If the at-fault driver in your motorcycle accident doesn’t have car insurance, you file a claim with your insurance company or file a lawsuit against the at-fault party as an individual to collect damages. Most people would like to think every driver is insured, but unfortunately, that is not the case. According to the Insurance Information Institute, over 20% of drivers are either underinsured or not insured at all. Getting compensated by an uninsured driver can become a complicated, time-consuming affair that dominates your life. But that’s why at Kaufman & Stigger, we’ll protect your right to compensation and make sure you’re made whole after a motorcycle accident, even if the driver is uninsured.
Take legal action today by contacting us for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Motorcycle Accident with an Uninsured Driver?
If you’re in the unfortunate situation of having to deal with underinsured/uninsured motorists, then it is recommended to consult with an attorney. However, depending on the situation, your insurance policy may cover you in the event that the driver who caused your accident is uninsured. If insurance is not available, then that’s when a lawyer can step in and file a lawsuit to pursue damages through the individual’s personal assets. This is not standard practice in a personal injury case, but it is an option when dealing with uninsured drivers.
At Kaufman & Stigger, the compensation we pursue for injured motorcycle accident victims includes:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Job displacement
- Vocational training
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
How to Handle a Motorcycle Accident with an Uninsured Driver
If you find yourself involved in an accident with an uninsured/underinsured driver, you should still follow the same steps as in any other car accident, regardless of whether the driver is fully insured or not. It is recommended to contact the police and have them file a report. The report will contain important details that will serve as evidence against the at-fault driver. Be wary of other drivers trying to avoid contacting the police. An uninsured driver may try to keep law enforcement from getting involved out of fear of the consequences of being uninsured.
Next, take pictures of the scene, your vehicle, the license plates of all vehicles involved, and your injuries. Documenting these things at the scene of the accident will help you build a strong case. This evidence will also help you in case the other driver tries to deny fault or your insurance tries to deny your claim for any reason. And be sure to exchange contact information with the other driver. Your insurance company will need to contact the at-fault driver, especially if they’re uninsured.
Lastly, after the accident, seek medical attention immediately. Even if you don’t feel injured, seeing a doctor after an accident will only help your claim, whereas not seeking medical treatment can hurt your case in a number of ways.
Consequences of Driving Uninsured in Kentucky
If you’re wondering if you can drive without insurance in Kentucky, the answer is a resounding “no.” Driving uninsured in Kentucky allows drivers to be susceptible to fines, license suspension, and vehicle impoundment. Being caught without insurance, especially after an accident, can have severe consequences, as it is a violation of Kentucky Law. The following are penalties drivers can face if they do not meet the liability auto insurance coverage requirements:
- $200-$500 fine if you are convicted of driving without insurance, depending on the details of the violation
- Impoundment: the court may rule to impound your vehicle, even if it is your first offense
- Towing and storage fees: if your vehicle is impounded, you can be held responsible for all towing and storing fees
- License suspension: getting into an accident while uninsured can result in a license suspension
Does Your Insurance Go Up After an Accident That Is Not Your Fault?
When it comes to determining if your car insurance premium will increase after an accident, liability plays a crucial role. Kentucky law covers liability through comparative negligence. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation.
So, if you were partially at fault, but still got injured, you still reserve the right to compensation. However, when it comes to your insurance premium, your rate will most likely go up if you’re found to be 51% or more at fault.
Contact Kaufman & Stigger | Kentucky Motorcycle Accident Lawyers
If you or a loved one has suffered injuries due to a motorcycle accident in Kentucky, the Motorcycle Accident Attorneys at Kaufman & Stigger are here to help. We’ll fight for your right to fair compensation, as well as ensure your insurance rates do not go up if you’re not liable for the accident. We’ve managed numerous motorcycle accident cases, and we specialize in protecting riders from liability as well as reaching successful motorcycle accident settlements. Contact Kaufman & Stigger today for a free, no-risk consultation and case evaluation. There are no upfront fees, and you don’t pay a cent until we’ve won your case.
