Uninsured or Underinsured Driver

Uninsured/Underinsured Driver Accidents

You shouldn’t have to suffer because of someone else’s behavior


Have you been injured in a car accident in Kansas involving a driver with little or no insurance? Knowing what to do can be confusing. Fortunately, you don’t have to go it alone. Get the legal help you need to make sure you obtain the compensation you deserve. Contact Bretz Injury Law.

Located in HutchinsonSalinaWichitaGarden CityDodge CityLiberalHays and serving accident victims throughout the state, our experienced attorneys have a well-earned reputation for helping people involved in an accident with an uninsured or underinsured driver get the money they deserve.

We have successfully obtained more than $300 million in settlements and verdicts for injury victims and their families. We’re proud of the money we have secured for people because we know what a difference such resources can make in their lives. One of our biggest settlements involved a wrongful death case in which we obtained a settlement for $50 million – this is one of the highest settlements ever obtained in the United States for a wrongful death claim.

Uninsured and underinsured car accidents in Kansas

Drivers are required by law in Kansas to have auto insurance. Under state law, all drivers must have liability insurance with coverage limits of $25,000 per person and $50,000 per accident. Fortunately, many drivers in Kansas have this much or more coverage.

But there are some people who don’t have liability insurance, or don’t have enough insurance. If you have been involved in an accident with a driver who does not have insurance, we may be able to pursue an uninsured motorist claim to get you the compensation you need. Similarly, if you have been involved in an accident with a driver who has some insurance but doesn’t have enough insurance to pay for all your injuries and damages, then we may be able to pursue an underinsured motorist claim.

If you don’t have uninsured motorist coverage, don’t despair. There are other options available for accident victims. At Bretz Injury Law, we explore every possible avenue for compensation. We can help.

Types of damages we can pursue

Expenses associated with car, truck and motorcycle wrecks can run into the hundreds of thousands of dollars or even more. Along with emergency medical expenses and the cost of repairing or replacing a damaged vehicle, other expenses associated with accidents include:

  • Past and future medical, hospital and surgical expenses
  • Past and future loss of income and earning potential
  • Pain and suffering
  • Permanent disability
  • Disfigurement
  • Rehabilitation expenses
  • Home modifications
  • Loss of consortium (deprivation of benefits of a family relationship)
  • Loss of time
  • Loss of services
  • Nursing home and attendant care

What if the driver flees the scene of my car accident?

Hit-and-run car accidents in Kansas often involve underinsured drivers or drivers without auto insurance. Drivers may have any number of reasons for leaving the scene, but some who flee may fear they will be held financially responsible for your accident and not be able pay for it.

But do not fear. If the driver leaves the scene and can’t be tracked down, we can pursue an uninsured motorist claim. Essentially a driver who flees the scene and can’t be identified or found is considered a “phantom motorist” under the law, enabling us to pursue an uninsured motorist claim.

What happens if an uninsured driver hits my car?

If an uninsured driver (or a driver with insurance but not enough insurance) causes a wreck, several things should happen to protect your rights and strengthen your claim:

  • The police should investigate your accident – If the police did not respond to your crash, file an official accident report with the police. A lawyer can help you do this and deal directly with the police on your behalf.
  • Seek medical attention – If you have not already done so, have a doctor examine you right away. You could have a serious injury that requires medical treatment. Make your health your priority.
  • Contact your insurance company – Call your insurance provider and tell them you have been in an accident caused by another driver. Keep your comments brief. Uninsured or underinsured motorist claims can be complicated, especially if your insurance company is responsible for paying your accident claim.
  • Don’t talk about your accident – The less you say about your crash, the better. Anything you say or write about your accident could be used by insurance companies to deny your uninsured motorist claim. The same is true at the crash site. Don’t talk about your accident with the at-fault uninsured driver.
  • Talk to a lawyer – The sooner you seek legal advice, the better. Car accident claims involving uninsured or underinsured drivers can be complicated. Your accident attorney can explain your rights and your legal options.

Who pays for my uninsured motorist claim?

In most cases, your insurance company will likely pay for your accident claim if you have the right insurance. However, such legal cases can often be very complicated. That’s because many insurance companies – including your own – are often reluctant to pay for car accident expenses.

Remember, insurance companies are in business to make money – not to pay your claim. Insurance companies look for every possible reason to deny your claim, or limit what they must pay. They look for any excuse to deny your claim. An experienced car accident lawyer can deal directly with your insurance company and demand the maximum financial compensation for your uninsured motorist claim. Your attorney can also take legal action on your behalf, if necessary.

How much is my uninsured motorist claim worth?

There’s no set dollar amount when it comes to determining the total value of your accident claim. The bottom line is you should be compensated for all your accident expenses if another driver caused your injuries.

Your accident claim should include money for all your medical bills, lost income, property damages, and all your other injuries and damages. You shouldn’t have to pay for another driver’s reckless behavior or mistakes. Your lawyer should demand compensation for all your expenses, even if How can a lawyer help me with my uninsured or underinsured accident?

Car accidents can turn your life upside down in an instant. This is especially true with accidents involving drivers with little or no insurance. We know how to investigate and pursue these claims, and have been fighting for victims of car, truck and motorcycle wrecks for 30 years.

We thoroughly understand Kansas’ legal system involving accidents, including the state’s no-fault (PIP) and uninsured and underinsured insurance laws. Our in-depth knowledge and experience enable us to take an aggressive approach on behalf of our clients. For example, in one recent case we received a verdict for our client that was 35 times more than the insurance company previously offered to settle an underinsured motorist claim!

You have too much at risk to wait to take legal action. Find out how Bretz Injury Law can help you with your accident. Call to schedule a free consultation. Your best interests come first.

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