Uninsured Motorist Accident Lawyers in Wichita

Toy cars on top of insurance form

The stress levels can be overwhelming finding out you were hit by an uninsured driver. All drivers in Kansas are required to carry an auto insurance policy, yet many people still choose not to. According to the Insurance Information Institute (III), 11 percent of Kansas motorists are uninsured. While these drivers go without insurance for many reasons, they have one thing in common. Not having coverage puts everyone around them at risk of covering the expense crushing medical bills and other expenses in the event of an accident.

If you have been injured in an accident by an uninsured or underinsured motorist, the team at Mann Wyatt Tanksley can provide some clarity. We can help you understand your legal options for recovering compensation. Find out if we can help you get the financial security you deserve after an accident that was someone else’s fault.

What Should I Do After an Accident With an Uninsured Motorist?

Immediately following an accident, your priorities should be to seek medical attention and gather as much information from the scene of the crash as possible. You need the contact information and license number for the uninsured motorist, contact information for witnesses, pictures of the accident scene, and other relevant details.

After these initial steps, there are several other things you should do in the coming weeks and months:

  • Keep track of all medical expenses– Following your doctor’s instructions and attending follow-up appointments can help you recover more quickly and completely. It also creates a record of your injuries and health progress, which will be essential evidence in your injury claim.
  • Avoid sharing on social media– Assume insurance companies will check your social media to gather evidence regarding your case. If you post anything that seems to contradict something you said in your claim, the insurance company may use it against you.
  • Don’t accept the first settlement offer– Your insurer might offer you a low initial settlement for your uninsured motorist accident, hoping you will just take it. A skilled attorney can help you build a stronger case for your insurance claim, evaluate any settlements before you accept, and negotiate for higher compensation on your behalf.
  • Contact a lawyer– Working with a lawyer experienced in handling uninsured motorist cases will make a world of difference. Your insurance company’s main goal is to make a profit. They’re motivated to pay out as little as they can under the circumstances. An experienced attorney can push back against the insurance company’s tactics and demand a fair amount for your injuries and other losses.

Who is Liable in an Accident With an Uninsured Driver?

Just because a driver is uninsured does not make them liable for an accident. All drivers have the responsibility to drive carefully and follow traffic laws. If a driver failed in this responsibility, they would be liable for the injuries they caused, regardless of their insurance status.

There may also be other parties who are liable for the accident, even if they were not directly involved. For example, if there was a defect in one of the vehicles, the company that manufactured the unsafe part, might be at least partially liable. A local or state government entity could also be to blame for an accident that occurred because of unsafe road conditions.

Compensation You Could Recover After an Uninsured Motorist Accident

Kansas is a no-fault insurance state, which means you can file a claim against your own legally required PIP insurance policy after any accident — regardless of whether you were at fault. But depending on the circumstances of the accident, you could also be entitled to file a lawsuit against the uninsured motorist. This could provide more extensive compensation for:

  • Current and future medical bills
  • Lost wages
  • Loss of future earning potential
  • Pain and suffering
  • Lower quality of life
  • Permanent disability
  • Disfigurement
  • Long-term nursing home care or rehabilitation
  • Property damage

If your uninsured motorist coverage is not enough to cover all of your expenses, an uninsured motorist accident lawyer from Mann Wyatt Tanksley Injury Attorneys can help! We’ll help you decide if filing a lawsuit against the uninsured driver for their negligence would be beneficial. In many cases, someone who doesn’t have auto insurance will not have the money to pay your damages out of pocket. However, this is an option that could be effective in some limited situations.

Kansas Car Insurance Laws and Regulations

In Kansas, every car insurance policy must have at least the following amounts of coverage:

  • $25,000 for each person’s bodily injuries in an accident
  • $50,000 total for bodily injuries per accident
  • $25,000 for property damage per accident

Every policy (with the exception of motorcycles where the PIP coverage has been waived by the insured) also needs to have Personal Injury Protection (PIP), which helps pay for things like medical bills, lost income, and services you might need at home while you’re recovering. This also covers costs for rehabilitation or for funeral, burial, or cremation if someone passes away in the accident.

In addition, every policy must have uninsured motorist coverage. This covers you for $25,000 per person and $50,000 per accident if you’re hit by a driver who doesn’t have insurance.

Kansas uses a no-fault insurance system. This means that if you get injured in a car accident, you first file a claim with your own insurance company, regardless of who caused the accident. This helps protect Kansas drivers if they’re hit by an uninsured driver. If you have the minimum required insurance, your PIP and uninsured motorist coverage can pay for some of your medical bills and lost wages. However, these coverage limits might not be enough to pay for everything if your losses are very high.

Free Consultation for Wichita Uninsured Motorist Accident

The Mann Wyatt Tanksley team can get you in the right direction regarding your uninsured motorist accident. Contact us today for a free consultation in pursuit of suing an uninsured driver for damages.