According to a 2019 Insurance Research Council (IRC) study, approximately one in eight drivers in the United States is uninsured. In 2019, the estimated nationwide uninsured motorist rate was 12.6%. That year, an estimated 10.9% of drivers were uninsured in Kansas, and 16.4% in Missouri. If you or a loved one suffered a traumatic brain injury (TBI) in a Kansas or Missouri car accident, and the at-fault driver does not have any insurance or enough insurance, you might be feeling overwhelmed. TBIs can result in lifelong disabilities and significant emotional and financial strain. That is where uninsured and underinsured motorist (UM/UIM) coverage comes in. This article discusses how this coverage works in Kansas and Missouri and how it can help TBI victims and their families get the compensation they deserve.
Understanding Uninsured and Underinsured Motorist Coverage
Uninsured motorist (UM) coverage pays for injuries and damages if the negligent driver does not have insurance. On the other hand, underinsured motorist (UIM) coverage helps cover your injuries and damages if the other driver’s insurance limits are not enough to cover all your damages.
These policies can cover, among others, the following damages;
- Medical expenses (both past and future)
- Lost income
- Pain and suffering
UM/UIM Coverage Laws in Kansas and Missouri
Kansas law requires drivers to carry both UM and UIM coverage. The minimum bodily injury limits for both are $25,000 per person and $50,000 per accident. If a car accident results in a TBI and the other driver does not have any or enough insurance, UM/UIM coverage kicks in. The policyholder can file a claim against their UM/UIM policy after exhausting the other driver’s coverage and seek additional compensation.
Missouri law also requires all drivers to purchase uninsured motorist coverage of at least $25,000 per person and $50,000 per accident. The difference is that Missouri law does not mandate drivers to carry UIM coverage. However, while carrying underinsured motorist coverage is not a legal requirement, it is highly recommended. UIM coverage can come in handy, especially in TBI-related accidents.
TBIs Often Require More Than the Minimum Coverage
Many drivers in Kansas and Missouri carry the minimum required liability coverage. In TBI-related car accident cases, this can become a problem very quickly. Often, TBIs require extensive treatment, including emergency surgery, ICU stays, and ongoing neurological care. The costs associated with this treatment can quickly soar into hundreds or thousands of dollars or even more. If an at-fault driver has minimum liability insurance, it might not be enough. That is why having a strong UM/UIM coverage is vital.
Filing a UM/UIM Claim
Here is the process of filing a UM/UIM claim;
- Report the accident to your insurer
- Gather evidence to support your claim
- Consult an attorney
- Submit the evidence/file a claim with your insurance company
- Negotiate a settlement
- Consider filing a lawsuit against the insurance company if negotiations fail
An experienced personal injury attorney can help you gather the evidence you need to build a strong case, negotiate with your insurance company, and file a lawsuit (if necessary).
Note: Due to comparative negligence laws, if a party is partially at fault for their accident, their UM/UIM settlement may be reduced by the percentage of fault.
Contact Us for Legal Help
If you or a loved one suffered a TBI in a car accident in Kansas or Missouri and the at-fault driver is uninsured or underinsured, contact our experienced brain injury counsel at Griggs Injury Law for help recovering the compensation you deserve.
