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How can I sue for a hit-and-run injury?

On Behalf of | May 11, 2023 | Personal Injury |

In car crash incidents, it is standard for involved parties to exchange contact details for a smoother claiming process with the insurance companies or if the policy coverage is insufficient to cover the injury. But what if the person responsible for the crash drives away without leaving their information?

Kentucky is a no-fault state

It is important to note that in Kentucky, individuals who get injured in a car crash must claim from their respective personal injury protection (PIP) policies, regardless of who is responsible for the collision. So technically, it does not matter if the driver at fault runs away. However, there are exceptions, including:

  • Maxed out PIP: Victims who incur at least $1,000 in medical treatment costs or suffer permanent disfigurement or severe injuries usually max out their PIPs. So, Kentucky allows them to go after the driver at fault.
  • Rejection of the no-fault system: If the vehicle owner opts out of the no-fault system when availing of their insurance policy, they have the right to sue the responsible driver for damages.

Finding the driver at fault

For victims who choose to go after the driver for damages, it can be frustrating to go the extra mile to find the responsible party. Fortunately, today’s technology makes it easier to trace irresponsible drivers. One of the most accessible ways to trace the driver at fault is by checking your car’s dashcam for recordings of the driver’s appearance, plate number and car model. You can also request nearby vehicles or establishments for recordings from their dashcams and CCTV cameras.

What if you do not find the driver?

If you are unable to identify the driver at fault, then you can file a claim against your uninsured motorist (UM) insurance, unless you rejected that option during the purchase of your coverage. The UM insurance usually covers an accident wherein the liable driver is uninsured or underinsured. Fortunately, hit-and-runs fall under this coverage.

Victims often find themselves in a challenging position after having to go through such a traumatizing experience. Understanding Kentucky car crash laws can help them navigate to their next step.