While walking on a semi-rural road, in Missouri a Kansas woman was struck by a vehicle, which then fled the scene. As a result of the accident, the woman was catastrophically injured. Unbeknownst to most people, pedestrians can pursue a claim under their own auto insurance policy. In this matter, because the driver’s identity was in question, Atty. Pottenger filed a claim under the victim’s underinsured and uninsured auto policies.
As if insurance policies weren’t complicated enough, many victims of automobile accidents are forced to deal with conflicts in state’s laws. Maximizing compensation in insurance claims hinges on a thorough review of policies and knowledge of the ever-changing laws. In order to successfully serve the Kansas and Missouri area, Atty. Pottenger is required to be well-versed in each state’s laws and policies.
Our client’s auto insurance policies were written in the state of Kansas, but delivered to an address in Missouri. This fortunate fact allowed Atty. Pottenger to use Missouri’s law which permits the stacking of uninsured and underinsured auto insurance policies to his client’s advantage. Stacking refers to the process adding the value of uninsured/underinsured motorist coverage’s applicable to each vehicle insured by the injured motorist, is not permitted in the state of Kansas.
In this case, by arguing Missouri law applied to allow the stacking of uninsured and underinsured policies, the clients potential coverage in the state of Missouri was up to $2 million, compared to $500,000 of coverage in Kansas. , A Missouri judged ruled that Missouri law applied but the insurance company appealed. Taking the case to a higher court proved unsuccessful for the insurance company. The decision was sustained by the Missouri Court of Appeals and our client was awarded $1.8 million.
———————
At The Pottenger Law Firm LLC, our Kansas City personal injury lawyers are dedicated to fighting for the rights of accident victims. We understand the unique challenges faced by individuals who have suffered a serious injury because of someone else’s negligence. We know the costs – financial, physical, and emotional – that victims and their families are left facing.
You and your family should not be held responsible for the considerable expenses associated with medical care, lost wages, and more. Our compassionate and experienced Kansas City personal injury attorneys may be able to help you get the financial compensation you deserve. To discuss your case with us in more detail, contact us today for a free consultation by calling 816-531-6006.
