If you are searching for how to file a claim against an uninsured driver in Kentucky, the first thing to know is that the claim may be made through your own insurance policy. Kentucky law generally requires auto insurers to offer uninsured motorist coverage unless the named insured rejects it in writing. Your next steps are to confirm the other driver’s insurance status, notify the right carrier, preserve proof of fault and injury, and avoid accepting an offer before you understand what it covers.
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Short answer: Report the crash, get medical care, confirm whether the other driver truly had no applicable liability insurance, notify your own carrier about a possible uninsured motorist claim, and gather documents showing liability and damages. A Kentucky uninsured motorist claim is usually a first-party claim against your own insurer, but policy language and the facts of the crash control.
What is an uninsured motorist claim in Kentucky?
An uninsured motorist claim is a request for benefits under your own auto policy after an at-fault driver has no applicable liability insurance. The claim is different from a normal third-party claim because you are dealing with your own insurance company under the terms of your policy. The policy may require notice, cooperation, proof of loss, medical records, a recorded statement, or other steps.
Kentucky Revised Statute 304.20-020 says an auto liability policy generally must include uninsured motorist protection for bodily injury or death unless the named insured rejects that coverage in writing. The statute also addresses certain situations involving an insolvent insurer, lower liability limits, or denied liability coverage, subject to the terms and conditions of the coverage. Read the current Kentucky uninsured motorist statute and have a lawyer review your policy if you are unsure what applies.
That does not mean every claim is automatically covered or that every expense will be paid. Coverage limits, exclusions, the relationship between the injured person and the insured vehicle, other available policies, and the evidence of fault can all matter.
If you still need the immediate post-crash checklist, read What to Do If You Are Hit by an Uninsured Driver. This article takes the next step and focuses on opening and supporting the insurance claim.
How to file a claim against an uninsured driver in Kentucky
The claim process is easier to manage when you treat it as two connected investigations: what happened in the crash and what losses the crash caused. Use the following steps as a general roadmap, not as a substitute for advice about your specific facts.
1. Get medical care and create an official record
Call 911 when appropriate, follow medical instructions, and keep records of every visit, prescription, referral, and restriction. Seek medical attention immediately for your injuries. Do not assume that a minor-looking injury will stay minor, and do not skip follow-up care because the other driver lacks insurance.
A police or crash report can document the drivers, vehicles, scene, citations, statements, and apparent insurance information. If the other driver says they are uninsured, that statement is important, but it does not always prove the final insurance status. A policy may be listed under another person, may have changed, or may involve a coverage dispute.
2. Confirm the other driver’s insurance status
Ask for the other driver’s insurance information at the scene when it is safe to do so, and preserve the information in your records. Your insurer, the responding agency, or a lawyer may need to verify whether a liability policy existed on the date of the crash and whether it applies to the driver and vehicle.
Do not label the crash as uninsured based only on a driver’s statement. Ask your carrier what documentation it needs to confirm that no applicable liability coverage exists. If the driver has some insurance but the available limits are too low for the injuries, the issue may involve underinsured motorist coverage instead. Those are related but different coverage questions.
3. Review every policy that might provide coverage
Read your declarations page and policy, looking for uninsured motorist or UM coverage, underinsured motorist or UIM coverage, medical payments coverage, personal injury protection, and collision coverage. Also ask whether a household member’s policy or another policy may be relevant. The answer depends on the policy language and the people, vehicles, and circumstances involved.
Kentucky’s Department of Insurance explains that basic personal injury protection, or PIP, may pay certain medical expenses, lost wages, and similar out-of-pocket costs regardless of fault. Its Kentucky auto insurance consumer information is a useful starting point, but it does not replace a review of your policy and claim facts.
4. Notify your insurer about a possible UM claim
Tell your insurance company about the crash and clearly state that you may need to make an uninsured motorist claim. Follow the policy’s instructions for reporting a loss, and keep a copy of what you submit. Ask for the claim number, adjuster’s contact information, the documents the carrier needs, and any policy-specific notice or consent requirements.
Notice is not the same thing as agreeing that the insurer’s first position is correct. Give accurate facts, correct mistakes, and keep communications organized. Do not guess about an injury, minimize symptoms, or sign a release before you understand which claims and damages it would end.
5. Build proof of fault, injury, and financial loss
Your UM carrier will usually need evidence showing that the other driver caused the crash and that the crash caused compensable losses. Create one organized file containing:
- The crash report, citation information, and insurance-status records.
- Photographs or video of the vehicles, roadway, traffic controls, weather, and visible injuries.
- Names and contact information for witnesses, passengers, and responding officers.
- Medical records, bills, prescriptions, referrals, and a record of symptoms and treatment.
- Proof of missed work, reduced hours, lost income, or job restrictions when applicable.
- Repair estimates, towing and rental records, and photos of vehicle damage for the property-damage portion of the matter.
- Every letter, email, text, claim form, and recorded statement request from an insurer.
Keep originals, use copies when submitting documents, and write down when each document was sent. A simple timeline can help connect the crash to treatment, missed work, expenses, and ongoing limitations without relying on memory months later.
6. Evaluate the insurer’s investigation and offer
An adjuster may ask for a statement, medical authorization, bills, wage records, photographs, or information about prior injuries. Read requests carefully and ask what is required under the policy. A request for information is not proof that the carrier has accepted liability or agreed that your losses are worth a particular amount.
Before signing a release or accepting a settlement, identify what the payment covers, whether it includes bodily injury, property damage, medical liens, or other claims, and whether it affects any remaining coverage. You do not have to decide a complicated claim from a single phone call. A lawyer can review the policy, evidence, and proposed release before you make a decision.
7. Decide whether the claim needs legal action
If the carrier disputes fault, questions coverage, delays the investigation, requests broad records, or makes an offer that does not account for documented losses, get legal advice promptly. An attorney can investigate the crash, communicate with the carrier, evaluate available policies, and explain the options supported by the evidence.
Do not wait for a settlement conversation to become a lawsuit before thinking about legal strategy. Important deadlines and policy notice provisions can depend on the facts, the policy, and the type of claim. This article intentionally does not give an exact deadline. A Kentucky lawyer can identify the deadlines that apply to your situation.
Which insurance coverage may respond?
The policy that responds depends on the type of loss and the facts. The table below is a general orientation, not a coverage determination.
| Coverage or claim | What it may address | What to confirm |
|---|---|---|
| Uninsured motorist coverage | Bodily injury caused by an at-fault driver with no applicable liability insurance | Policy limits, rejection or selection, exclusions, notice, and proof of fault and injury |
| Underinsured motorist coverage | Injury where the at-fault driver’s available liability limits do not cover the full loss | Whether the other policy applies, available limits, and your policy’s conditions |
| Personal injury protection | Certain medical expenses, lost wages, and similar expenses regardless of fault | Policy limits, deductibles, eligibility, and how benefits coordinate |
| Collision coverage | Damage to the insured vehicle, subject to policy terms | Deductible, repair process, valuation, rental coverage, and subrogation |
| Direct claim or lawsuit against driver | Potential recovery from the at-fault driver personally | Available assets, collectability, defenses, evidence, and applicable deadlines |
What if the crash was a hit-and-run?
A hit-and-run driver may be unidentified rather than confirmed uninsured. Report the crash promptly, preserve video and witness information, and ask your insurer what its policy requires for an unidentified vehicle. Some policies impose specific proof conditions for hit-and-run claims, so do not assume that an unidentified driver will be treated exactly like a confirmed uninsured driver.
If the driver or vehicle is later identified, update the police and your insurer. A change in the available facts may affect which coverage and claim path should be evaluated.
Can you sue an uninsured driver directly?
You may have a legal claim against a driver who caused the crash, but a judgment is not the same as collecting money. A driver without insurance may have limited assets or income, and pursuing a direct claim can involve cost, time, and proof questions. Your own UM coverage may be the more practical source of recovery for bodily injury, but only a review of your policy and facts can determine that.
For a broader explanation of when a Kentucky car accident matter may move toward litigation, read Car Accident Lawsuit in Kentucky: When Filing May Be the Next Step. That article covers the lawsuit path generally; this guide focuses on opening and supporting the uninsured motorist claim.
When should you talk to a Kentucky injury lawyer?
Consider speaking with a Kentucky injury lawyer when the other driver has no insurance, your injuries require ongoing treatment, fault is disputed, the claim involves a hit-and-run, several policies may apply, or the insurer asks you to sign a release. Legal help may also be useful when you are trying to manage medical care, work, bills, and claim communications at the same time.
Rick Hessig Law serves injured people in Louisville and Southern Indiana. Rick Hessig is personally involved in case development, and his attorney and licensed-investigator background supports a careful review of crash evidence. The firm offers a free case evaluation and uses a no-fee-unless-you-win model, while case and court costs may be the client’s responsibility under the Kentucky Bar disclosure.
Request your free case evaluation, or call the KY Injury Hotline at 502-777-1111.
Sources and important information
This article is general educational information for Kentucky crash victims. It is not legal advice and does not create an attorney-client relationship. Insurance coverage, claim handling, and legal deadlines depend on the facts and the policy language. Do not rely on this article to decide what to sign or when to file. Seek advice about your own situation promptly.
For the statutory coverage language, see KRS 304.20-020. For general Kentucky auto insurance and PIP information, see the Kentucky Department of Insurance consumer page.
In accordance with KBA regulations, we must inform you that case and court costs may be the responsibility of the client.