No one ever dreams of being in a car accident, but one of the worst things that can occur is when the other driver admits, “I don’t have insurance.” Suddenly, a bad day feels like a financial disaster.
Please know that you are not alone in this situation. It is estimated that a significant number of drivers in Missouri and Kansas drive every day without the required insurance. While the law requires every driver to carry insurance, the reality on our highways is often different. Being in a car accident with an uninsured driver in Kansas City can feel unfair, but there are established systems in place to help you recover.
This guide will break down the complex insurance laws in Kansas and Missouri into plain English and help you understand your options for getting your life back on track.
Key Takeaways from Missouri and Kansas Uninsured Accident Claims
- After an accident with an uninsured driver, calling the police is essential because the police report documents fault, injuries, and the lack of insurance. Even if the other driver has no insurance, you should collect their name, driver’s license number, vehicle details, photos of the scene, and witness contact information.
- Missouri requires UM coverage and follows an at-fault system, meaning the driver who caused the crash is financially responsible for losses.
- Kansas requires both UM coverage and Personal Injury Protection (PIP), which pays initial medical expenses regardless of fault.
- Filing a UM claim usually involves working with your own insurance company, and disputes can still arise over fault, injuries, or compensation amounts.
What Happens If Someone Hits You Without Insurance?
Being in a car accident with someone who doesn’t have insurance is a stressful situation. To protect your claim, it’s important to follow these steps after a car accident:
Ensure Safety and Call the Police
First and foremost, check yourself and any passengers for injuries. If anyone is hurt, call 911 immediately. Even if the accident seems minor, it is crucial to call the police. When you are hit by an uninsured driver, having an official police report is often the most important piece of evidence you will have. It documents the date, time, location, and the other driver’s lack of insurance.
Exchange Information
If it is safe to do so, exchange information with the other driver, even if they don’t have auto insurance. You need to get:
- Their full name and contact information.
- Their driver’s license number.
- The make, model, and license plate of their vehicle.
If the driver refuses to give information or flees the scene, it will be considered a hit and run. You should not chase them. Stay at the scene and give the police every detail you can remember about the vehicle.
Document the Scene
Take photos of the damage to all vehicles involved, the position of the cars on the road, skid marks, and any relevant traffic signs. If there are witnesses, ask for their names and phone numbers. Their account of the accident with an uninsured driver could be the difference between a denied claim and a successful settlement.
Hire an Attorney
If you’ve been involved in an accident with an uninsured driver, hiring a car accident attorney can be a crucial step in protecting your rights and ensuring you receive the compensation you deserve. An experienced attorney can guide you through the complex legal process, negotiate with insurance companies, and, if necessary, represent you in court. They can also help assess the full extent of damages, including medical expenses, property damage, and lost wages.
Understanding Uninsured Motorist Coverage
Many drivers assume that if the person who hit them has no money or insurance, they are out of luck. Fortunately, that is rarely the case thanks to something called Uninsured/underinsured Motorist (UM) coverage.
What is UM Coverage?
Uninsured Motorist coverage is a specific part of your own auto insurance policy. It acts as a safety net. Essentially, if the at-fault driver cannot pay for your injuries, your own insurance company steps into the shoes of the at-fault driver to cover your damages.
Missouri and Kansas Uninsured Motorist Laws
- Missouri:RSMo Section 379.203 requires drivers to carry UM coverage of at least $25,000 per person and $50,000 per accident for bodily injury. Missouri is an “at-fault” state, meaning the person who caused the crash is responsible for damages.
- Kansas: K.S.A. 40-284 says Kansas is a “no-fault” state regarding initial medical treatment. You are required to carry Personal Injury Protection (PIP) to cover immediate medical bills regardless of fault. However, Kansas also mandates UM coverage of at least $25,000 per person and $50,000 per accident.
Navigating the Claims Process
Once you have a grasp on the situation, you will need to initiate the claims process. This can be intimidating, but taking it one step at a time makes it manageable.
Filing the Claim
Have your attorney contact your insurance provider as soon as possible to report the accident. Be honest and provide the facts, but avoid admitting fault. You will likely be filing a claim against your own UM policy.
Many people worry that this will cause their rates to skyrocket. Generally, if the accident was not your fault, using the coverage you pay for shouldn’t penalize you.
Documenting Damages
To get fair compensation, you need to prove your losses. Keep a detailed file containing:
- Medical bills and records of treatment.
- Proof of lost wages if you missed work.
- Receipts for any out-of-pocket expenses related to the crash.
- Quotes for vehicle repairs.
Can You Sue the At-Fault Driver?
Technically, yes. You can file a lawsuit against the uninsured driver. However, drivers who do not carry insurance often do not have significant assets or savings. Winning a lawsuit against someone with no money may result in a “paper judgment”—a legal victory that results in no actual payment. A skilled attorney can help you determine if this is a viable path or if focusing on your UM claim is the better strategy.
Finding Your Way Forward
Being involved in a crash is stressful enough without the added complication of an uninsured driver. However, taking the right steps can protect your financial future.
At The Law Offices of Peter A. Jouras, Jr., we understand the anxiety that comes with these accidents. For over 25 years, we have been helping neighbors in Kansas and Missouri get the compensation they deserve. We aren’t a massive, impersonal firm where you are just a case number. We are a small, dedicated team, which means you get one-on-one contact with your attorney.
We handle cases on a contingency fee basis, meaning you don’t pay a dime unless we win your case. If you are unsure about your rights or need someone to fight for you, reach out today for a free consultation.
We are located in Overland Park, but serve the entire Kansas City metro area, including Kansas City, Kansas, and Kansas City, Missouri.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
