Question 1

Does Kentucky allow UM/UIM stacking?

Accepted Answer

The statutes we read do not say. Secondary sources report that Kentucky courts have allowed stacking where an insurer charged separate UM/UIM premiums for each vehicle, treating an anti-stacking clause as defeating the insured's reasonable expectations, and that second-class insureds such as guest passengers cannot stack. We did not read the decisions, so check your declarations page for per-vehicle charges and ask an attorney.

Question 2

Is underinsured coverage automatic in Kentucky?

Accepted Answer

No. Uninsured motorist coverage must be provided unless a named insured rejects it in writing, but insurers must make underinsured coverage available only upon request (KRS 304.20-020 and 304.39-320).

Question 3

How does Kentucky UIM pay when the other driver has insurance?

Accepted Answer

It pays the uncompensated damages you recover because the judgment exceeds the other driver's liability limits, up to your UIM limit, and your insurer gets a credit against your total damages for the other driver's full limits even if you settled for less (KRS 304.39-320(2) and (5)).

Question 4

Do I need my insurer's permission to settle with the at-fault driver?

Accepted Answer

If the settlement would not fully satisfy your claim, you must send written notice by certified or registered mail to each UIM insurer. It has 30 days to consent or to pay you the amount of the liability insurer's offer and keep its subrogation rights; if it does not respond, you may sign a full release without prejudice to your UIM claim (304.39-320(3) and (4)).

Question 5

How does Kentucky no-fault affect my claim?

Accepted Answer

Tort liability is abolished to the extent the $10,000 of basic reparation benefits is payable. You may recover for pain and suffering only if medical expense benefits exceed $1,000 or the injury is a listed one, and a tort action must be filed within 2 years after the injury or the last no-fault payment (KRS 304.39-060 and 304.39-230(6)).

Kentucky UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Kentucky's UIM works on top of the other driver's limits, and stacking turns on how you were charged

Kentucky UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Kentucky's UIM works on top of the other driver's limits, and stacking turns on how you were charged

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