Personal Injury

What Happens if I Am Hit by an Uninsured Driver?

According to the Centers for Disease Control and Prevention, about 2.1 million people are treated in emergency departments for motor vehicle accidents each year in the United States. Of these three million people, approximately one in eight drivers do not carry auto insurance despite most states’ car insurance requirements. With the medical care costs of motor vehicle injuries and deaths exceeding $75 billion in recent years, it is important to know how to proceed if involved in an accident caused by an uninsured driver. The Prochaska, Howell & Prochaska LLC Law Firm car accident personal injury lawyers in Wichita, Kansas, have detailed everything you should do when dealing with an uninsured motorist.

File a Police Report

While an uninsured driver may attempt to discourage you from reporting an accident, it is critical to file a police report. Call the police immediately and do not allow the other driver to hand you a telephone number and leave the scene. If the driver leaves the scene before the police arrive, note the driver’s make and model of the car and the tag number. Use your cell phone to snap pictures of the cars and the other driver. Failing to report the accident can make it difficult to prove liability, gain compensation, and potentially cause legal penalties for fleeing the scene of an accident. When dealing with any accident, uninsured driver or not, the best practice is to call 911 and wait for the police to arrive. Once evidence from the accident is collected, contact information is exchanged, and any additional questions have been answered, a police report will provide a detailed record of the accident.

Do Not Accept Accident Liability

Avoid making any statements at the scene of the incident that could be perceived as an admission of liability. The uninsured driver can take vague phrases such as “I’m sorry this happened” and use them against you, so it is best practice to answer all questions honestly but abstain from offering unnecessary detail. Inadvertently accepting even partial liability may cost you and your insurance company a percentage of both parties’ damages.

You May Still Recover From an Uninsured or Underinsured Motorist

Don’t be discouraged just because you’re told by the other driver that they did not have insurance. First and foremost, they may not be telling you the truth. Second, in Kansas, your own insurance policy may have a provision that covers injuries and damage caused by an uninsured or underinsured motorist. The attorneys at PHP will explain that to you and help you recover.

You May Not Know You Were Injured

Many auto accident victims may not discover injuries until hours or days after the accident. Don’t let an insurance company tell you that you are not entitled to damages because you did not immediately go to the doctor or hospital. This is a common tactic they use to discourage paying valid claims. The attorneys at PHP can help you discourage those practices and help you recover from your injuries.

Hire a Car Accident Personal Injury Lawyer

According to Jakob J. Provo, a car accident personal injury lawyer at the PHP Law Firm in Wichita, one of the most important things you can do for yourself after an accident is to seek legal counsel. Time is of the essence, and delay could cost you your recovery.

“You will need a strong legal defense on your side to help investigate the accident and determine who is at fault,” said Provo. “If a negligent motorist has injured you, it is your right to hold them accountable and win compensation for your injuries.”

Hiring a trusted personal injury lawyer offers many advantages when dealing with an uninsured motorist accident. A car accident personal injury lawyer can help:

  • Investigate the circumstances of the accident and identify liability.
  • Negotiate with your insurance companies.
  • Offer support when navigating the claim process.
  • Assemble a claim.
  • Obtain compensation for injuries, vehicle damages, and other financial losses.

How PHP Law Firm Can Help

When you contact the PHP Law Firm car accident personal injury lawyers in Wichita, we can schedule a free consultation to discuss your situation before making a recommendation. If our personal injury team feels that you are the victim of an uninsured motorist and you would like to proceed with legal action, you will not be charged any fees unless we win compensation for you.

Contact us directly at (316) 683-9080 to schedule a free consultation. We look forward to speaking with you!


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Our highly qualified and compassionate team is available to listen and evaluate your case. We do not charge any fees unless we win. Call us at (800) 266-0036 to get started!

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