How Do I Recover Compensation After a Kansas Car Accident with an Uninsured Driver?
If you are a driver in the state of Kansas, you are required to carry automobile insurance. This insurance not only protects you if you are involved in a crash but also can be used to pay for damages to others for accidents that you cause when your accident falls outside of the no-fault system.
For those who are involved in accidents caused by the fault of another driver who does not have automobile insurance, the process of recovering damages may be unclear. Consider the following, and then call us if you have more questions.
Turn to Your Own PIP Coverage First
Because Kansas is a no-fault car insurance state, drivers who are involved in an accident should always turn to their own personal injury protection (PIP) coverage first, regardless of fault. This coverage type pays for your medical expenses, costs of rehabilitation, and even funeral costs if necessary. A driver is required to carry at least $4,500 per person in PIP coverage for medical expenses, and more for disability/loss of income, in-home services, funeral and burial expenses, rehabilitation expenses, and survivors’ benefits.
Consider Whether or Not You Have an Injury Claim that Falls Outside of the No-fault System
While you should turn to your own insurance company first, you may have an injury claim that falls outside of the no-fault system. If you do, you are allowed to bring a claim with the at-fault driver’s insurance or file a lawsuit directly against the other driver. In order to step outside of the no-fault system, your medical expenses must be valued at more than $2,000, or you must have suffered injuries considered to be severe, such as disfigurement, fracture of weight-bearing bone, or permanent injury.
If you maintain the right to bring forth a claim against the other driver, filing a claim with their insurance company is typically the first step. But if the driver doesn’t have insurance, what do you do?
Filing an Uninsured Motorist Claim or a Lawsuit Against the Other Driver
If the other driver does not have insurance to pay for your injuries, you may consider filing a lawsuit against them. However, this may not yield the compensation award you deserve. As such, once again, turning to your own insurance company, this time by filing a claim under your uninsured/underinsured coverage, may be ideal.
Contact Our Law Offices Today
If you have more questions about what to do after an accident with an uninsured driver in Kansas, contact our aggressive Wichita car accident attorneys at the offices of the Wall Huntington Law Firm to request your free consultation today.