident that results in up to $500 in property damage should file a collision report with the Kentucky State Police within 10 days of the accident's occurrence. If there are injured persons, call 911.

• File a claim with your insurer.

If a person's insurance policy includes personal injury protection or uninsured/underinsured motorist (UM/UIM) coverage, filing a claim with their insurer can help them cover repairs and medical bills.

• File a personal injury lawsuit.

Kentucky law permits drivers to sue the other driver if the damages suffered exceed certain thresholds. The reason most drivers are uninsured is their lack of such financial capacity, although the case may be different for other drivers. In any case, filing a personal lawsuit may be a person's only chance at making an at-fault driver pay. To be safe, a person can have their attorney investigate the at-fault driver to know if they are capable of paying before filing the lawsuit.

• Report the driver.

Reporting the at-fault driver to the state's Department of Motor Vehicles can help enforce the court's judgment, as they would now have no choice but to satisfy their obligation to avoid having their license suspended or their registration revoked. Notwithstanding, bear in mind that a driver who does not have the financial capacity may still not pay regardless.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Kentucky maintains a "choice no-fault" insurance policy regarding accidents. This gives drivers the right to file claims through their personal injury protection (PIP) insurance policies, regardless of who is at fault. In the absence of insurance, a driver breaks the law and may have certain privileges withheld even if the court awards them damages.

Can I Sue an Uninsured Driver in Kentucky?

Yes, if the damages exceed a certain threshold, such as if medical expenses exceed $1,000 or the accident resulted in a "serious injury". While provisions under Kentucky law provide for accident victims to file civil claims against at-fault drivers in an accident, this step is often impractical because most uninsured drivers don't have the income or personal assets to pay a court judgment. Some potential steps to recover damages include wage garnishing, bank levies, and liens.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Kentucky?

Whether or not the at-fault driver has insurance, Kentucky's choice no-fault policy mandates that each driver's insurance takes responsibility for their individual damages per KRS § 304.39-060. This insurance policy, also referred to as personal injury protection insurance, covers payment for lost wages and medical bills. If the policy includes UM/UIM or other types of coverage, other damages will be paid up to the policy's dollar limit.

What Is Uninsured Motorist Coverage in Kentucky?

Uninsured/underinsured motorist (UM/UIM) coverage is an auto insurance that protects a driver by paying for bodily injuries if they are involved in an accident with a driver who has no insurance. Kentucky law maintains that insurance policies must include UI/UIM coverage, which pays for medical bills beyond the PIP's limit of $10,000.

Per KRS § 304.39-110, the minimum required limits for UM/UIM coverages are $25,000 per person and $50,000 per accident (if more than one person sustains injuries). UM coverage pays for medical bills, pain and suffering, lost income, and funeral costs, among others. It does not cover vehicle repairs.

What If I Don't Have Uninsured Motorist Coverage in Kentucky?

If a person does not have uninsured motorist coverage but has other coverage types like personal injury protection or property damage liability, they may receive compensation through these routes. An alternative is suing the other driver if medical costs exceed $1,000 or if they suffered significant injuries.

If the case was a hit-and-run or a DUI, a person may file a claim with the Kentucky Crime Victims Compensation Fund. Claims obtained through this route may only cover expenses related to medicals, funerals, mental health counseling, and lost income.

How Do I Get Compensation from an Uninsured Driver in Kentucky?

Personal injury lawsuits are the final resort for accidents involving an uninsured driver. For claims involving amounts not more than $2,500, a claimant may file their lawsuit in a small claims division of the district court in the county where the defendant lives or the accident occurred. Personal injury claims involving larger amounts fall under the jurisdiction of circuit courts.

Note that there is a statute of limitations that mandates that claims be filed not more than two years from the date of the accident. Personal injury lawsuits typically involve the following steps:

• Step 1: Complete and file the complaint form

The complaint form should include the defendant's address, an explanation of the incident, photographs, a police accident report, and other relevant documentation about the accident. The completed form can be filed online or submitted in person at the court clerk's office. Once filed, the defendant shall be served and is required to respond within 30 days after being served.

• Step 2: Discovery and negotiation

This step includes gathering and exchanging documents and facts about the accident, and may include depositions and interrogatories. It affords parties a chance to weigh facts from each other's perspectives. A neutral third party may then be invited to review the case and help both parties negotiate a settlement outside court.

• Step 3: Pre-trial motions

If mediation is unsuccessful, parties may request court rulings on issues about the case. For instance, a plaintiff can file a motion for a default judgment if the defendant defaults in responding to the summons, or the defendant can file a motion for the court to dismiss the case if there was an error in the complaint or the summons wasn't served properly.

• Step 4: Trial

If both parties do not reach a mutual agreement through the above steps, they may proceed to trial.

How Much Can You Recover From an Uninsured At-Fault Driver in Kentucky?

In Kentucky, each party involved in an accident is responsible for their individual damages, regardless of who is at fault and whether or not they have insurance, unless the accident results in significant damages. A party may only file a personal injury lawsuit if they incurred over $1,000 in damages or they suffered a serious injury. While there are no limits, the amount a person can receive in compensation depends on the defendant's available assets.

How To Find Out If the At-Fault Driver Has Insurance in Kentucky

Parties involved in an accident can verify if the other driver has insurance by inspecting a copy of the accident report related to their case. While these reports are not public, parties, their attorneys, and their insurance providers may access them. Alternatively, such eligible parties can use the Life Insurance Policy Locator Service provided by the National Association of Insurance Commissioners (NAIC). If the case goes to court, insurance information may be accessed by eligible parties through the case file.

Are Accidents Public Record in Kentucky?

Accident records may only be accessed by the parties involved, their attorney, or a representative of their insurance company. To obtain an accident record, a person is required to show a valid ID that proves their connection with the case.

Can You Go to Jail for Causing an Accident Without Insurance in Kentucky?

A jail time of not more than 90 days is a potential penalty for driving without insurance in Kentucky, as it is illegal. Penalties may be more severe if a driver commits an additional offense, such as using fraudulent documents, DUI, hit and run, or vehicular homicide.

Can You Settle With an Uninsured Driver Out of Court in Kentucky?

Yes. However, such an agreement must be in writing and must be made not later than two years from the date of the accident. This route helps parties avoid the time and costs that would be required to follow through with a lawsuit. However, the likelihood of success depends largely on the at-fault driver's willingness to cooperate, especially since Kentucky is a no-fault state.

Can I Get Compensation If I Was Partially at Fault?

Yes. Kentucky is a pure comparative negligence state, and there are no negligence thresholds. This means that both parties can still recover damages regardless of who is at fault, provided their negligence is less than 100%. The amount of compensation awarded is reduced by their percentage of negligence. For instance, if a court awards a plaintiff compensation of $100,000 and their fault was determined to be 30%, 30% of $100,000 is deducted from what they receive, leaving them with $70,000.