One of the unique aspects of practicing personal injury law in Southern Indiana is that many of the accidents I handle involve drivers from both Indiana and Kentucky.
A Louisville resident may be driving to work in New Albany. A Floyd County resident may be returning home from Louisville. For most people, crossing the Ohio River is simply part of daily life.
Until an accident happens.
After a collision, one of the first questions people ask is who caused the crash. But occasionally a more troubling question follows:
"What if the driver who hit me doesn't have insurance?"
Unfortunately, I have had those conversations with injured people more than once.
When someone learns that the driver who caused the accident has no insurance, the reaction is often the same. They worry about how their medical bills will be paid, whether they will recover lost wages, and whether they have any options at all.
The good news is that being hit by an uninsured driver does not necessarily mean you are out of luck.
A Situation That Happens More Often Than People Think
Most people assume that every driver on the road carries insurance.
After all, both Indiana and Kentucky require drivers to maintain liability coverage.
Unfortunately, not everyone follows the law.
Over the years, I have seen accidents involving drivers who had allowed their policies to lapse, failed to renew coverage, or simply never obtained insurance in the first place.
Most people never think about uninsured drivers until they become the victim of one.
Why These Cases Can Be Confusing
One thing I have learned is that accidents involving Indiana and Kentucky drivers often create confusion because people are unsure which state's laws apply.
The accident may occur:
- On State Street in New Albany
- Near the Sherman Minton Bridge
- Along Interstate 64
- On Grant Line Road
- Near the New Albany riverfront
The at-fault driver may live in Louisville while the injured person lives in Floyd County.
As soon as insurance questions arise, people begin wondering whether Indiana law applies, whether Kentucky law applies, and which insurance company should be involved.
The answer often depends on the specific facts of the accident and the insurance policies involved.
The Most Important Insurance Policy May Be Your Own
One thing that surprises many clients is that their own automobile insurance policy may become one of the most important sources of protection after the accident.
Many drivers carry Uninsured Motorist (UM) Coverage.
This coverage is designed to protect you when:
- The at-fault driver has no insurance.
- A hit-and-run driver cannot be identified.
- Certain other uninsured-driver situations exist.
I often tell people that UM coverage is one of the most valuable protections they can purchase because you do not realize how important it is until you need it.
A Common Misunderstanding About UM Claims
People sometimes assume that because they are making a claim under their own policy, the insurance company will automatically pay whatever is requested.
Unfortunately, that is not always how the process works.
Even though the claim is made through your own insurance company, the insurer may still investigate:
- How the accident occurred
- The nature of your injuries
- Your medical treatment
- Lost wages
- Other damages
In many respects, a UM claim can feel very similar to a claim against another driver's insurance company.
What If the Louisville Driver Has Some Insurance?
Sometimes the problem is not that the driver has no insurance at all.
Instead, the driver carries insurance limits that are too low to fully compensate an injured person.
When that happens, Underinsured Motorist (UIM) Coverage may become important.
Many serious injuries involve damages that greatly exceed minimum insurance limits.
I have found that many people are unaware of how much UM or UIM coverage they purchased until after a major accident.
The Question I Hear Most Often
After someone learns the at-fault driver is uninsured, the question I hear most frequently is:
"Do I still have a case?"
In many situations, the answer is yes.
The absence of insurance does not automatically eliminate the possibility of recovering compensation.
The key is identifying every available source of coverage and understanding how those coverages apply to the facts of the accident.
Living in a Border Community Creates Unique Challenges
People who live in Southern Indiana and Louisville deal with issues that many other communities never encounter.
We cross state lines every day without giving them much thought.
But when an accident occurs, those state lines can suddenly become important.
Questions involving Indiana law, Kentucky law, UM coverage, UIM coverage, and insurance obligations often arise in the same case.
Understanding those issues early can make a significant difference in the recovery process.
Questions After an Accident with an Uninsured Driver?
Being injured by an uninsured driver can be frustrating and overwhelming. However, one thing I always encourage people to remember is that the absence of insurance does not necessarily mean there are no options available.
If you have been injured in New Albany, Floyd County, Clark County, or elsewhere in Southern Indiana and have questions about uninsured motorist coverage or underinsured motorist coverage, I invite you to contact Doane Law Office for a free consultation.
☎ Call 812-590-2213
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