If you were injured in an accident caused by someone without insurance, or with too little, understanding your legal options can be the first step toward protecting your finances and your future. The team at Mann Wyatt Tanksley Injury Attorneys helps clients like you navigate the legal process. If you need guidance, a Wichita uninsured motorist lawyer can help you protect your rights and pursue compensation.
First Steps After the Crash
After a collision, your first priority is safety and medical attention. But if you’re physically able to do so, there are some critical actions to take immediately at the accident scene.
Gather Key Details
Try to collect the uninsured driver’s name, phone number, license plate number, and vehicle description. If there are witnesses nearby, ask for their contact information. Take clear photos of the crash scene, vehicle damage, street signs, skid marks, and any visible injuries. These details may prove vital when you file your claim.
Get Checked Out by a Doctor
Even if you feel fine, it’s a good idea to get examined after the accident. Internal injuries and whiplash symptoms can take time to develop. Prompt medical documentation supports your personal injury claim, especially if symptoms show up days later and medical treatment becomes ongoing.
What to Do in the Days and Weeks Following the Accident
Once the initial shock wears off, there’s still a lot to do, especially when dealing with an uninsured driver. Here are the most important steps to take in the aftermath.
Track Your Medical Expenses
Keep a record of all appointments, medications, therapy, and related medical costs. This not only aids recovery but provides evidence for your claim.
Stay Off Social Media
Insurance adjusters may scan your social accounts for anything that contradicts your claim. Even casual photos can be misinterpreted. To protect your case, its advisable to avoid posting until it’s resolved.
Don’t Accept the First Offer
Insurers may offer a quick payout that doesn’t reflect the true value of your losses. Review any offer with a Wichita uninsured motorist lawyer who can evaluate whether it covers both economic damages and non-economic damages such as mental anguish or diminished quality of life.
Talk to a Lawyer Early
Hiring personal injury lawyers with years of experience in UM/UIM claims can make all the difference. Insurers focus on reducing liability and paying as little as possible. A skilled trial attorney can push back, especially in personal injury cases involving long-term care or complex liability.
Determining Who’s Liable in an Uninsured Driver Accident
Being uninsured doesn’t automatically make a driver liable. Fault is based on negligence and can involve multiple parties.
If the negligent driver broke traffic laws or drove recklessly, they are likely responsible for the damages. But in some cases, third parties may also be liable, such as:
- Vehicle manufacturer, if a defective part caused the crash
- Mechanic or repair shop if shoddy work led to failure
- Government agencies if dangerous road conditions played a role
An attorney can investigate these angles and build a stronger case for you.
What You Can Recover After an Accident With an Uninsured Motorist
Kansas is a no-fault state, so your own PIP coverage is your first source of relief after a motor vehicle accident. It helps with medical care, lost income, and household services regardless of who caused the crash.
What PIP Covers
- Emergency medical attention and treatment
- Temporary or permanent disability assistance
- Burial costs in Wrongful Death cases
What Uninsured Motorist Coverage Includes
Uninsured motorist coverage is mandatory under Kansas law. Thus, drivers are required to have at least:
- $25,000 for bodily injury per person
- $50,000 per accident
If your injuries are severe, these limits may not cover everything. That’s when consulting a personal injury attorney becomes essential.
When You Can Sue the Uninsured Driver
If underinsured motorist coverage and PIP benefits are exhausted, your lawyer may recommend filing a lawsuit. This could allow you to recover:
- Additional medical costs
- Pain and suffering
- Permanent injuries like traumatic brain injuries or a head injury
- Diminished future earnings
- Property damage
- Long-term care
Lawsuits can be risky if the uninsured driver has no assets. But in some cases, it’s the only path to full compensation.
Kansas Vehicle Insurance Requirements: What the Law Says
Under Kansas statute, every policy must include:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
- PIP coverage
- Uninsured motorist coverage
These amounts may be too low to handle serious truck accidents or motorcycle accidents, which often result in catastrophic injuries.
When Minimum Coverage Isn’t Enough
Even when you're properly insured, PIP and UM policies may not be enough. For example:
- Long-term care for traumatic brain injuries
- Paralysis from spinal trauma
- Emotional trauma or mental anguish from a Run Accident
When limits are exceeded, an experienced lawyer can explore filing against additional fault parties, including employers or vehicle manufacturers.
Why Hiring a Lawyer Can Make or Break Your Case
Navigating insurance claims and the legal process is tough alone. A qualified personal injury attorney will:
- Examine your insurance claims for missed benefits
- Handle communication with adjusters
- Help you meet deadlines
- Prepare for court if needed
- Maximize your case results
Choosing a firm with a proven track record and real legal experience is critical. That’s especially true when dealing with a vehicle wreck caused by someone with no coverage.
What If the Uninsured Driver Was a Repeat Offender?
Prior citations or arrests, like driving without insurance or being a drunk driver, can strengthen your case. Judges may consider these past offenses when deciding fault or awarding damages. Your legal team can request police reports and prior records to support your claim.
Timeline for Filing a Lawsuit in Kansas
According to Kansas statute, your time is usually limited to 2 years from the accident date for personal injury claims
Delaying could mean losing your right to compensation. That’s why it’s important to consult with an attorney as soon as possible.
How a Lawsuit Against an Uninsured Driver Might Play Out
If a lawsuit is filed, the process typically includes:
- Initial Consultation to establish the attorney-client relationship
- Investigation and filing the claim
- Discovery phase, including document exchange
- Negotiation or mediation to seek a resolution
- Trial, if a settlement is not reached
While many claims settle before court, a prepared trial attorney is key if your case goes the distance.
Will You Actually Recover Anything From the Uninsured Driver?
That depends on their financial resources. If they’re unemployed or have no assets, recovery may be limited. However, lawsuits make sense when:
- The driver owns property or investments
- An employer is liable (e.g., during work hours)
- A third party, like a parts manufacturer, shares fault
A personal injury attorney will weigh these factors before recommending whether to proceed.
Free Case Review With a Wichita Uninsured Motorist Lawyer
Getting hit by someone without insurance creates unexpected challenges. Whether you’re figuring out how to use UM/UIM benefits, managing insurance claims, or exploring a personal injury lawsuit, you don’t have to do it alone.
At Mann Wyatt Tanksley Injury Attorneys, our practice areas include motor vehicle accidents, Truck Accidents, slip and fall, and wrongful death. Our legal support helps injured victims in Wichita get answers and recover.
Contact us today for a free consultation with a Wichita uninsured motorist lawyer. We’ll help you take the next step forward with confidence.
FAQ Uninsured Motorist Coverage in Kansas
What does uninsured motorist coverage cover?
Uninsured Motorist (UM) coverage protects you and your passengers if you’re injured in a crash caused by:
- A driver with no insurance
- A driver with insufficient liability limits (this specific protection is typically provided by Underinsured Motorist (UIM) coverage, which is usually included with or closely tied to UM coverage in Kansas)
- A hit-and-run driver
It primarily covers bodily injury damages, which typically include medical expenses, lost wages, pain and suffering, and wrongful death damages, up to the limits of your policy.
Do I need uninsured motorist coverage in Kansas?
Yes. Uninsured Motorist Bodily Injury (UMBI) coverage is required by Kansas law. Every Kansas auto policy must include a minimum of $25,000 per person and $50,000 per accident in UMBI coverage. If you're injured by an uninsured driver, you still have access to compensation through your own policy. Kansas law also requires Underinsured Motorist (UIM) coverage, often bundled with UM, to protect you when the at-fault driver has some insurance but not enough to cover your injuries.
How does uninsured motorist protection help me in an accident?
If you’re hit by a driver with no insurance, uninsured motorist coverage helps by:
- Paying for medical treatment and rehabilitation
- Covering lost wages if you can’t work
- Compensating for pain and suffering
- Offering a path to recovery without having to sue someone with no or limited assets
It provides peace of mind when the other driver can’t financially cover the bodily injury damages they caused.
Does uninsured motorist coverage cover hit-and-run accidents?
Yes. In Kansas, uninsured motorist coverage does typically include hit-and-run accidents, as long as the accident is reported and meets certain policy requirements (e.g., sometimes requiring evidence of physical contact with the "phantom vehicle" or corroborating witness testimony). This protection applies when the at-fault driver flees the scene and cannot be identified.
How much uninsured motorist coverage do I need?
Kansas requires minimum UM coverage of $25,000 per person and $50,000 per accident, but that may not be enough. If you can afford higher limits, you should strongly consider increasing your coverage, especially if you don’t carry sufficient health insurance or disability insurance. Your personal injury lawyer can help you understand what level of protection makes sense for your needs.
Is uninsured motorist coverage worth it?
Absolutely. Even though it’s required by law for bodily injury, many drivers only carry the minimum. UM coverage can mean the difference between financial stability and out-of-pocket medical debt after an accident with an uninsured or hit-and-run driver. It’s a critical part of a complete auto insurance plan, particularly in a no-fault state like Kansas, where your own Personal Injury Protection (PIP) benefits might be exhausted quickly in a severe injury case.