How an Attorney Can Help in an Uninsured Motorist Claim
Being in a collision is never ideal, and when it involves an uninsured motorist, it may feel like a dead end. In a 'choice' no-fault state like Kentucky, drivers may opt in or out of the system, which can complicate receiving compensation following an accident.
For those who opt-in, the Personal Injury Protection (PIP) coverage in their policy kicks in; however, those who opt out may need to take further legal action. In either circumstance, hiring an attorney is the best way to protect the victim's rights.
Examining the Injured Person’s Insurance Policy
One of the first things an attorney will likely do following an uninsured motorist accident is examine the injured individual's insurance policy. By doing so, they can determine whether the claim needs to be filed with their own insurer or if further action is necessary.
Taking Legal Action
Although some claims against negligent drivers can result in compensation for policy limits, this cannot happen when an uninsured motorist is involved. Instead, an investigation into the accident may find that the at-fault motorist can afford to pay for the damage him/herself. An attorney may advise pursuing a lawsuit against this individual to ensure that medical expenses are appropriately compensated.
What If It Was a Hit-and-Run?
Should the at-fault driver flee the scene of the accident, the injured person's insurance provider will likely treat it as an uninsured motorist claim. Although an attorney may conduct a full investigation to track down the driver and pursue criminal charges, especially if a serious injury or death occurred, these will typically fall on the injured individual's policy.
Keeping Your Claim On Track
Even in accidents involving uninsured motorists, injured individuals must follow a statute of limitations if looking to pursue a claim. Working with an attorney helps ensure that any uninsured/underinsured motorist claim being filed will stay on track with the appropriate timelines. Remember, Kentucky has a two-year statute of limitations for pursuing these claims.
Uninsured Motorist Accident? Call (270) 423-0023
Kentucky Injury Law Center is the legal resource you need following a collision with a negligent driver. Our team has decades of combined experience helping people throughout Kentucky seek justice for their injuries. Give us a call today at (270) 423-0023 to learn how we can help.