Being involved in a car accident is distressing enough, but when the other driver does not have car insurance to pay for your personal injuries or damages to your vehicle, it can add additional worry and complications. This article aims to provide guidance to injured car accident victims in the Kansas City area on what steps to take if they are struck and injured by an uninsured driver. By understanding the necessary actions and seeking legal assistance, you can still pursue a fair recovery for your damages and protect your rights.
Contact Your Own Car Insurance Company After an Uninsured Motorist Accident
You need to contact your car insurance company promptly after being injured by an uninsured motorist in both Kansas and Missouri. In both Kansas and Missouri, if you have car insurance, you were required to purchase what is called “uninsured motorist coverage.” This coverage protects you and pays up a certain amount in the event you were injured by someone who did not have car insurance at the time they caused your injuries. In both Kansas and Missouri, you are required to have a minimum of $25,000.00 to cover your car accident injuries if you were injured by an uninsured motorist. We at Foster Wallace, LLC, however, suggest that you pay more for additional coverage. Thus, if you or a family member were injured by an uninsured driver, you can potentially seek more money assuming your injuries warranted it. We have seen too many times where someone was badly hurt but our client only had $25,000 in coverage available to them. If they would have had additional coverage, they would have received much more money for their injuries. The difference in the premiums amount is negligible considering the upside of getting a lot more money for your claim. When filing a claim with your insurance company, you need to keep in mind that your insurance company and you may be adverse to each other as you seek more damages for your car wreck case than they will want to make. It would be smart to talk to a personal injury lawyer before calling your own insurance company.
Preserve Evidence for Your Car Accident Insurance Claim or Lawsuit
Following the accident, you should take photographs of the accident scene, collect contact information from all witnesses, seek immediate medical attention, and contact the police department so they can do a police report. It is very important to seek medical attention as soon as you can. Some injuries, like whiplash or back injuries, may take a day or two before they manifest. By seeking medical attention after a wreck, you ensure that your injuries are documented, linking them to the car accident. Also, maintain all records of your expenses and lost income.
Seek Legal Representation to Protect Your Rights
The importance of consulting an experienced personal injury lawyer who can help navigate the complexities of uninsured motorist claims is crucial. As mentioned above, while you are dealing with your own insurance company, they are acting as an adversary in an uninsured motorist claim and will do whatever they can to minimize your claim and injuries. A Kansas City car wreck attorneys like the ones at Foster Wallace, LLC can assist in preserving evidence, talk to your doctors and understand your injuries, and can eventually negotiate with your own insurance company to pursue a fair recovery for your damages.
Types of Damages You May Be Entitled To
Just like a typical car wreck case against someone who was negligent and injured you, your own insurance company steps in to pay the damages on behalf of the uninsured driver. Both Kansas and Missouri have a five-year statute of limitations for uninsured motorist claims because the claim is based in contract rather than based on negligence. You are still entitled to compensation to pay for your medical bills, lost income, physical pain and suffering, emotional distress, and other accident-related expenses.
Being involved in a car accident with an uninsured driver can be daunting, but it does not mean you have don’t have options for seeking compensation. By promptly contacting your car insurance company, preserving evidence, and seeking legal representation, you can protect your rights and pursue a fair recovery for your damages. Remember, consulting an experienced car accident lawyer can provide the guidance and support needed to navigate the complexities of uninsured motorist claims and increase your chances of a successful outcome.