What Happens If the At-Fault Driver Doesn’t Have Enough Coverage?
By Pyle Law, Reviewed by E. Thomas Pyle August 20 2025 11:14 pmBeing in a car accident is overwhelming, but the challenge grows when the question of what happens if the at-fault driver doesn’t have enough coverage becomes part of the equation. In Kansas, all drivers must carry liability insurance, yet minimum policies often fall short of covering major injuries or vehicle damage.
At Pyle Law | Kansas Personal Injury & Workers Compensation Lawyer, we understand how frustrating it is when the other driver’s insurance doesn’t come close to covering your actual expenses. We’re committed to helping McPherson and Kansas residents take control of their options and confidently move forward.
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Underinsured motorist (UIM) coverage may fill in the gaps left by the at-fault driver’s policy. In Kansas, this is standard on most auto insurance plans and can cover expenses like medical treatment, lost income, and other out-of-pocket losses. It may also help with recovery-related needs such as physical therapy, in-home assistance, or rental transportation while your vehicle is in the shop.
Kansas applies a modified comparative negligence rule, meaning you can still recover damages if you’re less than 50% at fault, though your compensation will be reduced based on your share of the blame. This rule often plays a key role in determining who pays and how much, so documenting your side of the story is essential.
It’s smart to regularly review your policy, understand what it covers, and be familiar with the claims process. That way, you’re not caught off guard when it matters most. Even minor policy adjustments can offer significant peace of mind after a severe collision.
When damages exceed the limits of the at-fault driver’s insurance, there are a few ways you might still recover what you’re owed:
Nearly one in eight U.S. drivers is uninsured, and many others carry only the minimum liability required by law. This widespread lack of adequate coverage leaves many drivers vulnerable to paying out of pocket when serious accidents occur.
In some cases, a lawsuit may be necessary to recover excess damages. Even if the other driver lacks substantial assets, securing a judgment might create options for future collection.
Trust in my 20+ years of personal injury litigation experience to secure the outcome you deserve. From personal injury, car accidents, workers compensation and more, I handle it all with a commitment to justice. Just like one of our $2M Personal Injury case results, I fight tirelessly to ensure you receive maximum compensation for your injuries. We guarantee the protection of your rights throughout the entire process.
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Kansas law, under K.S.A. 40-3107(e), requires drivers to carry at least:
These amounts can disappear quickly after a crash involving emergency care or multiple people. Kansas drivers are encouraged to carry more than the minimum; some choose umbrella coverage for extra peace of mind.
This added protection is especially valuable for families or anyone who drives frequently. It helps prevent financial strain when accidents happen.
When the other driver’s policy doesn’t go far enough, your coverage often steps in. Kansas law requires uninsured and underinsured motorist coverage, which becomes your backup when someone else’s policy falls short.
Knowing what’s in your policy before an accident is essential. Terms, deductibles, and limits vary; those details matter when it’s time to file a claim.
Understanding your rights and how your coverage applies can help you navigate the aftermath more efficiently and pursue the compensation you’re entitled to.
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In Kansas, every auto policy must include coverage for uninsured motorists. As explained in K.S.A. 40-284, this also includes an underinsured provision, which helps protect you from drivers with little or no coverage.
This coverage generally helps with:
However, damage to your vehicle may require separate collision coverage.
The aftermath can be confusing when hit by an uninsured or underinsured driver. Our job is to guide you through it and help you understand every path forward, from filing claims to evaluating possible legal action.
What happens if the at-fault driver doesn’t have enough coverage is more than just a question; it’s time to get help. At Pyle Law | Kansas Personal Injury & Workers Compensation Lawyer, we’re here for injured drivers in McPherson and throughout the state of Kansas. We take the time to explain your insurance rights, evaluate the details of your accident, and pursue the outcome you deserve.
We are at 705 W Kansas Ave, McPherson, KS 67460, United States. Reach out today at (620) 241-9000 to get started.
Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.
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