If you receive injuries in an auto accident caused by another driver, Kansas law allows you to recover compensation from the at-fault driver when certain requirements are met. Even though state laws require every driver to carry insurance, the at-fault driver may not have any insurance or the coverage may be inadequate to compensate you for your losses. If an uninsured or underinsured driver injures you, your own auto insurance policy may provide compensation.
Kansas has a no-fault auto insurance system established by the Automobile Injury Reparations Act. Under the system, your own Personal Injury Protection coverage reimburses you for injuries received in an accident, even if another person was at fault. The law allows recovery from an at-fault driver only if medical bills have a reasonable value of $2,000 or more and the injured victim suffered at least one of the following types of injuries:
The Kansas law also requires all drivers to carry minimum auto insurance. Despite that requirement, some drivers violate the law and drive without any insurance at all. In some cases involving serious injuries, even if the at-fault driver does have insurance, the coverage limits may be insufficient to fully compensate an injured victim. In both situations, the uninsured/underinsured driver coverage in the victim’s own insurance policy may provide compensation.
If you’re in an accident caused by someone else, and your injuries exceed the no-fault thresholds, the at-fault driver’s liability insurance policy coverage should provide compensation. That is the reason for making a claim with the other driver’s insurance company. However, an insurance company only pays up to the applicable policy limits. If you’re in an accident that causes serious injuries, the at-fault driver’s liability coverage may be insufficient to fully compensate you, especially if the driver only has the minimum coverage required by law. Even worse, you may discover that the at-fault driver has no insurance at all.
If an at-fault driver has inadequate insurance or no insurance at all, you could still file a lawsuit against the driver to try to recover compensation from their personal assets. But in reality, a driver with no or insufficient insurance likely does not have enough assets to pay a judgment. In that situation, filing a legal action would be a wasted effort and would not recover compensation. Fortunately, your own insurance policy may provide compensation in both of those situations.
One of the types of insurance required in every auto policy under Kansas law is Uninsured / Underinsured Motorist coverage, also known as UM / UIM coverage. The required minimums are $25,000 per person and $50,000 per accident. Both the driver and passengers are covered. Many drivers choose to have higher coverage amounts for UM / UIM, because of the risks of being injured by an at-fault driver with no or inadequate insurance.
UM / UIM coverage in your own policy applies when the driver who caused an accident has inadequate or insufficient liability insurance to fully compensate you. However, recovering under your own policy requires that you file a separate claim with your own company to get reimbursement.
Insurance companies do not always automatically pay on claims filed under the policyholder’s Uninsured or Underinsured Motorist coverage. The company investigates your claim and may still dispute or deny compensation. It’s also important to keep in mind that your own policy limits for underinsured and uninsured coverage apply when you file a UM / UIM claim, so you still may not receive full compensation, even if the UM / UIM claim is paid.
UM / UIM claims with your own insurance company can be very tricky to navigate. In any situation involving significant injuries caused by another driver, including those involving a potentially uninsured or underinsured driver, getting help from a knowledgeable auto accident lawyer is strongly recommended. Your attorney guides you through all the necessary legal processes to recover compensation for your injuries, helping you to access all available avenues for financial recovery. At Sloan Law Firm, we carry as much of the burden of navigating the legal system as possible, so you and your family can focus on recovery, rather than on the legal issues created by the accident.
The personal injury attorneys at Sloan Law Firm have the experience and knowledge to help you handle all aspects of a car accident claim, including Uninsured and Underinsured Motorist claims. From our offices in Topeka and Lawrence, our lawyers assist clients throughout the state. We invite you to contact us by calling (785) 357-6311 or using our online contact form.
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