Dealing with a car accident can be stressful, Legal Advice Car Accident No Insurance but it gets even more complicated when the at-fault driver doesn’t have insurance or has insufficient coverage. If you’re in Kansas and find yourself in this frustrating situation, you’re not alone. Uninsured or underinsured motorists pose a common issue, leaving victims uncertain about compensation for damages and medical expenses.
This blog offers a comprehensive guide on what steps to take after an accident involving an uninsured or underinsured driver, what damages you can pursue, and who will pay for your claims. Read on to understand your legal rights and options.
Types of Damages We Can Pursue in Legal Advice Car Accident No Insurance
If an uninsured or underinsured driver is at fault for the accident, you may be worried about covering the costs of recovery. However, Kansas’ legal system allows claimants to pursue various types of damages, even when the other party doesn’t have adequate insurance. Among the most common damages you might claim are:
1. Medical Expenses
Medical treatment after a car accident can add up quickly, especially if you sustained serious injuries. Damages can cover:
- Emergency room visits
- Doctor appointments
- Surgery
- Physical therapy
- Medication
2. Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost wages. This includes pay for the time you’ve already missed and potential future earnings for extended recovery periods.
3. Property Damage
Your car might have sustained serious damage following the accident. Uninsured or underinsured motorist claims can help pay for vehicle repairs or even replacement.
4. Pain and Suffering
These are non-economic damages designed to compensate you for the emotional and physical distress caused by the accident. While harder to calculate, pain and suffering claims are incredibly valuable in severe cases.
Kansas law requires uninsured motorist (UM) coverage as part of your own auto insurance policy, which should help compensate for these damages.
What if the Driver Flees the Scene?
If the at-fault driver flees the scene, the accident becomes classified as a “hit-and-run.” This complicates the situation, as it’s impossible to rely on the other driver’s insurance (if they even have any).
Your uninsured motorist (UM) coverage is critical here. This policy is designed explicitly for situations like hit-and-runs, stepping in to cover the costs and damages caused by unknown or untraceable drivers. However, filing a UM claim may require you to take extra steps:
- Notify the Police Immediately: Kansas law mandates that hit-and-run accidents be reported to law enforcement. A police report will strengthen your claim.
- Document the Scene: Take photos, note witness information, and record as many details as possible about the incident.
Act quickly when filing a claim; many UM policies include strict deadlines for reporting hit-and-run incidents.
Who Will Pay for My Uninsured Motorist Claim – and How Much?
If you’ve been hit by an uninsured driver or a hit-and-run offender, your insurance company will typically handle the claim under your uninsured motorist (UM) coverage. Kansas requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in UM coverage. Legal Advice Car Accident No Insurance
However, there are nuances to filing these claims. Here’s what you need to know:
- Your Insurance Policy is Key
Your own insurance policy will dictate how much you can recover. Review your policy to understand its coverage limits and exclusions.
- Settlement Negotiation
Even with UM coverage, insurance companies might offer less than what your damages are worth. Having an attorney negotiate on your behalf can help ensure you get the compensation you deserve.
- Underinsured Drivers
If the driver at fault has insurance but not enough to cover your damages, your underinsured motorist (UIM) coverage will come into play. This “fills the gap” between what their insurance pays and the total amount you’re owed.
What to Do After an Accident Caused by an Uninsured Driver
Staying calm and focused after an accident can make all the difference when it comes to building a strong case. Follow these steps to protect yourself legally and financially if the driver is uninsured or underinsured.
1. Call the Police
Always report the incident to the authorities. A police report is an essential document for filing UM claims and can help establish liability.
2. Gather Evidence
- Take photos of the accident scene, vehicle damage, license plates, and any visible injuries.
- Collect witness names and contact information.
- Record all details you can remember about the crash, such as the time, location, and weather conditions.
3. Seek Medical Attention
Your health and safety should be a top priority. Even if you feel fine, schedule a medical check-up, as some injuries take time to become apparent. Legal Advice Car Accident No Insurance
4. File a Claim with Your Insurance Company
Notify your insurer about the accident promptly. Provide all necessary documentation, including the police report and medical records. Legal Advice Car Accident No Insurance
5. Consult an Attorney
If the damages exceed your UM/UIM policy limits or the insurance company disputes your claim, consult a car accident attorney. An experienced attorney can guide you through negotiations, collect evidence, and help you pursue legal action if needed. Legal Advice Car Accident No Insurance
FAQ
Do I need a lawyer for an uninsured motorist claim?
While you’re not legally required to have one, hiring an attorney is highly recommended if your insurer disputes your claim or offers insufficient compensation. Legal Advice Car Accident No Insurance
How long do I have to file a UM claim in Kansas?
Kansas law generally provides two years from the date of the accident to file a claim or lawsuit. However, check the specific terms of your insurance policy for any additional deadlines. Legal Advice Car Accident No Insurance
What happens if I was also uninsured during the accident?
If you were uninsured, Kansas law prevents you from suing for non-economic damages like pain and suffering. However, you may still be able to recover economic damages (e.g., medical costs, vehicle repairs) if you were not at fault. Legal Advice Car Accident No Insurance
Secure the Compensation You Deserve
Getting into an accident with an uninsured or underinsured driver can feel overwhelming, but you don’t have to go through it alone. By understanding your legal rights and knowing how to approach your insurance claim, you can protect both your financial and physical well-being. Legal Advice Car Accident No Insurance
If you’re navigating a difficult uninsured motorist claim or need legal advice, contact an experienced attorney today for guidance tailored to your situation. Legal Advice Car Accident No Insurance
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