Uninsured Motorist Lawyer in Louisville, Kentucky

Reviewed by Larry Forman, Attorney

You did everything right. You paid for insurance, you followed the rules of the road, and then someone with no insurance crashed into you.

Now you have medical bills, missed work, and a driver who may have nothing to pay you with. It’s an unfair spot to be in. But Kentucky law gives you a way forward: in most cases, your own auto policy includes uninsured motorist (UM) coverage built for exactly this.

Forman & Associates helps people in Louisville and across Kentucky bring UM claims. This page explains how that coverage works, what it pays for, where people get tripped up, and what to do next.

What counts as an “uninsured motorist” in Kentucky?

The obvious case is a driver with no liability insurance at all. Kentucky’s UM statute goes further than that. Under KRS 304.20-020(2), an “uninsured motor vehicle” can also include:

• A vehicle whose insurer is insolvent and can’t pay. This applies when the at-fault driver’s insurer becomes insolvent within one year after the accident (KRS 304.20-020(3)).
• A vehicle insured for less than Kentucky’s legal minimum limits.
• A vehicle whose insurer denies coverage for the crash.

Most Kentucky auto policies also treat a hit-and-run vehicle whose driver can’t be identified as uninsured, subject to the policy’s own terms. If that’s what happened to you, see our hit-and-run accident lawyer page.

Uninsured or underinsured? If the other driver had insurance but not enough to cover your losses, that’s a different claim with different rules. See our underinsured motorist lawyer page, or read how UM and UIM coverage differ in Kentucky.

Do you have UM coverage? Probably, unless someone rejected it in writing

In Kentucky, UM coverage is part of the auto policy by default. KRS 304.20-020(1) says a motor vehicle liability policy for a vehicle registered or principally garaged in Kentucky cannot be issued unless it includes UM coverage, at least at the bodily injury limits in KRS 304.39-110. Those limits are $25,000 per person and $50,000 per accident, or a $60,000 single limit.

There are two important catches:

1. A named insured can reject UM coverage in writing. That rejection applies to everyone on the policy.
2. A rejection can carry forward. If UM was rejected, the same insurer (or an affiliate) doesn’t have to add it back on a renewal or replacement policy unless a named insured asks for it in writing.

If your insurer says you don’t have UM coverage, ask for a copy of the signed written rejection. Also check your declarations page, which lists the UM limit if you have it. Sometimes the paperwork doesn’t match what the adjuster says.

It’s also worth checking every policy in your household. Depending on the policy wording, a UM claim may be possible under a policy that covers a spouse or a relative you live with, not just the car you were in.

What UM coverage pays for, and what it doesn’t

UM is bodily injury coverage. The statute protects insured people who are “legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death” (KRS 304.20-020(1)).

Depending on your policy and your case, a UM claim can cover the same kinds of losses you could claim against the at-fault driver:

• Medical bills beyond what PIP pays
• Future medical care
• Lost wages and lost earning ability
• Pain, suffering and mental anguish
• Permanent injury or disfigurement
• In a fatal crash, damages through a wrongful death claim

What it usually doesn’t cover is damage to your car. Vehicle repairs normally go through collision coverage on your policy, if you have it.

The limit matters. A UM claim is capped by the UM limit on the applicable policy. If your losses are bigger than the limit, we look at every other policy that might apply.

PIP pays first, no matter who caused the crash

Before UM comes into play, Kentucky’s no-fault system usually pays first. Basic personal injury protection (PIP) pays up to $10,000 per person per accident for medical expenses, lost wages and similar economic losses, regardless of fault (KRS 304.39-020).

Which policy pays PIP depends on how you were hurt (KRS 304.39-050):

• If you were in a vehicle, PIP generally comes from the policy on the vehicle you were in.
• If you were a pedestrian, PIP generally comes from the policy on the vehicle that hit you.
• If that vehicle had no insurance, your own PIP coverage (or one you’re insured under) applies.

You can also choose how your PIP is spent. For example, you can direct it toward lost wages while health insurance pays medical bills (KRS 304.39-241). We explain why that can help in how health insurance paying first can increase your net recovery. For the basics, see our Kentucky PIP guide.

Your own insurance company becomes the other side

This part surprises people. In a UM claim, the insurer you’ve paid premiums to stands in the shoes of the uninsured driver. To get paid, you still have to prove two things:

1. The uninsured driver was at fault. Your insurer can argue you were partly to blame. Kentucky uses pure comparative fault (KRS 411.182), so any share of fault assigned to you reduces what you receive. See how Kentucky’s pure comparative fault rule works.
2. What your injuries are worth. Your insurer will review your medical records and may dispute your treatment, your future care, or whether the crash caused your injuries.

Your policy also likely has a cooperation clause. That can mean giving your insurer a statement, records, or even an exam under oath. Cooperating matters, but it’s smart to get advice before you give a recorded statement or sign broad medical authorizations.

If your insurer refuses to pay a valid claim, drags it out, or won’t investigate fairly, that may be a separate legal issue. See our insurance bad faith page.

Can you sue the uninsured driver directly?

Yes. You can bring a claim against the uninsured driver personally. The hard part is collecting. Many drivers without insurance don’t have assets to pay a judgment.

That’s why the UM claim is usually the main path to recovery. If your insurer pays you under UM coverage, Kentucky law lets the insurer seek repayment from the person who caused the crash, to the extent of what it paid (KRS 304.20-020(4)).

Sometimes other parties share responsibility, such as the driver’s employer, the owner of the vehicle, or a business involved in the crash. Part of our job is finding every source of recovery, not just the one that’s easiest to see.

Deadlines you can’t afford to miss

Several clocks can run at once in an uninsured motorist case:

• The lawsuit deadline for the crash itself. Under KRS 304.39-230(6), a crash injury lawsuit generally must be filed within two years after the injury or the last PIP payment, whichever is later.
• Your policy’s own deadlines. Many policies have prompt-notice requirements and their own time limits for UM claims.
• PIP benefit deadlines. These are separate again (KRS 304.39-230(1)).

Our Kentucky statute of limitations guide lays out each deadline in one table.

What to do after a crash with an uninsured driver

1. Call 911 and get a police report. The report documents who was involved and whether the other driver had insurance. Here’s how to get your Kentucky accident report.
2. Get medical care right away and follow through with treatment.
3. Photograph everything: the vehicles, the scene, the other driver’s license and plate, and any insurance card they show you, even an expired one.
4. Notify your own insurer promptly, as your policy requires.
5. Get your declarations page and full policy, for your car and for any household policies.
6. Save the evidence. Our checklist of evidence to preserve after an accident covers dashcam video, photos and witness information.
7. Talk to a lawyer before giving a recorded statement or signing a release.

How Forman & Associates handles uninsured motorist claims

When you hire us, we:

• Review every potentially applicable policy in your household and confirm whether any UM rejection is valid and signed
• Investigate fault so your own insurer can’t shift the blame to you
• Coordinate PIP, health insurance and UM so the right coverage pays in the right order
• Document the full value of your injuries, including future care and lost earning ability
• Handle all communication with the insurers
• File suit when an insurer won’t pay fairly. Larry Forman has tried 50+ jury trials.

You can learn more about Larry Forman or see our case results. Past results don’t guarantee a similar outcome.

Uninsured motorist FAQs

Is uninsured motorist coverage required in Kentucky?

UM coverage must be included in Kentucky auto liability policies unless a named insured rejects it in writing (KRS 304.20-020(1)). If no one on your policy signed a rejection, you likely have it.

Does uninsured motorist coverage pay for my car repairs?

Generally no. UM coverage in Kentucky is bodily injury coverage. Vehicle damage is usually handled through collision coverage on your own policy.

What if the other driver’s insurance company denied the claim?

Under KRS 304.20-020(2), a vehicle can be treated as uninsured to the extent its liability coverage is denied by the insurer. Your UM coverage may apply, depending on your policy and the reason for the denial.

I was a pedestrian or passenger. Can I still make a UM claim?

Often, yes. Whether you’re an “insured” depends on the policy wording, which often covers household relatives and people riding in the insured vehicle. See our bicycle and pedestrian collision page for more.

Will my own insurance company treat me fairly?

It should. But in a UM claim, your insurer evaluates fault and damages just like the other driver’s insurer would. It can dispute your claim. Having a lawyer helps keep the process honest.

How long do I have to file an uninsured motorist claim in Kentucky?

It depends. The crash lawsuit deadline is generally two years under KRS 304.39-230(6), and your policy may require prompt notice and set its own deadline. Check with a lawyer early.

Hit by an uninsured driver? Let’s talk

You shouldn’t have to pay for someone else’s choice to drive without insurance. Tell us what happened, and we’ll review your coverage and explain your options. Get a free case evaluation or call 502-931-6788.

More answers: our Personal Injury FAQ and the Kentucky Injury Resource Center.

This page is general information about Kentucky law, not legal advice. Every policy and every case is different.