Why is Uber's insurance dodging me after a deer crash in Olathe?
You generally have 2 years from the crash date in Kansas to file a lawsuit, or you can lose your claim.
Yes, something may be wrong here. As a rideshare passenger, you usually have a stronger claim than the insurers want you to believe, because you were just along for the ride. The follow-up question you should be asking is: which insurance policy was active the exact second of the crash?
In Kansas, this is an at-fault state. A deer running into the road on I-35, K-10, or a busy Olathe arterial does not automatically end your claim. If the Uber driver was logged into the app and carrying you, Uber's third-party liability coverage can be in play. If another driver contributed, that driver's policy may be in play too. If your own PIP coverage exists through your auto policy, that can also help with medical bills and lost wages even though you were a passenger.
Do not let an adjuster blur those together.
What to do next:
- Get the Kansas crash report from the responding agency or the Kansas Highway Patrol if they worked the scene.
- Confirm the rideshare trip receipt showing you were an active passenger.
- Ask for the denial or delay reason in writing.
- Find out whether they are talking about Uber's policy, the driver's personal policy, or another vehicle's policy.
- Keep every bill, wage-loss record, and photo of injuries.
Kansas requires minimum liability coverage of 25/50/25, but rideshare coverage can be higher depending on app status. Also, Kansas uses modified comparative fault with a 50% bar, but as a passenger, fault usually is not the real fight. The real fight is insurers hoping you do not realize you may have access to more than one policy.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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