What to Do If You Are Hit by a Drunk Driver in Kansas

After a crash with a suspected drunk driver, you may be dealing with injuries, a damaged car, missed work, and questions about who will pay. An arrest does not resolve those problems, and an insurance claim may require more than proof that the other driver was drinking.

Start with safety and medical care. Then preserve what you can and learn which insurance benefits and legal options may apply. This guide explains practical next steps after a Kansas crash, including how an injury claim differs from a criminal DUI case. If the crash occurred in Missouri or involves another state, different rules may apply.

1 Get to safety and call 911

Report the crash and request medical help if anyone may be injured. Follow the dispatcher’s instructions. If you suspect impairment, tell responding officers what you actually observed, such as erratic driving, slurred speech, or the smell of alcohol. Avoid guessing about how much someone drank.

Do not confront the driver or try to conduct your own sobriety test. If the driver leaves, share any safely observed description, license plate, and direction of travel with police. Do not pursue them.

2 Get medical care and document your recovery

Seek prompt medical assessment if you are hurt or develop symptoms after the collision. Describe your symptoms accurately, follow treatment recommendations, and tell your provider about changes in your condition.

Keep records of appointments, prescriptions, bills, travel for treatment, and time away from work. A short recovery journal can help you remember disrupted sleep, activities you cannot manage, and help you need at home. Record what happened rather than trying to make an entry sound persuasive.

3 Save evidence while it is available

If you can do so safely, collect:

• Photos of vehicle damage, the roadway, debris, traffic signals, and visible injuries.
• Names and contact information for witnesses.
• The other driver’s identification and insurance information.
• The responding agency’s name and the crash report number.
• Original dashcam footage and any messages about the collision.

Keep original files and backups. Nearby businesses or homes may have video, but recordings can be overwritten. Let your attorney know about possible cameras promptly so preservation can be considered.

If you were taken to the hospital and collected nothing, do not assume you have lost your claim. Police records, witnesses, vehicle evidence, and other sources may help reconstruct what happened.

4 Notify your insurer and understand what you are signing

Report the collision to your insurance company promptly and ask about applicable benefits and claim requirements. Provide accurate information. If you do not know an answer, say so rather than estimating.

Before giving a recorded statement to another driver’s insurer, signing broad medical authorizations, or accepting an injury settlement, consider getting legal advice. A settlement release can affect your ability to seek additional compensation, even if treatment continues. Your own policy may also contain cooperation requirements that should not be ignored.

The DUI prosecution and your injury claim are separate

A criminal DUI case addresses an alleged violation of the law. A civil injury claim seeks compensation for losses caused by the crash. The prosecutor does not act as your personal injury lawyer.

Evidence gathered during an impaired-driving investigation may be important, but the civil claim still needs evidence connecting the driver’s conduct to the collision, your injuries, and your losses. Do not assume an arrest guarantees compensation or that the absence of charges eliminates a potential claim. An attorney can assess the evidence and the status of each proceeding.

You also should not wait for a criminal case to finish before asking about civil deadlines.

How Kansas insurance coverage may apply

Several sources of coverage may need review after a drunk-driving crash.

Personal injury protection (PIP). Kansas auto policies generally include PIP benefits that may help with covered medical expenses and certain other losses regardless of fault. Eligibility, available benefits, and coordination with other payments depend on the law, the policy, and the facts.

The responsible driver’s liability coverage. A claim against that driver may address losses the driver caused, subject to proof of liability, coverage, and available policy limits.

Uninsured or underinsured motorist coverage. Your own policy may be relevant if the responsible driver has no applicable insurance or insufficient coverage. Whether benefits are available requires a careful review of the policy and circumstances.

For pain-and-suffering damages in covered Kansas motor vehicle cases, state law generally requires qualifying medical treatment with a reasonable value of at least $2,000, or a listed injury such as permanent disfigurement or a qualifying fracture. This is different from simply using up PIP benefits. Ask how they apply to your injuries rather than assuming that PIP either replaces or prevents every claim against the driver.

What losses can an injury claim address

Depending on the evidence and applicable law, a claim may include medical expenses, lost income, reduced earning ability, property damage, and pain and suffering. Future losses require support; they should not be guessed at because an insurer wants an early answer.

Evidence of impairment matters, but fault can still be disputed. Under Kansas comparative-fault rules, your share of fault can reduce compensation. Recovery generally requires your negligence to be less than the combined causal negligence of the parties against whom you claim. The crash evidence deserves attention even when drinking appears to be involved.

If a family member died, speak with a lawyer about the claims and deadlines that may apply. Who can bring a claim and which losses can be recovered require a separate review.

Do not put off checking the deadline

Kansas personal injury lawsuits generally have a two-year limitations period, but exceptions and claim-specific rules can change the analysis. Insurance notice requirements and other deadlines may arise sooner. Do not use a general article to calculate your filing date or assume ongoing negotiations protect it.

Early advice also gives you a better chance to identify evidence before it disappears.

Frequently asked questions

Do I need a DUI conviction to contact a lawyer

No. You can seek advice while an investigation or criminal case is pending. A lawyer can evaluate potential civil claims based on the available evidence.

Will the drunk driver’s insurer pay all my bills

That is not guaranteed. Payment depends on responsibility, coverage, policy limits, and proof of losses. Other available coverage may need investigation too.

What should I bring to an initial consultation

Bring whatever you have: the crash report number, photos, insurance information, medical bills, correspondence from adjusters, and any settlement documents. Missing paperwork should not stop you from asking for help.

Talk with Biesterveld & Crook about your next steps

If you were injured by a suspected drunk driver in Kansas, contact Biesterveld & Crook for a free consultation. Our Overland Park firm can discuss the circumstances, identify questions about coverage and evidence, and explain possible next steps. No article can determine the outcome of your individual case.

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This article provides general information, not legal advice. Reading it or contacting the firm does not establish an attorney-client relationship.

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