What Happens if the Other Driver Doesn’t Have Insurance?
Being in a car accident is already one of the most stressful experiences we can go through. There’s the shock, the damage, the potential for injuries—and then the long road of dealing with repairs, medical bills, and lost time from work. But when we find out the other driver doesn’t have insurance, the situation can feel even more frustrating and unfair.
At Wilson & McQueen PLLC, we’ve seen firsthand how devastating these situations can be. We serve clients in Lexington, Kentucky, and the surrounding areas, including London, Georgetown, Richmond, and Nicholasville. Call us to discuss your options and take the first step toward protecting your future.
Kentucky’s Insurance Requirements
Kentucky law requires drivers to carry certain minimum amounts of insurance. This is meant to make sure every driver has at least some coverage to handle accident-related costs. But unfortunately, not everyone follows the rules.
Required coverage in Kentucky includes:
Bodily injury liability: At least $25,000 per person and $50,000 per accident
Property damage liability: At least $25,000 per accident
Personal injury protection (PIP): At least $10,000 per person for medical expenses, lost wages, and other costs
When someone doesn’t carry insurance, they’re breaking the law—and putting others at serious financial risk if they cause a crash.
How Uninsured Drivers Affect Accident Claims
When the other driver is uninsured, there’s no insurance company on their end to handle your claim. That means recovering damages directly from them can be very difficult if they're at fault. Many uninsured drivers simply don’t have the personal assets to cover accident costs.
This is where we often have to look at other sources of compensation, including our own insurance policy.
Relying on Your Own Policy for Coverage
Most Kentucky drivers have options within their own policies to help cover them in case they’re hit by an uninsured driver. The availability and limits of this coverage depend on what’s included in your policy.
Common coverage types that can help include:
Uninsured motorist coverage (UM): Pays for injuries and damages caused by a driver without insurance.
Collision coverage: Pays for repairs to your vehicle regardless of who’s at fault.
Medical payments coverage (MedPay): Helps with medical costs after an accident, even if the other driver has no coverage.
If you’re unsure what your policy includes, reviewing it as soon as possible after an accident can help you understand what’s available.
Steps To Take Immediately After the Accident
Even when the other driver doesn’t have insurance, the actions we take right after the crash are still important. These steps can protect our ability to recover compensation later.
Important steps include:
Call the police: Having an official accident report is critical for proving what happened.
Exchange information: Even without insurance details, collect the other driver’s name, contact info, and license plate number.
Document the scene: Take photos and videos of the vehicles, damage, and the surrounding area.
Get medical attention: Injuries aren’t always apparent at first; getting checked right away can protect your health and your claim.
Contact your insurance company: Let them know what happened so they can start the claims process.
Following these steps can help preserve valuable evidence, which may be the deciding factor in recovering compensation later.
Challenges of Suing an Uninsured Driver
It’s possible to file a lawsuit directly against an uninsured driver. However, this can be an uphill battle. Many uninsured drivers don’t have significant assets, meaning even if you win your case, collecting the money may be difficult.
Sometimes, a judgment can lead to wage garnishment or liens on property, but if the person doesn’t have a steady income or owns very little, those options may not result in actual recovery. This is one reason why uninsured motorist coverage is so valuable—it allows us to focus on our recovery instead of chasing compensation that may never come.
How PIP Benefits Can Help
Kentucky is a “no-fault” state, which means our own PIP coverage pays certain expenses no matter who caused the accident. This can be a huge relief when the other driver doesn’t have insurance.
PIP can cover:
Medical bills: Up to the coverage limit
Lost wages: A percentage of your income if you can’t work
Essential services: Help paying for tasks you can’t do because of your injuries
Funeral expenses: If the accident is fatal
PIP doesn’t cover everything, and it may not be enough to handle serious injuries, but it provides a vital safety net in the early stages after an accident.
The Importance of Uninsured Motorist Coverage
If there’s one thing many drivers wish they’d done before an accident with an uninsured motorist, it’s making sure they had strong uninsured motorist coverage.
Why UM coverage matters:
It’s designed for this exact situation: It steps in when the at-fault driver can’t pay.
It can cover both injuries and property damage: Depending on your policy, you might be able to recover for medical costs and car repairs.
It can protect your financial stability: Without it, you could end up paying out of pocket for expenses someone else caused.
Adding UM coverage to your policy before you need it's one of the ways to protect yourself from the risk of uninsured drivers.
When the Other Driver Has Minimal Coverage
Sometimes the problem isn’t that the other driver has no insurance—it’s that they don’t have enough. This is called being “underinsured.”
Underinsured motorist coverage (UIM) helps fill the gap between the at-fault driver’s policy limits and the total amount of your damages. In Kentucky, you can add UIM coverage to your own policy for added protection.
Even if the other driver has insurance, their policy limits may be far lower than what it would take to cover your medical bills, vehicle repairs, and other expenses. Without UIM coverage, you could be left personally responsible for paying the difference.
Adding UIM coverage ensures you have a safety net, giving you peace of mind that your financial recovery won’t be limited by someone else’s inadequate insurance. It’s especially important for serious accidents, where costs can quickly exceed basic policy limits.
Why Legal Help Matters in These Cases
Accidents with uninsured drivers can be frustrating, stressful, and financially damaging. Trying to handle the situation alone can lead to missed opportunities for compensation. An experienced lawyer can help by:
Reviewing your policy: Finding all potential sources of coverage.
Filing claims: Making sure everything is done correctly and on time.
Negotiating with your insurer: Working to get the maximum recovery possible.
Pursuing legal action if needed: Including lawsuits against the other driver when it makes sense.
Legal help can make the difference between getting partial coverage and securing the funds you need to move forward.
At Wilson & McQueen PLLC, we serve clients throughout Lexington, Kentucky, and surrounding cities such as London, Georgetown, Richmond, and Nicholasville.
Contact an Experienced Lawyer
If you’ve been hit by a driver without insurance in Kentucky, you have legal options—and Wilson & McQueen PLLC can help you explore them. We’ve helped many people in situations just like yours, and we’re ready to help you pursue compensation. Don’t wait to take action after an accident like this. Reach out to us today to protect your rights and start the process of recovering what you’ve lost.