Motor vehicle accidents are stressful enough, but the frustration can deepen if the at-fault driver is uninsured or underinsured. Kentucky drivers can still recover compensation through their own insurance policies. Filing an uninsured/underinsured motorist (UM/UIM) claim allows those injured to secure coverage for damages and losses. Understanding this process is essential for maximizing potential recovery.

The Role of Uninsured and Underinsured Motorist Coverage

In Kentucky, insurance companies are required to offer UM coverage, and drivers can choose to purchase UIM coverage as an added layer of protection. Uninsured motorist coverage applies when the at-fault driver has no insurance at all. Underinsured motorist coverage comes into play when the at-fault driver’s liability limits are too low to fully compensate for your losses.

Kentucky operates under a “choice no-fault” system. Drivers can opt out of no-fault coverage and retain the right to pursue claims against at-fault drivers, but UM/UIM coverage remains a safeguard regardless of the system chosen. This makes UM/UIM coverage particularly vital for Kentucky drivers.

Steps to Filing a UM/UIM Claim

1. Notify Your Insurer Promptly
After a crash involving an uninsured or underinsured driver, immediate action is key. Contact your insurance company to inform them of the incident and indicate your intent to file a UM or UIM claim. Many policies have strict deadlines for reporting, so timely communication is essential.

2. Review Your Policy Details
Before proceeding, carefully review the terms of your policy to understand the extent of your UM/UIM coverage. Kentucky drivers must ensure that coverage limits align with the severity of their injuries and losses. Coverage might extend to medical expenses, lost wages, and non-economic damages such as pain and suffering.

3. Gather Supporting Documentation
Your claim will require strong evidence to demonstrate the other driver’s lack of adequate coverage and the extent of your damages. Important documentation includes:

• A police report from the accident scene
  
• Medical records and bills
  
• Photographs of the accident and injuries
  
• Repair estimates for vehicle damage
  
• Witness statements if available
  

4. Prove the Other Driver’s Status
For a UM claim, evidence of the other driver’s uninsured status—such as a letter from their insurer or a DMV report—is critical. For a UIM claim, you’ll need proof of the other driver’s insufficient liability limits and that your damages exceed those limits.

5. Cooperate With the Investigation
Your insurance company will investigate the claim to verify the facts and evaluate damages. Cooperate fully by providing requested documentation and answering questions thoroughly. While your insurer may be on your side, they also aim to limit payouts, so accuracy and completeness are vital.

Legal Considerations in Kentucky

Kentucky drivers pursuing a UM/UIM claim must be aware of several legal nuances:

• Statute of Limitations: In Kentucky, the statute of limitations for filing a UM/UIM claim generally mirrors that for personal injury claims—two years from the date of the accident or last no-fault payment. Failing to file within this window can result in a denied claim.
  
• Stacking Coverage: Kentucky law allows the stacking of multiple UM/UIM policies in certain situations. For example, if you have UM/UIM coverage on more than one vehicle, you may combine those coverages to increase your total recovery. However, stacking is subject to specific policy language, and some insurers may prohibit it.
  

Challenges You May Encounter

Filing a UM/UIM claim in Kentucky is not always straightforward. Common challenges include:

• Disputes Over Damages: Your insurer might contest the extent of your injuries or the necessity of certain treatments. Keeping thorough medical records can help counter these disputes.
  
• Lowball Settlement Offers: Insurers may initially offer a settlement that falls short of covering all losses. It’s wise to consult an experienced attorney before accepting any offer.
  
• Coverage Denials: Some insurers may deny claims outright, citing policy exclusions or misinterpretations. Legal assistance can be critical in these scenarios.
  

How an Attorney Can Help

A skilled personal injury attorney can provide invaluable support throughout the claims process. Legal counsel can:

• Help you interpret complex insurance policies
  
• Ensure you meet deadlines and file correct documentation
  
• Negotiate effectively with insurers to maximize your compensation
  
• Represent you in arbitration or court if the insurer disputes the claim
  

In Kentucky, where many drivers opt for minimum coverage, having professional guidance increases your chances of recovering full compensation from a UM/UIM claim.

Conclusion

Filing an uninsured/underinsured motorist claim in Kentucky is a vital safety net when the at-fault driver lacks sufficient coverage. From understanding your policy to gathering strong evidence, timely and strategic action is key. Whether you face disputes over damages, lowball offers, or outright denials, an experienced attorney can help you navigate the process and pursue the compensation you deserve.

Don’t let an uninsured or underinsured driver’s mistake derail your financial stability—know your rights and take action to protect yourself.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.