Kansas law does require minimal auto insurance policy limits of $25,000 per person of underinsured/uninsured coverage and $50,000 per accident of underinsured/uninsured coverage.
Uninsured or Underinsured motorist coverage will cover a situation where someone involved in an auto accident, who was not at fault, has a claim against another driver who has less insurance than they do and who does not have enough insurance to cover all of the damages of the accident victim.
For example, if an accident victim has a case that is worth $100,000 and the person who caused the accident only has $25,000 of insurance coverage, the accident victim is underinsured to the tune of $75,000. If they had purchased $100,000 of insurance coverage, then they can collect the $25,000 from the person who caused the accident, then they would collect the remaining $75,000 from their own insurance policy. That’s how underinsured coverage works. (However, be sure to use the right procedure in settling for the first $25,000).
Uninsured coverage works in a situation where the victim is injured in an accident caused by an individual who has no insurance coverage or is deemed to be uninsured. The accident victim then must make a claim directly against his or her own insurance company and it will then act like the liability insurance carrier for the at-fault person. The uninsured carrier then pays for the injuries and medical bills for the accident victim in the event he or she has a policy limits case entitling a recovery against the tortfeasor, the person who caused the accident.
Every automobile insurance policy issued to a vehicle garaged in the state of Kansas has an uninsured/underinsured provision grafted onto it by Kansas law. It is automatically a part of an insurance policy and the insurance company can’t write that provision out of an insurance policy.
Uninsured and underinsured motorist coverage is some of the least expensive insurance coverage to have on an automobile. The proportion of premium that one will pay for overall automobile insurance policy is extremely small when considering the uninsured/underinsured motorist coverage. That’s why Attorney Roger Riedmiller tells most people that when they increase that particular provision of their policy up to a max rate that the insurance company offers, they will be amazed at how little it increases the monthly premium.
One of the most common misconceptions people have regarding accidents with an uninsured person is that they think they can go ahead and sue the individual who caused the accident and collect money directly from them. What is often not understand, is that in many cases if the uninsured person doesn’t have any assets they will file for bankruptcy and then the process will have to start all over again.
Therefore what most people need to understand is that an uninsured/underinsured claim has a different procedural process than an ordinary claim against a liability insurance carrier. The process has to be followed through by the injured victim in order for them to be eligible for the underinsured or uninsured motorist coverage.
Additionally it is often a misunderstanding that if an underinsured driver has a $25,000 liability policy and the victim’s claim is worth $100,000, he or she is underinsured in that situation as well. Kansas is a state that compares policy limits to policy limits. Therefore if someone only purchases $25,000 of underinsured coverage then that translates to having no underinsured coverage under Kansas law so the premium is being paid for nothing.
The misconception that people have some form of underinsured coverage is just a loophole in the law that allows insurance companies to collect a premium for nothing. Attorney Roger Riedmiller urges people to purchase more than the minimum limits of underinsured/uninsured automobile insurance coverage in all cases.