Uninsured and Underinsured Motorist Laws in Kansas
Kansas law requires every driver to carry minimum auto insurance coverage, including uninsured motorist (UM) protection. Under Kansas Statutes
K.S.A. § 40-284, all auto insurance policies issued in the state must include uninsured motorist coverage equal to the policyholder’s liability limits, unless the policyholder specifically opts for lower coverage in writing.
The required minimum coverage for Kansas drivers includes:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
However, underinsured motorist (UIM) coverage, which protects you if the at-fault driver’s insurance is not enough to cover your losses, can vary based on your policy. It’s critical for Wichita drivers to review their policies carefully to ensure they have sufficient UM and UIM coverage.
Why Do Drivers Lack Sufficient Insurance?
Despite Kansas laws mandating insurance, many drivers on Wichita roads remain uninsured or underinsured. Common reasons include:
- Financial hardship: Some drivers simply cannot afford insurance premiums and risk driving without coverage.
- Lapsed policies: Drivers may unintentionally let their policies lapse due to nonpayment or administrative issues.
- Minimal coverage: Many drivers carry only the minimum required liability coverage, which often does not cover the full extent of damages in serious accidents.
- Deliberate avoidance: Some individuals knowingly drive without insurance, hoping to avoid detection or fines.
According to
Bankrate’s 2023 uninsured motorist statistics, approximately 14% of drivers nationwide are uninsured. Although Kansas has a slightly lower rate, thousands of uninsured and underinsured drivers still travel Wichita’s streets daily.
Tips on How Wichita Drivers Can Protect Themselves With UM/UIM Coverage
- Review Your Auto Policy Carefully: Make sure you know the exact limits of your uninsured and underinsured motorist coverage. If your UM/UIM limits are only the Kansas minimum, consider increasing them.
- Choose Higher Limits When Possible: Medical costs and lost wages after a serious accident can easily exceed $25,000. Higher UM/UIM coverage protects you and your family against financial hardship.
- Understand Policy Exclusions: Some policies exclude certain types of accidents, like hit-and-runs. Read the fine print or have an attorney review your coverage if you're unsure.
- Keep Your Coverage Active: Always pay premiums on time to avoid accidental lapses in coverage, which could leave you unprotected in a UM/UIM situation.
- Consult an Attorney After an Accident: Even though you are filing a claim with your own insurer, having an experienced Wichita UM/UIM attorney on your side ensures your claim is valued fairly and fully.
Common Causes of Auto Accidents in Wichita
Motor vehicle accidents in Wichita occur for many reasons, and the risk is even greater when uninsured or underinsured drivers are involved. Common causes include:
- Distracted Driving: Texting, eating, or using a GPS while driving takes attention off the road and leads to serious crashes.
- Speeding: Excessive speed is a leading cause of collisions in Wichita, especially on major roads like Kellogg Avenue and I-135.
- Driving Under the Influence: Alcohol and drug impairment drastically reduce reaction times and decision-making abilities.
- Reckless Driving: Aggressive behaviors like tailgating, unsafe lane changes, and running red lights contribute to many Wichita accidents.
- Weather Conditions: Wichita’s winter storms and heavy rains create hazardous driving conditions, often leading to multi-vehicle accidents.
- Failure to Yield Right-of-Way: Intersection collisions are common when drivers fail to respect traffic laws.
When an uninsured or underinsured driver causes an accident under these circumstances, victims are left struggling to pay for medical bills, lost wages, and property damage without adequate insurance coverage.
Common Injuries in Wichita Car Accidents
Car accidents involving uninsured or underinsured drivers in Wichita often result in serious, life-changing injuries. Even crashes that happen at relatively low speeds can cause significant physical trauma, leading to expensive medical care, long-term rehabilitation, and lasting emotional effects.
Some of the most common injuries seen in Wichita car accidents include:
- Whiplash and Soft Tissue Injuries: Sudden, violent movement of the head and neck during a collision can strain or tear muscles, tendons, and ligaments. Whiplash is particularly common in rear-end collisions and can cause lasting pain and limited mobility.
- Broken Bones and Fractures: The force of impact can easily cause fractures to arms, legs, ribs, and hips. Severe fractures may require surgery and months of rehabilitation.
- Traumatic Brain Injuries (TBI): Concussions and more serious brain injuries can occur when the head strikes a window, steering wheel, or airbag. TBIs often result in memory loss, cognitive difficulties, and emotional changes.
- Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, requiring extensive medical intervention and lifestyle adjustments.
- Internal Injuries: Blunt force trauma can cause internal bleeding or damage to vital organs, such as the lungs, liver, or spleen, often requiring emergency surgery.
- Psychological Injuries: Beyond physical harm, victims may suffer from post-traumatic stress disorder (PTSD), depression, or anxiety after a serious Wichita car accident.
At Riedmiller, Andersen & Scott, we recognize that the full impact of a Wichita car accident often goes beyond immediate injuries. Our attorneys work to ensure that all physical, emotional, and financial damages are properly documented and compensated.
Determining Liability in an Uninsured and Underinsured Motorist Accident
In a Wichita UM/UIM case, proving who was at fault is still critical. Even when making a claim under your own policy, your insurance company may require clear evidence that the uninsured or underinsured driver caused the accident.
Key elements used to determine liability include:
- Police Reports: Accident reports prepared by law enforcement provide valuable documentation of fault.
- Witness Statements: Eyewitness accounts can support your version of events.
- Surveillance Footage: Traffic cameras and security systems near the accident scene may capture critical evidence.
- Vehicle Damage Analysis: The type and location of damage can reveal how the crash occurred.
- Accident Reconstruction Experts: In serious cases, experts may be needed to analyze crash data and recreate the events leading up to the collision.
Even though you may be filing a claim under your own UM or UIM coverage, your insurance company acts as an opposing party and they may try to minimize the payout. Having a skilled Wichita UM/UIM attorney on your side ensures your interests are protected every step of the way.
When Does UM/UIM Insurance Apply?
UM and UIM insurance coverage applies in several scenarios, including:
- Accidents with Uninsured Drivers: When the at-fault driver has no insurance at all.
- Hit-and-Run Accidents: If the other driver flees the scene and cannot be identified.
- Underinsured Drivers: When the at-fault driver’s policy limits are too low to cover all your damages.
- Pedestrian and Bicycle Accidents: If you are hit by an uninsured driver while walking or biking in Wichita, UM/UIM coverage may still apply.
- Passenger Claims: If you were a passenger in a vehicle involved in a crash with an uninsured or underinsured driver, you may be covered under your own or the driver’s UM/UIM policy.
UM and UIM insurance is designed to ensure that responsible drivers are not financially devastated simply because another driver failed to carry enough coverage.
How Can an Attorney Help After a UM/UIM Accident in Wichita?
Handling a UM/UIM claim is often far more complex than it initially appears. Insurance companies, even your own, are highly skilled at minimizing payouts or disputing the value of claims. They are not on your side, even when you have faithfully paid your premiums for years.
An experienced Wichita uninsured and underinsured motorist attorney can make a critical difference by:
- Reviewing Your Policy: We carefully analyze your insurance coverage to determine the full extent of your UM/UIM benefits, identify exclusions, and clarify what compensation you are entitled to claim.
- Investigating the Accident: Our attorneys gather and preserve critical evidence, including police reports, witness statements, accident scene photos, and vehicle damage assessments, to clearly establish fault.
- Calculating Full Damages: We thoroughly evaluate your current and future losses, ensuring that all expenses, including medical bills, lost income, rehabilitation costs, vehicle repairs, and pain and suffering, are properly documented.
- Negotiating with Insurance Companies: Insurance carriers often offer low settlements in UM/UIM cases. We fight aggressively on your behalf to demand fair compensation that accurately reflects the true extent of your damages.
- Filing a Lawsuit if Necessary: If negotiations fail, we are fully prepared to take your case to court. Our team builds strong cases designed to stand up to insurance company tactics and succeed at trial if needed.
At Riedmiller, Andersen & Scott, we understand the overwhelming stress that Wichita victims face after being hit by an uninsured or underinsured driver. Our attorneys work tirelessly to lift that burden and fight for your financial security. We stand by victims of car accidents in Wichita and also offer invaluable legal support in many other areas of life, including:
If you have lost a loved one in a Wichita car accident, our team is here to help you pursue a
wrongful death claim. We offer free, no-obligation consultations to injured victims in Wichita. If you have been injured or lost a loved one in an accident, call us today or connect with us online to speak with a trusted attorney.
What Compensation Is Available After a UM/UIM Accident in Wichita?
Victims injured in Wichita by uninsured or underinsured motorists may be entitled to pursue a wide range of damages under their UM/UIM coverage. Compensation typically includes:
- Medical Expenses: Reimbursement for all accident-related medical treatment, including emergency care, hospital stays, surgeries, physical therapy, prescriptions, and future medical needs.
- Lost Wages: Recovery for income lost while you were unable to work due to your injuries, including missed bonuses, overtime, and other employment benefits.
- Loss of Future Earning Capacity: If your injuries permanently impact your ability to work, you may be compensated for the loss of future income and career opportunities.
- Pain and Suffering: Compensation for the physical pain, emotional distress, mental anguish, and trauma resulting from the accident and its aftermath.
- Property Damage: Payment for the repair or replacement of your vehicle and any other personal property damaged in the collision.
- Loss of Enjoyment of Life: Damages for the loss of ability to participate in hobbies, sports, travel, and other activities that were an important part of your life before the accident.
- Permanent Disability or Disfigurement: Compensation for catastrophic injuries that cause lasting impairments, such as amputations, scarring, or paralysis.
Every UM/UIM claim is different, and the amount of compensation available depends on the details of the policy, the severity of the injuries, and the impact on your life. At Riedmiller, Andersen & Scott, we work closely with medical experts, financial specialists, and accident investigators to accurately calculate and maximize the compensation our Wichita clients deserve. Whether you were involved in a hit & run, a serious
rollover accident, or a fender bender, our team is here to help you claim your rightful compensation.
Contact Riedmiller, Andersen & Scott After a UM/UIM Accident in Wichita
If you or a loved one has been injured in a Wichita accident involving an uninsured or underinsured driver, you do not have to handle the legal and financial burden alone. Time is critical, as insurance companies may impose strict deadlines for filing UM/UIM claims.
The experienced attorneys at Riedmiller, Andersen & Scott are ready to review your case, explain your rights, and fight for the compensation you deserve. We have helped countless Wichita residents navigate the complex UM/UIM claims process and stand ready to advocate on your behalf.
