If the driver who caused your crash has insurance but the available coverage may not cover your losses, you may be asking how to make an underinsured driver claim in Kentucky. The process usually starts with identifying every potentially relevant policy, documenting your injuries and losses, and understanding how a proposed settlement with the other driver could affect a claim under your own policy. The details matter, so do not assume that a claim is covered or that an insurer will handle every step for you.
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How to Make an Underinsured Driver Claim in Kentucky: 6 Steps
An underinsured motorist claim, often called a UIM claim, may come into play when another driver is responsible for a crash and that driver’s available liability insurance is not enough to cover the losses. A UIM claim is generally made under coverage in your own auto policy, if your policy includes applicable coverage and its requirements are met. It is different from a claim involving a driver with no insurance at all.
Having a serious injury or large bills does not by itself establish that UIM benefits are available. The policy wording, the facts of the crash, the other driver’s insurance limits, the value and documentation of the losses, and the policy’s procedures can all matter. Your insurer may review the claim, and it may disagree about coverage, fault, damages, or the amount payable.
This article focuses on a possible UIM claim, not on pursuing an uninsured driver directly. If there is no insurance for the other driver, see our guide to claims involving an uninsured driver in Kentucky. For a broader look at dealing with insurers after a wreck, read how to handle an auto insurance claim after a Kentucky crash.
How do you start an underinsured driver claim in Kentucky?
There is no one-size-fits-all checklist that guarantees coverage. These steps can help you organize the issue and ask the right questions while you confirm the applicable policy terms and requirements.
1. Get medical care and keep a record of your treatment
Your health comes first. Seek medical attention immediately for your injuries. Follow the instructions of your medical providers and keep copies of visit summaries, test results, referrals, prescriptions, and bills. If symptoms change or you receive additional treatment, record the dates and keep the related paperwork.
Medical records help show what care you received and when. They do not automatically prove that every symptom was caused by the crash, so be accurate when speaking with providers and insurers. Do not delay care because you are unsure how an insurance claim will work.
2. Identify the insurance policies that may apply
Gather your own auto policy and declarations page, any renewal documents, and the other driver’s insurance information. The declarations page can help identify listed coverages and limits, but it may not contain all terms or exclusions. Review the full policy if you have it. If you share a household or were driving a vehicle you do not own, there may be additional policy questions; do not assume a particular policy applies without checking.
Ask your insurer how to report a potential UIM claim, what claim number to use, and which documents it needs. Make a note of the date, the name or role of the person you spoke with, and any instructions. Ask for important directions in writing. Opening a claim or receiving a claim number does not mean that coverage has been accepted.
3. Preserve crash and insurance records
Keep the crash report, photographs, witness contact details, repair estimates, towing or rental records, and messages from any insurer. Save copies of forms and letters you send, along with delivery or submission confirmations. If you have not already done so, our car accident checklist offers more ideas for organizing information after a collision.
Do not edit or discard original photos or documents. A simple folder, digital or paper, can help you track what has been requested and what remains outstanding. Separate bills from payment explanations, and note when an insurer says it has received a record.
4. Document the losses you are claiming
Make a running list of crash-related losses, including medical care, time away from work, vehicle damage, and other expenses you can document. Keep bills, wage information, receipts, and relevant correspondence. If you are not sure whether an item is part of a potential claim, keep the record and ask before discarding it. Do not estimate a final claim value based only on a quick online calculation.
For injury claims, the full picture may take time to develop. Future care or lasting effects can be difficult to evaluate early. A settlement that resolves claims may affect your ability to seek more money later, so understand what a proposed release covers before signing it.
5. Ask how the other driver’s policy and any settlement affect UIM
Find out what the at-fault driver’s insurer has offered, what claims the offer would resolve, and whether the offer requires a release. Before accepting an offer or signing a release, review your own policy and ask your UIM insurer what notice, documentation, or approval it requires. Do not assume the two insurers will coordinate every detail.
Kentucky’s underinsured motorist statute addresses a process that includes written notice of a proposed settlement to the underinsured motorist carrier by certified or registered mail. Read the current Kentucky statute on underinsured motorist coverage and your policy, and get case-specific guidance before relying on an informal call or email as notice. The precise requirements and how they apply can depend on the circumstances. This is an important reason to pause before finalizing a settlement with the other driver.
6. Submit requested information and keep communicating carefully
Respond to reasonable requests in a timely way, but read each form before signing it. Ask what a medical authorization covers, which time period it reaches, and whether it can be narrowed to relevant records. Keep copies of every signed document. If a request seems broader than necessary or you do not understand its purpose, ask questions before you agree.
Be truthful and consistent when describing the crash and your injuries. Avoid guessing about facts you do not remember. Keep conversations focused, and follow up on important verbal instructions in writing. For more on organizing insurer communications, see how to report a car accident.
What may happen after you report a potential UIM claim?
Reporting the claim is a starting point, not a decision on whether the policy will pay. The exact process depends on the policy and facts. You can make it easier to follow by asking the insurer what stage the claim is in and what it needs next. Keep a dated note of each answer rather than relying on memory.
At the outset, confirm that the insurer has the correct contact information, claim number, and policy details. Ask whether it needs a written notice of the potential claim, a copy of the other driver’s insurance information, or any specific forms. If you send records through a portal, email, or mail, save a copy and confirmation showing what was submitted and when. If a document is missing, ask whether the insurer can continue reviewing other materials while you obtain it.
The insurer may gather information about how the crash happened, the available liability coverage, your treatment, and the losses you report. It may ask follow-up questions or request additional records. An acknowledgement, request for documents, or discussion of settlement is not necessarily an agreement that coverage applies. If an insurer explains a position, ask whether it can provide the explanation in writing and identify the policy language or facts it is relying on.
It can help to separate questions into three groups: whether the policy may cover the situation, what facts are disputed, and what documentation is still needed to evaluate losses. For example, a coverage question is different from a request for a missing medical bill; a disagreement about fault is different from a question about the scope of a release. Addressing one issue at a time can make the next step clearer and help prevent an important request from getting lost.
Before you respond to a settlement offer or release, request a free case evaluation to discuss the documents and next steps.
Which records can help you track the process?
A claim often involves more than one insurer and more than one set of records. This table is a practical organizer, not a complete list of legal or policy requirements. Ask the relevant insurer what it needs for your situation.
| Information or record | Why it can matter | What to do |
|---|---|---|
| Your auto policy and declarations page | Identifies potential coverage and where to look for terms | Save the full policy and ask the insurer about applicable UIM provisions |
| Other driver’s policy and offer | Helps you understand the liability coverage and any proposed resolution | Keep the offer, policy-limit information provided, release, and related letters |
| Medical and wage records | Documents care and claimed financial losses | Keep bills, visit records, work information, and dated updates together |
| Crash evidence | Helps preserve facts about how the collision happened | Save the report, original photos, witness details, and repair documents |
| Notice and insurer communications | Shows what was sent, when it was sent, and what each insurer said | Keep copies, delivery confirmations, claim numbers, and a call log |
How can you keep the claim organized?
When two insurers are involved, it is easy to confuse which company requested a document or which offer came from which adjuster. A short claim log can reduce that confusion. Use one page or spreadsheet with separate entries for the date, the person or company contacted, the subject, what was promised or requested, and the next follow-up date. Note whether you received the instruction in a letter, email, portal message, or phone call.
Store documents in clearly labeled folders, such as “policy,” “other driver’s insurer,” “UIM insurer,” “medical,” “work and expenses,” and “crash evidence.” Keep original files unchanged and create copies for sharing. A brief cover note can identify the date range and type of records in a submission. If you send several items, list them so both you and the recipient can see what was included. If the insurer later says something is missing, your log and submission list can help you check whether it was sent and decide what to resend.
Try not to treat every request as the same kind of issue. An insurer asking for a bill may need one specific record; a request to sign a release may resolve rights beyond that single expense. Read the document title and the entire form, not just the signature page. Ask what the form is intended to do, what claims it releases, and whether signing it affects another insurer’s claim process. If you cannot tell, pause and seek clarification before signing.
What should you avoid before resolving a UIM claim?
- Do not assume that having UIM coverage guarantees payment. Coverage, liability, damages, and policy conditions still need to be addressed.
- Do not settle the claim against the other driver without checking the effect on UIM. A release or settlement may trigger notice or other policy and legal issues.
- Do not rely on a single conversation as your only record. Keep written copies and proof of delivery for important notices and documents.
- Do not guess at an injury value or rush to close the claim. The medical course and the scope of a release can affect what a settlement resolves.
- Do not ignore requests or letters. Ask for clarification if you do not understand a request, and keep track of response dates stated by the insurer or in your policy.
There can be deadlines under policies or law, but this guide does not state a specific deadline or tell you which one applies. Do not wait to ask about timing. The required date can depend on the policy, claim, and facts, and a lawyer can review the documents with you.
When may it help to ask a lawyer about a UIM claim?
Consider getting legal guidance if you have significant injuries, the other driver’s insurer has made an offer, you are asked to sign a release, the UIM insurer disputes coverage or responsibility, or you are unsure how to give notice. It may also help if the insurers give you conflicting instructions or you cannot tell which policy documents control.
At a case evaluation, you can ask what documents to gather, how a proposed settlement may affect a UIM claim, what steps may need attention, and who will communicate with the insurers. You can also ask what the lawyer’s fee agreement covers and how case expenses are handled. A conversation does not promise representation, coverage, a settlement, or a particular result.
Rick Hessig Law represents car accident victims in Louisville and the surrounding Kentuckiana area, including Southern Indiana. Rick Hessig is personally involved in the practice and brings investigative experience to case development. Learn more about questions to consider when choosing help with a Kentucky motorist claim or about how to choose a car accident lawyer.
The firm handles cases on a contingency-fee basis: No Fee Unless You Win, with no upfront attorney fee. In accordance with KBA regulations, we must inform you that case and court costs may be the responsibility of the client. Review the written fee agreement so you understand how fees and costs are addressed in your matter.
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Frequently asked questions
Is a UIM claim the same as an uninsured-driver claim?
No. A UIM claim may involve a driver who has liability insurance, but whose available coverage may not cover the losses. An uninsured-driver claim concerns a driver with no applicable insurance. Your policy and the facts determine what coverage may apply.
Should I accept the other driver’s insurance offer first?
Do not assume you should accept or reject an offer before checking your own policy and the effect a settlement or release could have on potential UIM coverage. Kentucky law addresses written notice of a proposed settlement to the UIM carrier. Get guidance about the required steps before signing or finalizing an agreement.
Does opening a UIM claim mean my insurer has approved it?
No. Reporting a claim or receiving a claim number is not the same as an acceptance of coverage or payment. The insurer may need documents and may evaluate coverage, fault, and losses under the policy.
What should I bring to a case evaluation?
If available, bring your policy, the other driver’s insurance information, any offers or releases, crash records, medical bills and records, wage documentation, and insurer correspondence. Do not delay requesting an evaluation just because you are still collecting documents.
Every underinsured motorist claim depends on its policy and facts, so review proposed settlements carefully and ask for help when you are unsure about the next step.