The Law Office of Kurt H King

July 18, 2017

Kansas Under-Insured Motorist Coverage

Under Kansas statute K.S.A. 40-284(b), Under-Insured Motorist (“UIM”) automobile coverage pays only “to the extent such coverage exceeds the limits of the bodily injury coverage carried by the owner or operator of the other motor vehicle.” Kerns v. Alliance Indemnity Co., Slip Op. 79948 (Mo. Ct. App. W.D. April 25, 2017).

So, if you carry the minimum 25/50 (in thousands of dollars), your UIM coverage does not pay you a dime because the other driver will have at least the required minimum 25/50 of bodily injury coverage.  Since your $25k of UIM does not exceed the other driver’s $25k of bodily injury, you get zero from your UIM.

(Note: Kansas law prohibits “stacking” of UIM coverage.  K.S.A. 40-284(d))

Even if you buy more than the 25/50 minimum of UIM, it still pays you nada if the other driver has as much or more bodily injury coverage.  For example, if you carry $100k in UIM, and are hit by another driver with $100k in bodily injury coverage, your UIM pays nothing because your UIM of $100k is no greater than the other driver’s $100k of bodily injury coverage!

We wonder if insurance agents explain this to the people buying insurance from them.  If they are, one would expect the buyer to either waive UIM coverage or buy more than teh minimum 25/50 amount.

Kurt H. King, Attorney at Law

20 E. Franklin, Liberty, Clay County, Missouri

816.781.6000

Personal Injury, Workers’ Compensation, Litigation, General Matters

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