Uninsured Motorists/Underinsured Motorists Claim Attorneys in Wichita

Unfortunately, in Kansas, many motor vehicle collisions are due to the negligence of a motorist who is uninsured. Kansas laws require every motor vehicle insurance policy to contain coverage in the event you are injured as a result of a collision with one of these uninsured motorists. Your own insurance provides coverage to you in the event the negligent motorist has no insurance. However, when complications arise, it can be crucial to have an experienced uninsured motorist lawyer in Wichita on your side. Learn more with Brian & Brian at Pistotnik Law Offices.

The Role of Insurance Companies in Uninsured or Underinsured Motorist Collisions

In the event of such a collision, your insurance steps into the shoes of the negligent motorist and pays you for the same damages as if you were suing the person at fault. 

In addition to the benefits previously paid by the No-Fault Personal Injury Protection benefits, your insurance covers you and pays your:

• Past and future medical expenses
• Past and future wage loss and other economic losses
• Past and future noneconomic losses, such as:
  • Pain and suffering
  • Mental anguish
  • Disability
  • Disfigurement
  • Loss of time
  • Inconvenience
  • Diminished enjoyment of life
  • Loss of consortium and spousal services

Most insurance policies cover not only the named insured in the policy, but also any relative that resides in the insured’s household. You can pick the highest policy of insurance on any vehicle owned by a relative in your household.  This is very important and can greatly increase your recovery. As an example, if you purchased an insurance policy with minimum limits of $25,000, but your relative has a policy with $100,000, you can bring a claim against the higher coverage insurer to get a higher recovery.

How Residence Factors Into Uninsured Motorist Claims

Some cases require an investigation into where you “reside.” Residence consists of two primary elements: 

1. Where you physically stay. 
2. Where you intend your residence to be. 

For example, when children leave home to attend school, such as college or boarding school, despite staying at the school, their residence is still with their parents. This means that the parent’s auto insurance still covers the student for uninsured motorist coverage. Another example is for people that are on the move who don’t really establish a new residence yet. If you continue to use your relative’s address as your “home base,” by providing that address as the primary place to send mail, or that address as your address of record, you don’t change residences until you have the intent to form a new residence.

Talking to the insurance company prior to talking to an attorney can lead to problems with the residence issue. Filling out insurance forms before getting a consultation with an attorney can also lead to problems. This is why you should talk to a trusted uninsured motorist lawyer in Wichita before working on and submitting these forms.

What Kinds of Collisions Are Covered by Uninsured Motorist Insurance?

Uninsured motorist coverage covers a negligent motorist that hits you, is identifiable, but fails to maintain insurance. It also covers hit-and-run collisions, even when the negligent motorist cannot be located or identified. It also covers phantom motor vehicle operators when the negligent motorist never even makes contact with your vehicle but causes the collision and leaves the accident scene, as long as there is independent evidence confirming the facts of the collision.

Underinsured motorist coverage works in a similar fashion when the negligent motorist has insurance, but the amount of insurance is insufficient. As long as your coverage, or the coverage through your relative that you reside with, is higher than the person at fault, you have an underinsured motorist claim against your own insurer, up to your own coverage limits. 

According to Kansas statute KSA 40-284(b), It is very wise to purchase HIGH UM/UIM coverage through your own policy to protect yourself and your family from negligent motorists who have no coverage or little coverage! One of the most common mistakes attorneys make in auto accident cases is to fail to fully investigate the underinsured motorist coverages. Our experienced attorneys (over 70 years of combined experience) know how to find hidden insurance and know how to make those insurance companies pay!

If the case is settled with the negligent party’s insurer without following the strict requirements of Kansas laws contained in K.S.A. 40-284(f), the underinsured motorist case can be lost. This law requires the insurance company that provides the underinsured motorist coverage to get a certified letter with both medical and employment authorizations, along with a description of the claim. This law requires that you have to get permission to settle or a waiver of substitution/subrogation to preserve your underinsured motorist claims. If you fail to follow the technical rules, you could lose your underinsured motorist case. If you sign a release without making the sure the release preserves your underinsured motorist claims, you could run into problems. 

Searching for an Uninsured Motorist Lawyer in Wichita?

The insurance company must take action within 60 days of receipt of the certified letter or the injured party is free to move forward with the settlement. The insurance company has the option to pay the liability coverage limits, and by doing so, they can go after the negligent motorist personally to recoup their funds. These issues can get complex, and an experienced attorney is necessary to handle these cases correctly. If you have been injured in an accident involving an underinsured motorist, it is important to seek legal representation right away.

The attorneys at Brian & Brian at Pistotnik Law Offices have experience navigating these cases. And they are ready to help you receive the compensation you deserve. They understand the intricacies of dealing with insurance companies, and they are ready to fight to protect your rights.

Don’t let an uninsured or underinsured motorist leave you without proper compensation for your injuries. Contact Brian & Brian at Pistotnik Law Offices today and let us handle the legal matters while you focus on recovering from your accident. Our dedicated team is here to support you every step of the way.