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How do you handle an Uninsured Motorist Claim?

Kansas City Uninsured Motorist Lawyer

Kansas City Uninsured Motorist Lawyers

Under the laws in the state of Missouri, anyone operating a motor vehicle in the state must carry the proper insurance in order to properly operate the vehicle. Even though this law has been set in place, it does not mean that every driver is going to follow it and take responsibility for their actions. Everyday driving on roads can become more dangerous and stressful when you realize these irresponsible drivers are out there. It was recorded that in 2010, the Missouri Highway Patrol gave out more than 22,000 tickets to drivers who could not provide proof of car insurance. The reason insurance is required is to make sure that any medical expenses that occur because of an auto accident can be covered. When a driver without insurance causes an accident, unfortunately, you will be the one who will be paying out of pocket to cover any medical expenses that occur.  This is simply not right.

You are probably a law-abiding citizen, a safe driver, and carry the minimum state-required motorist insurance. However, a large portion of Kansas City drivers do not have any insurance at all, and that is why you may need a Kansas City uninsured motorist lawyer.  As Kansas City car accident lawyers representing victims killed or seriously injured by uninsured motorists, Royce Injury Lawyers, have seen firsthand the impact an uninsured motorist can have on our clients.  Our attorneys have negotiated multiple uninsured motorist claims in Kansas City, all across Missouri, and nationwide.  Contact us today for a free consultation to learn what rights you have if you were hurt by an uninsured motorist. Call now at 855-976-9235.

What is an uninsured motorist?

An uninsured motorist is someone who is operating any sort of motor vehicle without at least the minimum amount of liability insurance required by their state’s law. If someone without insurance causes an accident that creates damage, it is not always easy if not impossible to receive compensation from the negligent party.

Who is Liable for Uninsured Motorist Damages?

Usually, when a victim is injured in an accident due to the negligence of another party, the victim seeks to recover damages from the negligent party’s insurance company, and of course the victim can pursue the negligent party individually.  However, according to the NTSB (National Transportation Safety Board), about 13% of drivers have no insurance, so the risks of getting in an accident with an uninsured motorist is extremely high. While of course, you can pursue damages against an uninsured motorist, the chances are if they do not have insurance, they likely do not have any personal assets that you would be able to take from them to cover your injuries. Additionally, most of those drivers with judgments against them file bankruptcy and wipe away all liability.  So, in short, there is extraordinarily little a victim of an uninsured motorist car accident can do to the negligent uninsured driver.

However, all hope is not lost, as Missouri and most states require insurance policies to cover their customers through uninsured motorist insurance.  Uninsured motorist insurance allows for an injured party to recover compensation from their insurance company if they are injured by an uninsured motorist or involved in a hit-and-run accident. This type of coverage also covers hit-and-run accidents and applies to pedestrians, those on bicycles, and other injured parties.

Under-Insured Motorist Coverage Accident Lawyers in Kansas City

Underinsured motorist insurance coverage allows for an injured party to be more fully compensated in an accident when there is a car accident and the negligent party does have insurance but has a small or basic insurance policy that does not have enough limits to cover all the damages the victim sustained.  For example, assume a driver is injured in an accident and they sustained $200,000 in medical bills, lost wages, and damages, but the at-fault driver’s insurance company policy limits are $100,000. The victim could sue the driver for the additional $100,000 and likely get zero, or they could put in a claim with their insurance company and get the $100,000 from their underinsured motorist policy. Underinsured motorist coverage is not compulsory so as a responsible driver it is an elected policy that you should heavily consider getting.

Underinsured Motorist coverage can apply to:

  • Motorcycle accidents
  • Bicycle accidents
  • Hit-and-run accidents
  • Pedestrian accidents
  • Passengers in the vehicle of the victim’s car or the underinsured motorist’s car
  • Hit-and-run car accidents are considered uninsured motorist claims.

Buy As Much Uninsured and Underinsured Coverage As Possible

If it is possible, it is always a good idea to purchase additional uninsured and underinsured coverage for yourself. Most times, the minimum amount will not be able to cover if you suffered an injury that is going to require long term or ongoing medical care and time you need to take off of work.

When someone is negligent and is either driving uninsured or underinsured, that person is still responsible for compensating you for the accident they caused. However, it could be hard to obtain any compensation from the negligent party if they do not have the financial resources to do so. This is a common situation for someone driving uninsured. Hiring an experienced personal injury attorney can help you win this case and get the compensation you deserve.

This is where your additional uninsured and underinsured coverage can help you along your way to get compensation. With the additional coverage you obtained, there is the chance that you can file a claim against the negligent party and still receive full compensation for the injuries you sustained. Since you have the extra insurance, your own provider will handle the payout instead of the other parties. The payment you receive from your insurance company might be the biggest settlement you receive from the auto accident.

However, this is still not a sure thing. You will most likely have to fight with your insurance company to get the compensation you deserve. This is why it is important to have an experienced lawyer representing you. Your lawyer will be able to protect your rights and negotiate with your insurance company to get a higher settlement for your troubles.

Do You Need an Attorney for an Uninsured Motorist Claim?

While insurance is necessary it does not mean your insurance company is going to act in your best interests. Most companies work for their benefit and the benefit of their shareholders by making money.  So by definition if you put in a claim against your insurance company for an uninsured motorist accident you are at odds with your insurance company because your insurance company makes more money by paying you less for your claim. Put in another way, your insurance company’s goal is to make you happy by paying you the least amount that will make you happy. If you hire a car accident lawyer Kansas City, MO recommends, your attorney’s job is to get you as much money as possible and make you happy, with no regard to how happy your insurance company is.

An additional consideration is that your insurance company may deny your uninsured motorist claim entirely trying to use loopholes in your policy to avoid liability.  Fighting an insurance company without legal representation is almost impossible.  The best thing you can do is hire an experienced attorney who will fight for your rights and handle things like:

  • Getting all medical records
  • Obtaining police reports
  • Reviewing your insurance policy to know the best way to recover compensation
  • Hire investigators

Additionally, you can often request arbitration with your insurance company which can speed up how quickly you get a settlement.  These types of meetings are best handled by an experienced attorney.

Contact Our Kansas City Uninsured Motorist Lawyer

Royce Injury has experienced Kansas City car accident attorneys who fight insurance companies for uninsured motorist pay outs all the time.

Before you accept any settlement offer, or frankly before you speak to your insurance company, you should talk to an attorney. Call our Kansas City uninsured motorist attorneys today for a free consultation at 855-976-9235.

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