Imagine you're driving around in Overland Park and suddenly, out of nowhere, you're involved in a car accident.  Then, you discover that the other driver is uninsured.  It's a situation no one ever wants to find themselves in, but it happens more often than you might think.  So, what should you do in such a scenario?

Our experienced Overland Park car accident attorneys will help protect your rights and navigate the issues of an uninsured motorist accident.  Call us today at 816-203-0143 for a free consultation

What to Do After a Car Accident with an Uninsured Motorist in Overland Park

The accident has happened, your heart may be racing, your car is damaged, and you've just discovered that the other driver is uninsured.  What do you do next?  Let's navigate these details together.  

Call the Police

Assess whether anyone is hurt and call 911 if necessary.  It's better to be on the safe side.  In Kansas, it's not just advisable - it's the law when there's property damage over $1000 or any injury, no matter how minor."  The responding officer will create an accident report, providing a crucial record of events. 

Document Everything

While waiting for law enforcement, start gathering information.  Jot down the uninsured driver's details: name, address, and contact information.   If there are witnesses, gather their information as well.  Remember, your smartphone is a valuable tool.  Take photos of the accident scene, your car's damage, the other vehicle, and any visible injuries.  This visual evidence could be very important later on. 

Notify Your Insurance Company. 

Once you've gathered all the necessary information, notify your insurance company about the accident as soon as possible.  Provide them with all the details you've collected.  This includes the other driver's information and the fact that they are uninsured.  Do not agree to any arrangements like cash payments at the scene.  Such agreements can complicate matters down the line.

Stay calm

and contact our Overland Park office for help.  While dealing with an uninsured driver can be confusing, understanding how to handle the situation can make it less stressful.  We answer the phone 24/7, so you can always reach us.

In summary, stay calm, call the police, document everything, and notify your insurer.  Follow these steps, and you'll navigate this situation like a pro.

Recovering Damages After an Uninsured Motorist Accident in Kansas

If you're caught in an accident situation with an uninsured motorist, relax we've got you covered in Kansas.  Here's a concise guide to your options for recovering damages:

Car Accidents with Uninsured Motorists in Overland Park KS1. Uninsured Motorist Coverage 

You may not know it, but your own insurance policy may be your knight in shining armor.  In Kansas, all auto insurance policies come with uninsured motorist coverage.  This nifty provision covers bodily injury sustained by you, your family members, and your passengers if an uninsured driver is at fault. 

2. Collision Coverage 

Another secret weapon in your insurance policy could be Collision Coverage.  This coverage pays for damage to your car, no matter who's at fault.  So, even if the other driver is uninsured, you're still in safe hands. 

3. Medical Payments Coverage 

Last but not least, there's Medical Payments Coverage.  This unsung hero pays for medical expenses for you and your passengers, regardless of fault.  It's like a safety net when you need it most. 

Bottom line?  You have plenty of options when it comes to dealing with uninsured motorists in Kansas.  Remember, knowledge is power - so arm yourself and drive safe!

4. Filing a Lawsuit Against the Uninsured Driver in Kansas

In Kansas, a driver can sue an uninsured motorist if they are at fault for causing an accident.  However, it’s important to note that even if a judgment is obtained against the uninsured motorist, it may be difficult to collect any damages awarded.

Negotiating a Fair Settlement After an Uninsured Motorist Accident in Overland Park 

Dealing with an uninsured motorist can be frustrating.  Knowing how to negotiate a fair settlement can make the process smoother.  Below is a guide on how to go about it. 

Understand Your Rights 

First and foremost, understand your rights as a victim.  In Kansas you have the right to seek compensation from the uninsured motorist for any damages or injuries. 

Document Everything 

Keep thorough records of everything related to the accident. This includes: 

  • Police report

  • Medical records

  • Photos of the accident scene

  • Any communication with the uninsured motorist

Calculate a Fair Settlement 

To calculate a fair settlement after an accident with an uninsured motorist in Kansas, there are several key factors you'll need to consider: 

  1. The cost of your medical bills: This includes the immediate medical costs following the accident, such as emergency room visits, ambulance fees, and hospital stays.  It’s also wise to consider ongoing costs such as physical therapy, surgery, medication, and any necessary medical equipment.
  2. Any lost wages due to inability to work: If the accident left you unable to work, either temporarily or permanently, we can claim these lost wages in your settlement.  We’ll include both the time you took off immediately after the accident, as well as any ongoing time off needed for medical appointments or due to disability.
  3. Damage to your vehicle: This includes the cost of any repairs necessary to fix your vehicle, or the current market value of your vehicle if it was totaled in the accident.  Don't forget to include the cost of any personal items that were damaged or destroyed in the accident.
  4. Any pain and suffering you've endured: This can be more difficult to quantify, but it's an important part of your settlement.  Pain and suffering can include physical pain, as well as emotional distress such as anxiety, depression, or post-traumatic stress disorder.  You’ll want to discuss this with our Overland Park attorneys to help calculate a fair amount for pain and suffering.

Negotiate with the Uninsured Motorist 

Once we’ve calculated a fair settlement, we’ll present your case to the uninsured motorist.  We’ll be firm, yet willing to negotiate.  Remember, it's in your best interest to settle out of court to save on legal fees. 

Note: If we're unable to reach a fair settlement, our skilled Overland Park attorney can guide you through the process and advocate for your rights.

Dealing with an uninsured motorist in Kansas can feel like a daunting task.  You don't have to do it alone.  Our Overland Park car accident attorneys are ready to step in, protect your rights and ensure you get the compensation you deserve. 

Contact Our Overland Park Car Accident Attorney Today

When you find yourself in a car accident with an uninsured motorist, it's a bit like playing 3D chess. The game is complex, unexpected and, let's be honest, not a game you want to play solo.  That's where our experienced car accident attorneys in Overland Park, Kansas can help. 

Why hire our car accident attorneys, you ask?  Well, let's break it down: 

  • Experience: We've been around the block a few times, and we can navigate the maze of legalities. We know the ins and outs of the Kansas motor vehicle laws.
  • Expertise: Not only do we have experience, but we also have expertise in personal injury law and practice throughout the state of Kansas. 
  • Support: We're in your corner, every step of the way.  From the moment you contact us till the case's conclusion, we're there to offer support, guidance, and legal insight.

Call us today at 816-203-0143 or contact us through our online contact form to schedule a free consultation.  You can also instantly download our free e-book Crash Course: 9 Mistakes That Can Wreck Your Injury Claim.  We’re here to help, and on your side.


Kevin J. McManus
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Kevin McManus is an accident injury and disability lawyer in Kansas City, MO, and Overland Park, KS