Uninsured/Underinsured Motorist Complaint - Kentucky

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

Commonwealth of Kentucky — Circuit Court

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Information
5. Coverage Type — UM vs. UIM
6. Facts of the Accident
7. Uninsured/Underinsured Status of At-Fault Driver
8. Exhaustion of Liability Coverage and Settlement Notice
9. Breach of Contract
10. Bad Faith (If Applicable)
11. Damages
12. Stacking Allegations
13. Arbitration vs. Litigation
14. Prayer for Relief
15. Verification
16. Kentucky Practice Notes

1. CAPTION

COMMONWEALTH OF KENTUCKY

[____] CIRCUIT COURT

[____] COUNTY

COMPLAINT FOR UNINSURED/UNDERINSURED MOTORIST BENEFITS

2. PARTIES

2.1 Plaintiff

1. Plaintiff, [PLAINTIFF FULL LEGAL NAME], is an individual who at all relevant times resided at [________________________________], [CITY], [____] County, Kentucky [__________].

2. Plaintiff was, at the time of the incident, a named insured or covered person under a motor vehicle insurance policy issued by Defendant.

2.2 Defendant — Insurance Company

3. Defendant, [INSURANCE COMPANY FULL LEGAL NAME], is an insurance company authorized to transact motor vehicle insurance business in the Commonwealth of Kentucky, with its principal place of business at [________________________________].

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to KRS § 23A.010 (Circuit Court general jurisdiction), the amount in controversy exceeding $5,000.

5. Venue is proper in [____] County because (select the ground supported by the facts):

☐ Defendant's principal office or place of business is in this county. KRS § 452.445.
☐ This claim arises from a transaction with Defendant's agent that took place in this county. KRS § 452.445.
☐ No preceding venue provision requires another county, and Defendant resides or was summoned in this county. KRS § 452.480.

4. INSURANCE POLICY INFORMATION

6. At all relevant times, Plaintiff was insured under a motor vehicle insurance policy issued by Defendant, Policy No. [________________________________], effective from [__/__/____] to [__/__/____].

7. The policy provided the following relevant coverages:

☐ Uninsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Underinsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Bodily Injury Liability: $[________] per person / $[________] per accident
☐ Basic Reparation Benefits (BRB/PIP): $[________]
☐ Property Damage Liability: $[________]

8. Plaintiff paid all required premiums and fulfilled all conditions precedent under the policy.

5. COVERAGE TYPE — UM vs. UIM

9. This claim is brought under (select applicable):

☐ Uninsured Motorist (UM) Coverage — The at-fault driver maintained no applicable bodily injury liability insurance at the time of the accident, under KRS § 304.20-020.

☐ Underinsured Motorist (UIM) Coverage — The at-fault driver maintained bodily injury liability insurance with limits insufficient to compensate Plaintiff for the full extent of damages, under KRS § 304.39-320.

☐ Uninsured Motorist (UM) Coverage — Hit-and-Run — The at-fault vehicle left the scene and the owner/operator cannot be identified.

☐ Uninsured Motorist (UM) Coverage — Insurer Insolvency — The at-fault driver's insurer is or has become insolvent per KRS § 304.20-020.

6. FACTS OF THE ACCIDENT

10. On or about [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [CITY], [____] County, Kentucky.

11. At said time and place, a motor vehicle operated by [AT-FAULT DRIVER NAME, if known] (hereinafter "Tortfeasor") collided with Plaintiff's vehicle.

12. The collision occurred under the following circumstances: [________________________________]
    [________________________________]
    [________________________________]

13. The Tortfeasor was negligent in one or more of the following respects:

☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way
☐ Operating at an excessive or unreasonable speed
☐ Following too closely in violation of KRS § 189.340
☐ Operating a vehicle while under the influence of alcohol or drugs (KRS § 189A.010)
☐ Violating applicable Kentucky traffic laws, specifically: [________________________________]
☐ Other: [________________________________]

14. As a direct and proximate result of the Tortfeasor's negligence, Plaintiff sustained serious bodily injuries, pain, suffering, and economic losses.

7. UNINSURED/UNDERINSURED STATUS OF AT-FAULT DRIVER

15. The Tortfeasor's vehicle qualifies as an uninsured/underinsured motor vehicle because (select applicable):

☐ No bodily injury liability insurance was in effect at the time of the accident
☐ The applicable insurer has denied coverage or disclaimed liability
☐ The applicable insurer is or has become insolvent
☐ The vehicle is a hit-and-run vehicle whose owner/operator cannot be identified
☐ The bodily injury liability limits ($[________]) are less than Plaintiff's total damages

16. [If UIM:] The Tortfeasor maintained bodily injury liability insurance through [________________________________] with limits of $[________] per person / $[________] per accident, which are insufficient to fully compensate Plaintiff.

8. EXHAUSTION OF LIABILITY COVERAGE AND SETTLEMENT NOTICE (UIM Claims)

17. [If applicable:] The Tortfeasor's liability insurer offered $[________] toward a proposed settlement; its policy limit is $[________]. For a policy governed by the 2024 amendment to KRS § 304.39-320, a settlement may be for less than the full liability limit. State the payment actually received: $[________].

18. Settlement Notice (if a proposed settlement creates a UIM claim): Plaintiff sent written notice of the proposed settlement by certified or registered mail to each UIM insurer providing coverage on [__/__/____], before executing a release. Defendant received that notice on [__/__/____]. Identify the mailing record: [________________________________].

19. Defendant responded to said notice by (select applicable):

☐ Consenting to the settlement
☐ Paying the amount of the liability insurer's written offer within 30 days after receiving notice to preserve subrogation rights
☐ Failing to respond within the 30-day period
☐ Other: [________________________________]

20. Despite the Tortfeasor's payment, Plaintiff's damages exceed the available liability limits, entitling Plaintiff to UIM benefits.

9. COUNT I — BREACH OF CONTRACT

21. Plaintiff re-alleges and incorporates all preceding paragraphs.

22. The insurance policy constitutes a valid and enforceable contract between Plaintiff and Defendant.

23. Plaintiff has performed all conditions required under the policy, including timely notice, cooperation with investigation, payment of premiums, and providing settlement notice per KRS § 304.39-320.

24. Defendant has breached the contract by failing and refusing to pay UM/UIM benefits owed to Plaintiff under the policy and applicable Kentucky statutes.

25. As a direct and proximate result of Defendant's breach, Plaintiff has been damaged.

10. COUNT II — BAD FAITH (If Applicable)

26. Plaintiff re-alleges and incorporates all preceding paragraphs.

27. Under Kentucky law, Defendant owed Plaintiff a duty of good faith and fair dealing in the handling of the UM/UIM claim.

28. Defendant violated this duty and KRS § 304.12-230 (Unfair Claims Settlement Practices) by engaging in the following conduct:

☐ Failing to conduct a reasonable and timely investigation
☐ Unreasonably delaying the processing and payment of benefits
☐ Denying the claim without a reasonable basis in law or fact
☐ Failing to attempt a prompt, fair, and equitable settlement when liability was reasonably clear
☐ Not attempting in good faith to effectuate prompt and fair settlement of claims in which liability has become reasonably clear
☐ Compelling the insured to institute litigation to recover amounts due under the policy
☐ Other: [________________________________]

11. DAMAGES

29. As a direct and proximate result of the accident and Defendant's failure to pay benefits, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[________]
☐ Future medical expenses: $[________]
☐ Past lost wages/income: $[________]
☐ Future lost earning capacity: $[________]
☐ Pain and suffering: $[________]
☐ Mental anguish and emotional distress: $[________]
☐ Loss of enjoyment of life: $[________]
☐ Permanent impairment/disfigurement: $[________]
☐ Loss of consortium (if applicable): $[________]
☐ Punitive damages on the statutory-violation tort claim, if oppression, fraud, or malice is proved by clear and convincing evidence (KRS 411.184; 411.186): $[________]
☐ Attorney fees and costs: $[________]

12. STACKING ALLEGATIONS

30. ☐ Plaintiff asserts the right to stack UM/UIM coverages across multiple vehicles insured under the same policy and/or across multiple policies.

31. ☐ Plaintiff contends that the policy does not contain a valid anti-stacking clause.

32. ☐ Plaintiff contends the anti-stacking provision is unenforceable under Kentucky law because: [________________________________]

13. ARBITRATION VS. LITIGATION

33. ☐ The policy does not contain a mandatory arbitration clause, and Plaintiff elects to pursue this claim through litigation.

34. ☐ The policy contains an arbitration clause, but Plaintiff contends it is unenforceable because: [________________________________]

35. ☐ Plaintiff has completed arbitration and seeks judicial confirmation or review of the award.

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

a. Compensatory damages in an amount to be determined by the jury;

b. UM/UIM policy benefits in the full amount owed under the policy;

c. Pre-judgment interest at the statutory rate per KRS § 360.010;

d. Post-judgment interest as provided by law;

e. Punitive damages on the claim for injury from an unfair settlement practice under KRS §§ 304.12-230 and 446.070, if supported by the facts and the requirements of KRS §§ 411.184 and 411.186;

f. Reasonable attorney fees and costs of litigation;

g. All other relief to which Plaintiff may be justly entitled.

JURY TRIAL DEMANDED

15. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], being first duly sworn, state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

SUBSCRIBED AND SWORN to before me this [____] day of [________________], [____].

Notary Public, Commonwealth of Kentucky
Jurisdiction of notarial act: Commonwealth of Kentucky, County of [____________]
Printed name: [________________________________]
My commission expires: [__/__/____]
Commission number: [________________]

RESPECTFULLY SUBMITTED,

[________________________________]
Attorney for Plaintiff
Kentucky Bar Association No. [________________]
[________________________________]
[________________________________]
[CITY], Kentucky [__________]
Telephone: [________________________________]
Email: [________________________________]

16. KENTUCKY PRACTICE NOTES

Statutory Framework:

• UM Coverage (KRS § 304.20-020): The policy must include UM coverage unless a named insured rejected it in writing. Check the policy and any written rejection before alleging coverage; the statute also addresses insurer insolvency.
• UIM Coverage (KRS § 304.39-320(2)): The insurer must make UIM coverage available upon request. Check whether the insured requested and obtained it; do not assume it was included.
• Minimum liability limits: $25,000/$50,000/$25,000 (KRS § 304.39-110).

Settlement Notice Requirement (CRITICAL):

• For a proposed settlement that would create a UIM claim, KRS § 304.39-320(3) requires notice by certified or registered mail to every UIM insurer providing coverage before release.
• The UIM insurer has 30 days to consent, fail to respond, or preserve subrogation by paying the amount of the liability insurer's written offer; that offer may be below policy limits. The 2024 amendments apply to policies issued or renewed on or after April 2, 2024.
• Check notice and release dates before pleading preservation of the UIM claim.
• To preserve subrogation after refusing consent, the UIM carrier must timely pay the injured party the amount of the liability insurer's written offer (KRS § 304.39-320(4)).

2024 Statutory Amendment:

• The general UIM credit is the tortfeasor's liability-policy limits, even after a below-limits settlement. The narrower actual-payment credit applies when full liability limits are distributed among multiple injured persons under a reasonable pro rata settlement (KRS § 304.39-320(5)).

No-Fault / MVRA:

• Kentucky is a "choice" no-fault state under the Motor Vehicle Reparations Act (MVRA).
• Tort threshold: Medical expenses exceeding $1,000, or fracture, disfigurement, permanent injury, loss of body function, or death (KRS § 304.39-060(2)).
• Basic reparation benefits (BRB) of $10,000 are mandatory (KRS § 304.39-020).

Statute of Limitations:

• Personal injury: KRS § 413.140(1)(a) generally supplies one year. For a tort action governed by the Motor Vehicle Reparations Act, KRS § 304.39-230(6) allows two years after injury, death, or the last qualifying reparation payment, whichever occurs later. Determine which claim and accrual rule applies.
• Written contract: KRS § 413.090(2) supplies fifteen years for contracts executed before July 16, 2014; KRS § 413.160 supplies ten years for contracts executed after July 15, 2014, unless another statute applies. Check the policy's limitation clause and any claim-specific rule before selecting a filing date.

Comparative Fault:

• Kentucky applies pure comparative fault (KRS § 411.182) — plaintiff's recovery reduced by percentage of fault but not barred.

SOURCES AND REFERENCES

• KRS § 304.20-020 — Uninsured Vehicle Coverage
• KRS § 304.39-320 — Underinsured Motorist Coverage; Effect of Settlement
• Kentucky UM & UIM Coverage Overview
• 2024 Kentucky Law Protecting Victims
• Kentucky Uninsured Motorist Laws