YOU DID NOTHING WRONG and the other driver is at fault. You should be compensated for your injuries. Then you find out the other driver is uninsured. That does not automatically mean you will have to pay for everything. You may be able to make an uninsured motorist claim and be fully compensated for your damages.
MANY DRIVERS ONLY HAVE the minimum coverage of $25,000. Medical bills add up quickly. Too often your medical bills can exceed $25,000. When your injuries exceed the other driver’s policy limits, you may be able to make a claim for underinsured motorist benefits up to your policy limits.
If You Have Liability Insurance You Have UM/UIM Coverage.
KANSAS REQUIRES ALL DRIVERS carry minimum liability insurance coverage of $25,000 per person and $50,000 per accident. Every insurer that issues an automobile or truck policy that provides liability coverage in Kansas must provide uninsured motorist coverage and underinsured motorist coverage to their insured. (K.S.A. 40-284). If you have insurance coverage on your car or truck, you have uninsured and underinsured motorist coverage. When situations arise that trigger coverage you are entitled to make a claim. The insurance companies don’t make it easy though.
The Insurance Company.
IT WOULD BE NICE if the insurance company would guide you through this process with your interests at heart. That is unlikely to happen. If this happened to you, please call me. I want to hear your story and give kudos to the insurance company. For everybody else, you will need an experienced attorney. The insurance company has legions of lawyers to protect its interests. You need somebody to look out for yours.
Punishing the Insurance Company.
INSURANCE COMPANIES MAY LOW BALL you. If they do treat unfairly by offering you an unfair settlement you may be able to make them pay. Pursuant to K.S.A. 40-908, if you have a full coverage auto insurance policy and make a UM/UIM claim, the insurance company could be on the hook for your attorney’s fees if the company does not make a fair offer. By taking your UM/UIM case to trial getting a judgment that is just $1 above what the insurance company offered, you are entitled to recover all of your attorney’s fees. Unfortunately, KSA 40-908 does not apply if you only have a liability policy.
THESE COVERAGE PROVISIONS are meant to protect you and so are certain statutes. It is important to choose an attorney that knows about UM/UIM claims and the laws that apply to these claims. It’s tough enough to recover from your injuries, let alone fight with an insurance company while doing so. Choose an attorney that will protect your rights and navigate you through the claim process to get you the money you deserve. Call Joseph T. Welsh now for your free consultation. (620) 510-5030.