Car runs over a pedestrian crossing road

Can I Still File a Claim If I Was Involved in a Hit & Run? 

The Berger Firm Oct. 18, 2022

Every year, many Kentucky residents are injured or killed in hit-and-runs. Getting injured in any form of accident can be an overwhelming experience. Your situation can become even more complicated and traumatic if the driver flees the accident scene without providing any assistance or identification information.  

Fortunately, the no-fault laws in Kentucky allow accident victims to pursue compensation by filing claims with their own insurer (PIP Policy), notwithstanding the at-fault party. It is wise to speak with a Kentucky personal injury attorney that can assist you in the claims process when involved in a hit-and-run accident.  

Our trusted attorneys at The Berger Firm enjoy supporting and representing clients in their hit-and-run accident cases. We have everything necessary to explore every aspect of your specific situation, fight for your best interests, and help you seek your rightful compensation. We’re proud to serve clients across Covington, Kentucky, and surrounding areas of Greater Cincinnati or Northern Kentucky, including Florence and Newport. 

Kentucky Is a Choice No-Fault Insurance State 

Kentucky is a "choice no-fault" state. According to the state’s no-fault system, accident victims are required to turn to their insurance providers (PIP policy) in order to pursue compensation for medical bills, lost wages, and other accident-related financial losses, irrespective of the at-fault driver. 

As a result, motorists across the Commonwealth of Kentucky are required to have auto insurance coverage – known as Personal Injury Protection (PIP) policy. The PIP benefits will cover up to $10,000 for medical costs, lost income/wages, and other "out-of-pocket" expenses resulting from the accident – up to the coverage limit. 

Opting Out of the No-Fault System in Kentucky 

However, you may be eligible to opt out of the no-fault system in Kentucky and file a third-party claim or lawsuit against the at-fault party if your injuries meet any of these thresholds: 

  • The accident resulted in at least $1,000 in medical expenses. 

  • You suffered a permanent injury, permanent disfigurement, displaced, compressed, or compound fracture, permanent loss of body function, or fracture of a weight-bearing bone. 

However, you can file a claim against the at-fault driver if they were identified. A practiced Kentucky car accident attorney can assess the extent of your injuries and losses and determine how to pursue damages from the underinsured, uninsured, or unidentified at-fault driver.   

Uninsured or Underinsured Motorist Provision 

In the Commonwealth of Kentucky, motorists have the option of purchasing both underinsured (UIM) and uninsured (UM) motorist insurance coverage. The insurance carrier must offer interested drivers at least: 

  • $25,000 in uninsured motorist coverage for bodily injury per person, or 

  • Up to $50,000 for bodily injury per accident. 

In the event that you sustain significant injuries, damages, or losses in an accident where the at-fault driver has low insurance or insufficient coverage limits, the UIM/UM policy will help cover the accident-related expenses, including medical bills and lost wages. A knowledgeable attorney can educate you about the next steps to take when involved in an accident caused by a hit-and-run motorist. 

Steps to Take if You Were in a Hit and Run 

If you were involved in a hit-and-run accident, you should take the following steps where possible: 

  • Remain calm and get to safety. Resist any urge to go after the driver running away from the accident scene. 

  • Take notes of various details such as the car manufacturer, model, color, license plate number, or other unique identifying marks. 

  • Take mental notes about the driver, including the driver's appearance, facial hair, gender, estimated age, outfit, or eyeglasses. 

  • Call 911 to get immediate medical treatment for your injuries. 

  • Talk to accident scene witnesses. Get their contacts. 

  • Collect and document available evidence, including accident scene photos, surveillance video footage, your personal account of the accident, and pictures of your injuries. 

  • Report the accident to the nearest police department. 

  • Notify your insurance carrier about the hit-and-run accident. 

  • Hire a trusted lawyer to help file your injury claims and negotiate a reasonable settlement with the insurer. 

However, it is essential that you take the aforementioned steps as soon as possible to avoid misplacing important documents or forgetting vital information. Get in touch with a compassionate personal injury attorney immediately after a hit-and-run accident. Your legal counsel can explore your available legal options to seek damages and determine the best course of action.   

Get Trusted Legal Guidance and Support Today 

Being involved in a hit-and-run accident can be very emotional and traumatizing. Regardless, you don’t have to suffer the pain, financial liability, and challenges all alone. At The Berger Firm, we deliver vigorous representation, support, and clear direction to hit-and-run accident victims in their injury claims.  

Even if the negligent driver was uninsured, underinsured, penniless, or never identified, we can fight compassionately for your legal rights and help you pursue the maximum possible compensation for your injuries. Having our team on your side can improve your chances of the most favorable outcome in your hit-and-run accident case.  

If you or a loved one were involved in a hit-and-run accident, you may pursue fair financial compensation. Contact The Berger Firm today to arrange a simple case assessment with our well-informed team. Our firm proudly serves clients across Covington and surrounding areas of Greater Cincinnati or Northern Kentucky, including Florence and Newport, Kentucky.