Any car accident can be a painful, frightening experience, but that pain and fear can quickly give way to confusion and even anger when the other driver confesses that they don’t have insurance. Further complicating matters for those in the Kansas City area are the different insurance rules that apply on either side of the Missouri-Kansas border. Fortunately, you may still have options for recovering compensation in this situation, although the path to getting it will depend on which side of the border you live on.
Missouri’s Mandatory Uninsured Motorist Protections
If you’re dealing with an uninsured driver accident in Missouri, we have good news for you. Missouri driver laws require all auto insurance policies in the state, including those in Kansas City, Mo., to include an uninsured motorist (UM) provision with limits on personal injury and property damage coverage not less than those covered by the liability portion of the policy. In other words, you have uninsured motorist coverage in Kansas City, MO,even if you weren’t aware that you did.
UM coverage steps in to replace the liability policy that an uninsured at-fault driver should have but does not. The operative words there are at-fault. If you were to blame, you may need to turn to optional add-on policies like collision and medical payments coverage.
Kansas Uninsured Motorist and PIP Requirements
Like Missouri, Kansas requires that all auto insurance policies sold in the state also include UM provisions, although, unlike Missouri, it specifies that UM policy limits must be equal to liability policy limits. So again, if you’re dealing with an uninsured driver accident in Kansas, your own UM policy provides coverage even if you did not consciously purchase it.
In addition, Kansas requires that all auto insurance policies issued in the state include a personal injury protection (PIP) provision. This coverage applies regardless of who is at fault for a crash and includes coverage of up to the following:
- $4,500 per person for medical expenses
- $900 per month for disability/loss of income, lasting up to one year
- $25 per day for replacement expenses
How to File a First-Party Insurance Claim
Both UM and PIP claims are called first-party claims, in that they cover the policyholder rather than a third party the policyholder injures, as is the case with liability insurance. The specific steps you have to follow will depend on your provider and the terms of the policy it issued to you. However, as a general rule, you will have to do the following:
- Document your injuries and the property damage you’ve suffered by taking photographs, writing down your memory of events, and seeking medical attention.
- Contact the insurer to alert them of the accident.
- Follow the instructions the representative gives you, which may involve providing a statement or completing a written form.
- After processing your information, the insurance company may offer you a settlement to close out your claim.
At this point, consider speaking with an experienced car accident lawyer. While your insurer has a legal duty to abide by the contractual terms of the policy it issued you, it’s also a for-profit business that has a financial interest in paying you as little as possible.
Why Experienced Legal Representation Matters
Having a car accident lawyer on your side is especially important if you’re dealing with an uninsured motorist claim or you were hit by an uninsured driver in Kansas City, MO. Before you accept a settlement or your insurer’s decision on who’s at fault, consider speaking with Presley and Presley Trial Lawyers. We can independently investigate the accident and your insurance policies to pursue maximum compensation on your behalf.
Contact us today for a free, no-obligation consultation with our personal injury trial lawyers in Kansas City.
