Hit by an Uninsured Driver in Kansas City: Your Rights and Options

When you discover the other driver has no insurance, the police report becomes your most critical piece of evidence. Call 911 and wait for the Kansas City Police Department (for city streets) or Missouri State Highway Patrol (for highways and interstates) to arrive. The officer will document the crash, collect statements from both drivers, and record the fact that the other driver could not produce proof of insurance.

Under Missouri's Compulsory Motor Vehicle Insurance Law (RSMo § 303.025), every driver must maintain minimum liability insurance. Driving without it is a class D misdemeanor for a first offense, punishable by a fine of up to $500. Repeat offenses carry higher penalties. The officer may cite the uninsured driver at the scene, and that citation strengthens your UM claim.

Get the report number before officers leave. You will need this report when you file a UM claim with your own insurer. If the uninsured driver fled the scene — which happens more frequently when drivers know they have no insurance — the police report documents the hit-and-run. Kansas City Police can be reached at (816) 234-5111 for non-emergency reports. For accidents on I-70, I-35, I-435, or I-470, the Missouri State Highway Patrol handles the report — reach them at (816) 622-0800 (Troop A).

Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver carries no insurance. Under RSMo § 379.203, every auto liability insurance policy issued in Missouri must include UM coverage. Missouri takes this a step further than most states — your insurer must include UM coverage unless you specifically rejected it in writing. If you never signed a written rejection form, your policy includes UM coverage by operation of law, even if it does not appear on your declarations page.

UM coverage pays for your medical bills, lost wages, pain and suffering, and other damages — the same categories that a liability claim against the at-fault driver would cover. Your UM limits typically match your liability limits. Missouri's minimum liability requirements are $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage (RSMo § 303.190). If you carry higher liability limits, your UM limits may be higher as well.

Filing a UM claim means filing against your own insurance company. Even though you are the policyholder, your insurer still has a financial incentive to minimize the payout. They may dispute the severity of your injuries, argue that a pre-existing condition caused your symptoms, or claim you share fault for the accident. If you and your insurer cannot agree on a settlement, Missouri law allows you to file a lawsuit against your own insurer or demand arbitration if your policy includes an arbitration clause.

If you signed a written rejection of UM coverage when you purchased your policy, your options are more limited. You can sue the uninsured driver directly in civil court. You have the same right to pursue a personal injury claim against them as you would against any at-fault driver. The practical challenge is collection — a driver who cannot afford insurance typically cannot afford to pay a judgment. Even if you win, collecting through wage garnishment may take years with minimal results.

Check your policy carefully before assuming you have no UM coverage. Missouri law makes it difficult to waive — your insurer must have obtained your written rejection on a specific form. If the insurer cannot produce a signed written rejection, courts have consistently held that UM coverage exists on the policy by default. An attorney can review your policy and the insurer's records to determine whether a valid rejection exists.

Also check whether you have medical payments coverage (MedPay) on your auto policy. MedPay pays your medical bills regardless of fault, up to your policy limits — typically $5,000 to $25,000. Your health insurance will also cover treatment. If you were a passenger in someone else's vehicle, the vehicle owner's UM coverage may apply to you. Workers' compensation may apply if you were injured while working.

A related situation is when the at-fault driver has insurance, but their limits are too low to cover your damages. Missouri requires only $25,000 per person in minimum bodily injury liability. A single ER visit, surgery, and a few weeks of physical therapy can easily exceed that amount. Underinsured motorist (UIM) coverage fills the gap between the at-fault driver's policy limits and your actual damages.

Under RSMo § 379.203, UIM coverage is included in Missouri auto policies under the same rules as UM coverage — it must be offered and is included unless you specifically rejected it in writing. Missouri also allows stacking of UM/UIM coverage in some circumstances. If you have multiple vehicles on your policy, you may be able to stack your UM/UIM limits — meaning if you carry $50,000 per vehicle and have two vehicles, your available UM/UIM coverage could be $100,000.

Stacking rules in Missouri depend on your policy language and whether the insurer included an anti-stacking provision. Missouri courts have scrutinized these provisions carefully. If your damages exceed the at-fault driver's policy limits and your single-vehicle UIM limits, ask an attorney about whether stacking applies to your policy. The difference can be significant for serious injuries.

Missouri follows a pure comparative fault rule (RSMo § 537.765). This is one of the most claimant-friendly fault rules in the country. Under pure comparative fault, your compensation is reduced by your percentage of fault — but there is no threshold that eliminates your claim entirely. Even if you are 80% at fault, you can still recover 20% of your damages. Even at 99% fault, you recover 1%.

This matters for UM claims because your own insurance company may try to argue you share fault for the accident to reduce the payout. Common arguments include: you were speeding, you ran a red light, you failed to yield, or you were not wearing a seatbelt. Under Missouri's pure comparative fault system, these arguments can reduce your recovery but cannot eliminate it — unlike neighboring states like Kansas (50% bar) or Illinois (50% bar) where exceeding the fault threshold means you recover nothing.

Protect yourself by documenting the accident thoroughly. Photographs of the scene, witness contact information, dashcam footage, and the police report all make it harder for your insurer to shift blame. If the uninsured driver received a citation — for running a stop sign, following too closely, or driving without insurance — that citation is strong evidence of their primary fault.

Missouri's statute of limitations for personal injury claims is 5 years from the date of injury (RSMo § 516.120). This is one of the longest deadlines in the country and applies to both lawsuits against the uninsured driver and UM claims against your insurer. For wrongful death, the deadline is 3 years (RSMo § 537.100). For property damage only, the deadline is also 5 years under RSMo § 516.120.

Even though you have 5 years, do not wait. Evidence degrades quickly — surveillance footage is overwritten within days, witnesses move away and forget details, and medical records become harder to connect to the accident as time passes. Notify your insurance company of the accident and the other driver's lack of insurance as soon as possible. Most UM policies require prompt notice, and delayed reporting gives your insurer leverage to question the legitimacy of your claim.

If your accident happened on the Kansas side of the metro — in Kansas City, Kansas, Overland Park, Olathe, or Shawnee — Kansas law applies instead. The Kansas statute of limitations for personal injury is only 2 years (K.S.A. 60-513), and Kansas uses a modified comparative fault rule with a 50% bar. The state where the accident occurred determines which laws apply, so knowing exactly where the crash happened matters.

Want to understand your options after being hit by an uninsured driver in Kansas City? Get your free Injury Claim Check. You will answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report explaining your UM claim options, potential recovery, and next steps — and connect you with a Kansas City personal injury attorney experienced in uninsured motorist claims.

Being hit by an uninsured driver feels unfair because you followed the law and the other driver did not. Missouri's UM requirements and pure comparative fault rule give you more protection than most states offer. But insurance companies still try to minimize payouts on UM claims — even to their own policyholders. Start with the Injury Claim Check. It is free, confidential, and takes less time than being on hold with your insurance adjuster.