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Do Hit-and-Run Victims Have to Pay Out of Pocket in Kansas?

A hit-and-run accident is one of the most frustrating and financially terrifying experiences you can face on the road. The other driver vanishes, leaving you injured, shaken, and wondering who’s going to pay for your hospital bills, car repairs, and lost income. In Kansas, you might not be out of options. At Riedmiller, Andersen & Scott, we help hit-and-run victims across Wichita file claims under their Uninsured Motorist (UM) coverage and recover compensation, even when the at-fault driver is never found.

Why Hit and Run Accidents Often Involve Uninsured Drivers

Many drivers flee the scene of an accident for a simple reason: they know they’re breaking the law. Common reasons include:

  • No valid insurance coverage
  • Driving on a suspended license
  • Warrants or criminal issues
  • Fear of DUI penalties
  • Driving a stolen or borrowed vehicle

Whatever the reason, a hit and run becomes even more complicated when there’s no way to file a liability claim against the other party.

How Uninsured Motorist (UM) Coverage Helps

In Kansas, all auto insurance policies are required to include Uninsured Motorist (UM) coverage by law. This coverage is exactly what protects you in a hit-and-run crash, treating the unknown driver as if they had no insurance at all. UM coverage may provide compensation for:

  • Medical bills
  • Lost wages from missed work
  • Future medical treatment or rehabilitation
  • Pain and suffering, in some cases

Your UM coverage is there to fill the gap, stepping in when the responsible party can't be identified or held accountable.

What About Underinsured Motorist (UIM) Coverage?

If the driver is eventually located and has insurance but only carries the Kansas minimums, your Underinsured Motorist (UIM) coverage may apply. Kansas minimum liability limits are often too low to cover serious injuries. UIM coverage helps bridge the gap between what the other driver’s insurance pays and the actual amount of your losses. For example:

  • The at-fault driver carries only $25,000 in liability coverage
  • Your total damages are $100,000
  • Your UIM coverage could cover the remaining $75,000 (depending on your policy limits)

Whether it’s UM or UIM coverage, having an experienced attorney ensures your insurance company doesn’t shortchange you.

Steps to Take Immediately After a Hit and Run in Kansas

Even though the other driver fled, your actions at the scene and immediately afterward can make a huge difference in your ability to recover compensation. Follow these key steps:

  1. Call 911. Always report a hit and run to law enforcement. A police report helps document the crash for your claim.
  2. Write down what you remember. Try to recall the color, make, model, or plate number of the fleeing vehicle.
  3. Photograph the scene. Take pictures of damage to your car, skid marks, debris, and surrounding intersections or signs.
  4. Seek medical attention. Even if you feel okay, injuries may develop hours or days later. Medical records are critical for your claim.
  5. Contact your insurance provider. Start the claims process promptly, especially if using your UM/UIM coverage.
  6. Talk to a personal injury attorney. Don’t go up against your insurance company alone. They’re not always on your side.

Will You Have to Pay Out of Pocket?

That depends on several factors:

  • Your UM coverage limits: These determine how much your insurance will pay.
  • Your medical bills and damages: If they exceed your coverage limits, out-of-pocket costs are possible.
  • Health insurance or MedPay: Some costs may be temporarily covered by your health plan or medical payments coverage.

However, a skilled attorney may help uncover other compensation sources or force the insurer to pay more under bad faith or breach-of-contract grounds if they try to minimize your claim.

When the Hit and Run Driver Is Found

If the driver who hit you is eventually identified, you can file a traditional liability claim against them. This may involve:

  • Suing for damages in civil court
  • Filing a claim against their liability policy
  • Seeking punitive damages in cases of extreme negligence (e.g., DUI)

At that point, your UM claim may convert into a UIM claim or you may drop the UM claim entirely if the other driver has enough coverage. Every situation is different, and we’ll walk you through your best option.

Let Riedmiller, Andersen & Scott Help You Recover

Insurance companies are supposed to help, but they often delay, deny, or diminish valid hit-and-run claims. Don’t let them decide what your pain and suffering are worth. At Riedmiller, Andersen & Scott, we’ve been helping injured drivers across Wichita for years. We understand Kansas insurance law and know how to hold both hit-and-run drivers and insurance companies accountable.

Call Riedmiller, Andersen & Scott After a Wichita Hit-and-Run Accident

If you were injured in a hit-and-run accident in Kansas, you don’t have to shoulder the burden alone. Whether the other driver is found or not, we can help you explore all options for recovering compensation. Contact us today to schedule a free consultation and take the first step toward peace of mind.

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The information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Merely contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until such time an official attorney-client relationship has been established.
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