Hit by an Uninsured Driver in Wichita: Your Rights and Next Steps

Call 911 and request a police report. When exchanging information with the other driver, ask for their insurance card. If they cannot produce proof of insurance, tell the responding officer. The officer will document the uninsured status in the crash report, and driving without insurance in Kansas (K.S.A. § 40-3104) carries penalties including fines and vehicle impoundment.

Do not let the other driver talk you out of calling police. Uninsured drivers sometimes plead with the other party to handle things 'between us' and offer cash at the scene. This never works in your favor — without a police report documenting the accident and the other driver's lack of insurance, your UM claim becomes much harder to process.

Photograph the other driver's license, license plate, and vehicle. Get their name, phone number, and address. If they claim to have insurance but do not have the card, get the policy number and insurer name and verify it later. Some drivers carry expired or cancelled policies. The police report and your documentation protect you if the other driver disappears.

Kansas is a no-fault insurance state. Your personal injury protection (PIP) coverage pays your initial medical expenses (at least $4,500) and disability income ($900/month) regardless of who caused the crash and regardless of whether the other driver has insurance. PIP is your first line of financial protection.

Contact your auto insurer immediately to file a PIP claim. PIP coverage does not require a police report or proof that the other driver was uninsured — it is triggered by the accident itself. PIP provides fast financial relief for your earliest medical expenses and lost wages while you navigate the more complex UM claim.

PIP limits are quickly exhausted for serious injuries. Once your medical expenses exceed the PIP threshold, you need additional coverage sources — your UM policy for injuries caused by an uninsured driver, and the civil claim against the driver personally.

Your UM coverage is your primary recovery path. UM insurance pays for your injuries — medical expenses, lost wages, pain and suffering — when the at-fault driver has no liability insurance. Contact your auto insurer and open a UM claim. Provide the police report, photos, medical records, and all documentation of the accident.

Kansas law requires auto insurers to offer UM coverage to every policyholder. If you declined UM coverage when purchasing your policy, you cannot use it now — but verify with your insurer, because UM coverage may have been included by default. If you carry UM coverage, your policy limits determine the maximum you can recover. Common UM limits are $25,000, $50,000, $100,000, or $250,000 per person.

Be aware that your UM insurer, even though it is your own insurance company, has a financial incentive to minimize the payout. They will investigate the claim, may dispute fault or injury severity, and may offer a low initial settlement. Your UM claim is essentially a mini-lawsuit against your own insurer — you are entitled to the same damages you would recover from the at-fault driver if they were insured.

Seek medical treatment promptly regardless of the other driver's insurance status. Your health and your documentation do not depend on whether the other driver can pay — PIP and UM coverage both apply. Wesley Medical Center and Ascension Via Christi St. Francis are Wichita's Level I trauma centers for serious injuries; urgent care and your primary care physician handle less severe injuries.

Your medical records are the foundation of your UM claim. Document every injury, every treatment visit, every prescription, every therapy session, and every out-of-pocket expense. Consistent treatment with no gaps protects your claim from your UM insurer's arguments that your injuries were not serious or not related to the crash.

Keep records of lost wages, including pay stubs, tax returns, and employer verification. If your injuries affect your ability to work long-term, document your occupational limitations. Pain and suffering, emotional distress, and loss of enjoyment of life are also compensable under your UM claim — a journal documenting your daily experience with pain and limitations supports these non-economic damages.

Yes, you can file a civil lawsuit against an uninsured driver for the full amount of your damages. Kansas's statute of limitations gives you 2 years from the date of injury (K.S.A. § 60-513). If you win a judgment, the uninsured driver is legally obligated to pay.

The practical challenge is collection. Drivers without insurance often have limited assets. A court judgment is only as valuable as the defendant's ability to pay it. You cannot collect from someone who has no money, property, or garnishable income. However, judgments in Kansas are valid for 5 years and can be renewed, so if the driver's financial situation improves, you can collect later.

Filing a lawsuit also serves as leverage. Some uninsured drivers have assets they would rather protect — a home, a business, savings. The threat of a judgment and wage garnishment can motivate a settlement, even from someone without insurance. Your attorney can assess whether a lawsuit is worth pursuing based on the driver's apparent financial situation.

If you do not carry UM coverage, your options are more limited but not zero. Your PIP coverage still pays initial medical bills and lost wages. Your health insurance covers medical treatment (subject to copays and deductibles). And you can still sue the uninsured driver personally for the full amount of damages.

If the uninsured driver was working at the time of the crash — driving for an employer, making a delivery, or performing a work-related task — the employer may be vicariously liable. The employer's commercial auto or general liability policy would then be available to pay your claim.

If the crash occurred in a parking lot or on private property, the property owner may share liability if poor maintenance, design, or lighting contributed. These are creative but legitimate theories that expand the pool of available insurance and assets when the at-fault driver has none.

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your damages. Both are important, and they work differently.

Example: The at-fault driver has Kansas's minimum coverage of $25,000, but your damages are $100,000. Their policy pays $25,000 (the maximum available), leaving a $75,000 gap. If you carry UIM coverage at $100,000, your UIM pays up to the difference between what the at-fault driver's policy paid and your UIM limit — potentially covering most or all of the gap.

Kansas's minimum liability coverage is $25,000 per person (K.S.A. § 40-3107). For any accident with serious injuries, this is inadequate. Carrying both UM and UIM coverage at high limits is the single most important thing you can do to protect yourself financially against uninsured and underinsured drivers in Kansas.

Hit by an uninsured driver in Wichita? Take our free Injury Claim Check at /check. Answer four quick questions about your accident, injuries, and location, and you will receive a personalized report covering your filing deadline, Kansas legal rules, UM coverage guidance, and your next steps — plus the option to connect with a Wichita attorney who handles uninsured driver cases.

Being hit by an uninsured driver feels like you are on your own. You did everything right — carried insurance, drove safely — and the person who caused the crash had nothing. Kansas law and your own insurance policy give you tools to recover. Your PIP and UM coverage exist for exactly this situation. Start with the free claim check — it takes 60 seconds and costs nothing.