Kansas City & Johnson County Uninsured/Underinsured Motorist Coverage
We have experience handling Uninsured and underinsured cases in Kansas and Missouri. Call us at 816-581-4602 today to speak to an experienced Kansas City/Johnson County personal injury attorney
This office strives to maximize the recovery for all those injured in Kansas City, Johnson County, Kansas and Missouri auto accidents. We promise to leave no stone unturned in our quest to make sure our clients receive every dollar they are owed due to an auto wreck in Missouri or Kansas. One such source of recovery which many law offices do not even realize is available is Uninsured and Underinsured coverages which are part of most insurance policies written in Missouri and Kansas. In fact, insurers often try to "load up" policies with uninsured and underinsured motorist coverage to increase premiums and profits. If the other driver has no insurance or too little insurance, we can pursue payment from your insurer.
Underinsured and Uninsured motorist coverages offer an additional source of recovery for some folks who have been injured in an vehicle accident in Kansas and Missouri. It allows the injured to collect from their own insurance company, under certain circumstances, when the party which caused their injuries cannot satisfy a judgement. In other words, if the liable party can't pay for the injuries from a Kansas or Missouri auto accident, underinsured/uninsured motorist coverage may pick up the slack and cut a check.
If you are in a car or truck accident with an uninsured or underinsured motorist, are there other potential insurance resources and coverage available to you? If you have questions regarding your rights, who can answer your questions and provide assistance in pursuing compensation and defending your rights?
Underinsured Motorist coverage in Kansas City, Johnson County, and elsewhere in Kansas and Missouri:
Underinsured motorist coverage was designed to offer reimbursement to those who are injured in car accidents by a party who cannot pay for their injuries. In Kansas and Missouri such coverage is offered with all auto insurance policies, although a driver may choose to opt out of such coverage. An example:
1. You are injured by another driver and your medical bills total $95,000
2. The other driver does only has $25,000 in liability insurance
3. The other driver has no significant assets or ability to satisfy a judgment beyond the $25,000 of his coverage
In this example, you could potentially seek the difference between the $95,000 in injuries and the $25,000 that the other driver can realistically pay. Kansas and Missouri underinsured motorist coverage is not limited to $100,000 - you can contract for any amount with your insurance company when you are arranging your coverage.
Uninsured Motorist coverage in Kansas City, Johnson County, and elsewhere in Kansas and Missouri:
Uninsured motorist coverage was designed to offer protection for those injured by motorists without insurance or when an at-fault motorist cannot be located (often called a hit-and-run). In Kansas and Missouri such coverage is offered with all auto insurance policies, although a driver may choose to drop such coverage in order to lower their premiums. An example:
1. You are injured by another driver and your medical bills total $100,000
2. The other driver does not have any liability insurance
3. The other driver has no significant assets or ability to satisfy a judgment
4. Your insurance policy includes $100,000 in uninsured motorist coverage
In this example, a driver could turn to their own insurance company to recover the entire amount of their injuries - the entire $100,000 in some cases. The bottom line is clear: Underinsured and uninsured coverage offers Kansas and Missouri residents excellent avenues for recovery when they are injured in a car accident.
1. You are injured by a "hit-and-run" driver.
2. You have injuries totaling $175,000
3. The "hit-and-run" driver cannot satisfy a judgment
4. Your insurance policy includes $100,000 in uninsured motorist coverage
In this example, you could collect against your own uninsured coverage, even though no one knows if the other driver had insurance at the time of the accident or whether they could satisfy a judgment beyond their coverage limits.
Uninsured and under insured cases in Missouri and Kansas are considered a contract action:
Kansas and Missouri courts have ruled that collecting on a Kansas or Missouri underinsured/uninsured policy is a contract action which triggers a 5-year statute of limitations. Why is this important? If an injured motorist can no longer sue the driver or entities at fault due to the statute of limitations, they may still be able to have their own insurance company cut a check for their injuries.
While pursuing a contract action instead of a tort action may seem off in a auto accident/personal injury case, it is often the best avenue for recovery in cases.
Jeremiah L. Johnson, LLC — Helping injured people with uninsured and underinsured motorist claims. Call 816-581-4602.
In Kansas, the insurance on your vehicle includes uninsured and underinsured motorist coverage.At the personal injury law firm of The Law Offices of Jeremiah L. Johnson, LLC, we are skilled and experienced in obtaining financial compensation for injuries sustained in accidents involving uninsured and underinsured motorists.
We can fight to obtain full coverage amounts against the other driver's insurance, then pursue additional compensation against your insurer. If the full financial value of your claim cannot be covered by the other driver's coverage, your insurer may be responsible for additional payment.
Our contingency fees for Kansas City, Johnson County, Kansas, and Missouri Uninsured and Underinsured representation:
Underinsured/Uninsured coverage will usually be triggered as part of our representation of clients injured in car accidents. This office takes most auto accident cases are on a contingency basis, meaning that we do collect an hourly fee, rather we take our fee as a percentage of the amount collected for our clients, after litigation expenses (such as expert fees or court reporter costs) are deducted. The advantage to clients is clear - you do not have to worry about paying an hourly fee for us to represent you and you may not have to come up with money for expenses which will total tens or even hundreds of thousands of dollars. This arrangement also gives this office an incentive to maximize the recovery for our clients as we both have a big incentive to increase the amount recovered.
For instance, if your total recovery was $100,000 after litigation expenses, and our percentage was 25%, then you would be entitled to $75,000 and our fee would be $25,000. While this office does not have a standard percentage, we typically structure our contingency fee agreements on a tiered basis with a relatively low percentage early in the litigation, with the fee percentage going up as litigation progresses. This office feels that this is an advantageous arrangement for our clients because our fees will vary based on the time elapsed and work put into the case - in other words, our agreements call for a relatively low fee percentage until we have put a significant amount of time and effort into the case.
When you hire attorney Jeremiah Johnson to handle your personal injury claim, you hire an aggressive attorney who will keep you updated on the progress of your case and who is willing to take your case to trial in front of a jury. Many lawyers are reluctant to go to trial. Many even refuse, and transfer cases to other firms when push comes to shove.
We are always willing to go to trial and we make this fact clear when negotiating with insurance companies. Our willingness to litigate cases in court has led to both increased settlement amounts and jury trials for five- and six-figure judgments.
If you were injured in an auto accident on I-35, 435, I-70, I-71, 291, K-10, 670, K-32 or anywhere else in Missouri or Kansas, call us for information and aggressive legal representation.
Uninsured and Underinsured Motorist Law
Uninsured motorist coverage is a form of “first-party” coverage, coverage under which one’s own automobile policy pays a benefit to the insured(s) under that policy. Such coverage is designed to pay to an injured insured person(s) amounts that the uninsured tortfeasor’s liability insurance would have covered, had the uninsured tortfeasor had coverage. Mandating of uninsured and underinsured motorist coverage is to protect innocent persons damaged through the negligent conduct of motorists who fail to meet the requirements of the law and who cannot be made to respond in damages. The mandatory inclusion of uninsured and underinsured coverage applies to automobile insurance policies issued in Kansas.
The following excerpt from Kansas Law provides an overview of the uninsured and underinsured coverage obligations:
K.S.A.40-284. Uninsured motorist coverage and underinsured motorist coverage; rejection; anti-stacking provision; exclusions or limitations of coverage; subrogation rights of underinsured motorist coverage insurer.
(a) No automobile liability insurance policy covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, unless the policy contains or has endorsed thereon, a provision with coverage limits equal to the limits of liability coverage for bodily injury or death in such automobile liability insurance policy sold to the named insured for payment of part or all sums which the insured or the insured's legal representative shall be legally entitled to recover as damages from the uninsured owner or operator of a motor vehicle because of bodily injury, sickness or disease, including death, resulting therefore, sustained by the insured, caused by accident and arising out of ownership, maintenance or use of such motor vehicle, or providing for such payment irrespective of legal liability of the insured or any other person or organization. No insurer shall be required to offer, provide or make available coverage conforming to this section in connection with any excess policy, umbrella policy or any other policy which does not provide primary motor vehicle insurance for liabilities arising out of the ownership, maintenance, operation or use of a specifically insured motor vehicle.
(b)Any uninsured motorist coverage shall include an underinsured motorist provision which enables the insured or the insured's legal representative to recover from the insurer the amount of damages for bodily injury or death to which the insured is legally entitled from the owner or operator of another motor vehicle with coverage limits equal to the limits of liability provided by such uninsured motorist coverage to the extent such coverage exceeds the limits of the bodily injury coverage carried by the owner or operator of the other motor vehicle.
The uninsured motorist coverage must insure the insured for payment that the insured would be “legally entitled to recover as damages” from the uninsured owner or operator of a motor vehicle. As such, uninsured motorist coverage does not place absolute liability on the insurer for the insured person must prove that he or she is “legally entitled to recover” damages from the uninsured motorist, that the uninsured motorist is legally liable to him or her for damages. The insured motorist must establish fault on the part of the uninsured motorist.
Uninsured motorist coverage limits the amount the insured can recover, even if the insured’s damages exceed that amount.
If you have questions regarding uninsured or underinsured motorist claims and your rights, contact us. We offer free initial consultations and are available for evening and weekend appointments. To contact a lawyer, call (816) 581-4602.