When a Kansas motorist is injured in a wreck by another driver, they should be fairly compensated for their injuries, medical bills, lost wages, and trauma. However, that's just simply not always the case. One of the biggest obstacles that can arise is when the negligent person responsible for the accident is underinsured, or not insured at all.
For example, imagine being in a car accident and incurring $100,000 in medical bills. What if the person who ran into you had car insurance, but only for $50,000 of coverage? You could be left with $50,000 in medical bills, without even addressing your other financial needs. Worse yet, what if the driver did not have any insurance at all? Yes, you could sue them, but just because you receive a large sum through a judgement does not guarantee you will actually see any of the money when you need it most.
That is where uninsured motorist (UM) insurance comes into play, which holds your own insurance responsible for providing you the protection you need. An Johnson County car accident attorney can work with your own insurance company to help you obtain a fair settlement or payout on your vehicle wreck.
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If you have been injured in a car, truck, or motorcycle collision and the responsible driver was underinsured, uninsured, or actually left the scene before they could be identified, you may be in for a fight. UM insurance can provide you what you are "legally entitled to recover" in a Kansas lawsuit against the other driver.
In such a collision, you can expect some coverage for:
- Medical bills
- Lost wages
- Repair costs
- Pain and suffering
However, your UM insurance only has to cover up to what their coverage provides. Additionally, it does not stack with the coverage provided by the negligent at-fault driver. This all means that you could be left stranded and struggling with bills, even if you had uninsured motorist coverage.
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In Kansas, all drivers have UM insurance equal to at least $25,000 per person and $50,000 per accident. This is woefully inadequate in the event you are in a serious accident. You should strongly consider higher policies to provide you stronger protection. It should also be noted that Kansas is a modified comparative fault state.
This means they apply the 50% rule where damages will be reduced, depending on their percentage of fault. However, if you are determined to be over 50% at-fault you would not be entitled to recover anything. Determining and assigning fault involves complex legal and factual issues so it is extremely crucial to obtain an experienced personal injury attorney right away.
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"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
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