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Hess Law LLC  April 25, 2024

What to Do When you're Hit By an Uninsured/Under-Insured Motorist 

Experiencing a car accident is already traumatic enough, often resulting in serious physical and mental damage. Adding the challenges of dealing with drivers who are uninsured or underinsured is all the more stressful.  

Fortunately, at Hess Law LLC, I can help you through the process, providing essential steps and insights tailored to residents and drivers within the state of Kansas. From understanding state-specific insurance laws to securing fair compensation, my firm can provide the legal guidance you need.  

Required Insurance Coverage in Kansas

Kansas operates under a no-fault system with distinct requirements for insurance coverage. In Kansas, drivers are required to carry both personal injury protection (PIP) and liability insurance as part of the mandatory minimum coverage.

This dual requirement ensures that your medical expenses can be covered to some extent by the PIP coverage, regardless of who is at fault, while liability insurance addresses damages to others' property or injuries. 

The state-mandated minimum coverage in Kansas is detailed as follows: 

  • Bodily Injury Liability: $25,000 per person and $50,000 per accident 

  • Property Damage Liability: $25,000 per accident 

  • Personal Injury Protection (PIP): Minimum benefits include medical expenses, rehabilitation expenses, funeral expenses, lost wages, and substitution of services. 

  • Uninsured/Underinsured Motorist Coverage: $25,000 per person and $50,000 per accident for bodily injury 

This comprehensive approach underscores the importance Kansas places on protecting its motorists from the financial implications of accidents, particularly those involving uninsured or underinsured drivers. 

Kansas' No-Fault Insurance System

The no-fault system in Kansas is designed to speed up the compensation process for accident-related expenses without the need for lengthy legal proceedings to determine fault. Under this system, your insurance pays for your and your passenger's medical expenses, up to the limit of your PIP coverage, regardless of who caused the accident. 

This policy framework fosters quicker payouts for medical expenses and lost earnings, allowing you to focus on recovery. However, for damages not covered under the PIP or when injuries exceed a certain threshold, you have the option to pursue a claim against the at-fault driver. 

The Benefits of No-Fault

Kansas's no-fault system alleviates the pressure on the court system and guarantees that injured parties receive timely financial assistance for medical expenses and related costs.

However, this system does not prevent the injured party from seeking additional compensation through legal channels if the PIP limits are exceeded or if specific criteria are met. 

How to File a Personal Injury Claim When Hit By an Under/Uninsured Motorist

In Kansas, the approach to filing a personal injury claim against an underinsured or uninsured motorist involves several key steps to ensure you're adequately compensated for your losses. It can be helpful to:  

  • Report the accident to the police immediately and obtain a copy of the report for documentation. 

  • Seek medical attention right away to document your injuries. 

  • Notify your insurance company about the accident as soon as possible. 

  • Using your uninsured/underinsured motorist coverage, file a claim for any sustained injuries and damages. 

  • Understand your policy coverage specifics, including claim filing deadlines. 

  • Compile comprehensive documentation, such as medical records, bills, proof of lost wages, and other accident-related expenses. 

  • Consult with a legal professional experienced in uninsured and underinsured motorist claims in Kansas. 

How These Steps Can Be Beneficial

The road to recovery and compensation following an accident with an uninsured or underinsured motorist in Kansas can be complex. Here are several steps you should take to safeguard your interests: 

  • Immediate Actions at the Scene: Gathering comprehensive information at the scene is critically important. This includes exchanging contact and insurance details with the other driver, taking photos of the damage and scene, and collecting any witness statements. 

  • Reporting and Claim Process: Immediately inform your insurance company about the accident; provide all collected information and indicate any immediate medical concerns. Engaging with your insurer early on can help streamline the claim process, especially under the uninsured/underinsured motorist portion of your policy. 

  • Medical Attention and Documentation: Even with no-fault coverage, seeking prompt medical attention after an accident is crucial, both for your health and to support any future claims. Document all visits, treatments, and communications related to the accident. 

Legal Considerations in Kansas

Involving a legal professional in Kansas can significantly impact the outcome of your case, especially when dealing with complex uninsured or underinsured motorist claims. A seasoned car accident attorney can offer invaluable guidance through each step. 

Specializing in Kansas law, a car accident attorney can negotiate with insurance companies on your behalf, ensuring that you don't settle for less than you deserve. Additionally, they can guide you through the process of filing a lawsuit, if necessary. 

Consulting an attorney is advisable if you face substantial injuries, significant loss of income, or when navigating the intricacies of uninsured/underinsured motorist claims. Early consultation can help secure your rights and maximize compensation. 

Strong Legal Representation

Armed with knowledge of Kansas' specific insurance and no-fault laws, and by taking decisive action post-accident, you can confidently address the challenges of dealing with uninsured or underinsured motorists.  

At Hess Law LLC, I can guide you through the legal challenges presented after a car accident. I have the comprehensive knowledge and strategic legal representation to cater to your specific needs for the best possible outcome. Reach out today to learn more. 


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Any accident involving a motor vehicle can be stressful and overwhelming, but a hit and run is particularly distressing. A hit and run is when a driver involved in an accident leaves the scene without stopping to provide their information or offer assistance to the victim. It can involve various types of accidents such as car crashes, pedestrian incidents, or even property damage.

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