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Handling A Truck Accident While Uninsured In Kentucky

July 23, 2021 By Kent Ryan Brown

Are You Insured QuestionnaireAccidents happen. While Kentucky requires minimum liability insurance on motor vehicles, you may find that your insurance policy has lapsed, only after it’s too late and a collision has occurred. Or, you may be a passenger in someone else’s vehicle that did not have the required insurance coverage.

Kentucky requires minimum liability coverage of $25,000, and it is against the law for an owner of a vehicle to operate it in Kentucky without it. Pursuant to KRS 304.99-060, if you are caught operating a motor vehicle in Kentucky without the minimum insurance required, you may be subject to at $500 – $1000 fine, or even up to 90 days in jail.

If you are in a Kentucky truck accident, even if the truck accident is not you or your driver’s fault, you are already starting out at a disadvantage if you are in an uninsured vehicle. Kentucky requires that auto insurance policies cover all occupants of the vehicle under PIP “No-Fault Benefits”, regardless of fault. Kentucky PIP benefits cover the first $10,000 in medical bills and lost wages and typically will apply regardless of the state where the collision occurred. If you are in an uninsured vehicle, you will not have PIP coverage to provide benefits for lost wages or medical expenses.

However, the experienced Kentucky truck wreck attorneys at Flora Templeton Stuart Accident Injury Lawyers know where to look to determine if you have any ancillary PIP coverage that may apply to you, even if you were in an uninsured vehicle.

Other Ways to Get PIP Coverage in Kentucky

Your Own Insurance Policy

If you are a passenger in an uninsured car, and have your own vehicle in Kentucky with an insurance policy, you may be able to apply the PIP benefits from your own policy for the uninsured wreck. Yes, even if your own car was not involved in the wreck, you may be able to apply your own auto-insurance PIP benefits. Our experienced Accident Injury Attorneys will work hard to find any additional PIP coverage that may apply to you, for those much needed benefits.

Kentucky Assigned Claims

If you do not own your own vehicle, and were a passenger in an uninsured car, you may qualify for Kentucky Assigned Claims. Kentucky Assigned Claims was established by the Kentucky Legislature in Kentucky Revised Statute Chapter 304.39 in the “Motor Vehicle Reparations Act.” Persons not entitled to benefits under Kentucky Assigned Claims include:

Persons who:

  • Intentionally caused or attempted to cause injury to himself or another person
  • Persons injured while maintaining or using a converted vehicle unless used in the good faith belief that he is legally entitled to do so
  • Persons who have rejected or are deemed to have rejected the limitations of their tort rights pursuant to the No-Fault Act
  • Such person was the owner occupant of the motor vehicle subject to the Kentucky No-Fault Act which was not insured in accordance with that Act
  • Such person qualifies for benefits under a policy of insurance or plan of self insurance that provides benefits required by the Kentucky No-Fault Act, and such benefits have not been denied such person

Kentucky Assigned Claims will provide PIP/No-Fault Benefits if you are not disqualified from any of the requirements above.

Liability and Damages

Ultimately, if the truck driver is the at-fault party, their insurance carrier or trucking company should be on the hook for your damages. However, that settlement or judgment may take time and the insurance company or trucking company is not obligated to provide lost wages or medical coverage immediately following the wreck. If you do not have any PIP coverage available, you will have to rely on your personal health insurance for treatment. If you do not have health insurance, it may be difficult to find a provider who will provide the treatment you need for your wreck-related injuries.

Our Kentucky truck crash attorneys have over 50 years of experience and we immediately take efforts to establish liability and find all available insurance coverage that may apply for your wreck, including PIP, MedPay, Liability, Underinsured and Uninsured coverages.

How To Make Sure You Are Properly Insured in Kentucky

Automobile insurance coverage is extremely important. Although it may seem like you’ll never need something like “Uninsured coverage”, accidents occur out of nowhere. If you do not have the appropriate insurance, you are putting yourself and your family at risk. Here are some helpful insurance tips from the experienced trucking attorneys at Flora Templeton Stuart Accident Injury Lawyers.

Make Sure Your Insurance Policy Does Not Lapse

If your insurance policy was not active at the time of the collision, it will not apply to the wreck. You cannot simply call the insurance company five minutes after a collision and ask for coverage and hope it applies. It won’t. Make sure your payments are current. If you have “auto-pay” make sure that you update your insurance company with any new bank information or address changes so you don’t accidently miss a payment.

Purchase Higher Insurance Coverage Than the State Minimums Require

Uninsured

Unfortunately, it is common for our attorneys to see auto accident victims struck by someone with no insurance. Uninsured coverage covers you and potentially your passengers and household residents if you are struck by a person who did not have insurance. In Kentucky, Insurance carriers must obtain a signed rejection from you to exclude uninsured coverage on your policy. If you sign a rejection, it may apply to everyone else in your household. We encourage you to always include uninsured coverage, and purchase above state minimums of $25,000 if possible. Typically, people with no insurance have no assets to collect from, making a recovery hopeless if there is no uninsured coverage on your own policy in the event of a collision with an uninsured driver.

Underinsured

Underinsured coverage can be added to your Kentucky Policy for an additional monthly amount. Typically, coverages range from $25,000 all the way up to $300,000 or more. Underinsured will pick up if the at-fault driver did not have appropriate insurance. For instance, say you have $50,000 in medical bills, and the at-fault drivers liability insurance tenders their policy limits of $25,000. This is insufficient to cover your injuries and medical bills, so at that point, your Underinsured would open a claim to pickup where the liability carrier left off. This can be critical, as many drivers only have minimum insurance, so it is important to have excess coverage available to you or your loved ones, should you need it.

PIP

Kentucky requires state mandatory minimums of $10,000 PIP coverage on every automobile insurance policy, pursuant to the law.  PIP is a great thing to have, and we are fortunate we have it in Kentucky. Did you know you can add additional PIP coverage? Most insurance companies will offer PIP coverage up to $50,000! This additional PIP will pay for your medical bills and/or lost wages if you are seriously injured in a collision, regardless of fault! We encourage anyone who can afford the additional PIP coverage to add it to their policy.

If you are skeptical about the cost of adding more insurance, simply ask your insurance agent to run the numbers for you. You may be surprised how little it affects your monthly or bi-annual/annual premiums for the additional coverage. Your future self will thank you, should you find yourself in a position where you or a household family member are struck by an uninsured or underinsured driver.

Motorcycles

Unfortunately, PIP is not mandatory on motorcycle polices in Kentucky. Our attorneys have over 50 years of experience in personal injury motorcycle cases, and we can confidently tell you that motorcycle collisions are often the cases with the worst, and most serious, injuries. If you own a motorcycle in Kentucky, add the PIP coverage so that you will be immediately covered for lost wages and medical in the event of the collision. If you are able, you should also add uninsured and underinsured to any motorcycle policy, for extra protection.

How Our Truck Accident Attorneys Can Help You

Our Trucking TeamIf you or a loved one has been involved in a truck accident while uninsured in Kentucky, don’t give up, there may be additional coverage to help you and your claim! We quickly investigate all potential coverage, to get you the benefits you need. Contact Flora Templeton Stuart Accident Injury Lawyers as soon as possible. We put our 50+ years of experience to work immediately to protect the rights of our clients and ensure full and fair compensation. Contact our trucking experts today at 888-782-9090 or online. We are ready to help!

Author Photo

Kent Brown

Kent has years of experience negotiating, litigating, and fighting for his clients, both inside the courtroom and out. Kent brings this same determination and fights for injured clients every day with the Flora Templeton Stuart Accident Injury Lawyers. He is a member of both the Kentucky Bar Association and the Tennessee Bar Association.