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Written by AskTheLawyers.com™
Five to six million car accidents occur every year across the United States. Still, despite these numbers, most people rarely consider the possibility that they might be in a wreck. In fact, the most you think about potential car crashes may be when you are buying car insurance or renewing your policy. Even then, many people only consider their state’s minimum insurance requirements. So, when an accident does happen, most people do not have a thorough understanding of state laws, insurance policies or what procedures to follow. Thus, you may find yourself struggling to learn your rights in time to enforce them. Fortunately, you do not have to become an expert on injury claims to successfully file one – you can simply ask the lawyers.
Below, local Kansas attorneys offer information about car insurance, state laws and what to do after a crash. If you have questions or need assistance with a claim today, then contact us to set up a free consultation with a lawyer in your area.
After a crash, you can usually file an insurance claim, either with the at-fault driver’s provider or your own, to recover the cost of your accident-related expenses. However, the insurance industry is profit-based, and filing a claim can be a minefield of loopholes, misinformation and unforeseen challenges. Therefore, to protect your right to compensation, you should take certain steps after a crash.
Immediately after a car accident, if you are able, you should::
Then, as soon as you can, you should also:
Like most states, Kansas has mandatory car insurance laws which make it illegal to drive without a minimum amount of coverage. Every state sets its own rules for what qualifies as “minimum” insurance, including the type of coverage you need and the policy limits. In Kansas, the minimum insurance requirements are:
Additionally, Kansas is a “no-fault state,” which means that the procedure for filing a car insurance claim is somewhat simpler than other states. Instead of filing against the driver who caused the crash, you submit your claim to your own provider, regardless of fault. You therefore recover under your own PIP policy, although the available damages may be limited. For example, you generally cannot claim compensation for pain and suffering under this system. In some cases, such as if your expenses exceed the limits of your coverage, you may be able to file a claim against the at-fault driver as well..
Only a handful of states, including Kansas have pure contributory negligence laws, which may bar you from filing an injury claim after a car accident. According to this system, if you contributed at all to the accident that caused your injuries, then the law prohibits you from filing a claim against any other party. This means that if the insurance company or judge/jury finds that you are even one percent responsible for a car crash, then you cannot file a car insurance claim.
Due to the severity of this system, you should always consult with a car accident lawyer before filing an injury claim in Kansas. A lawyer can fight to prove that you have zero liability for an accident so that you can recover your rightful compensation.
If you have questions or concerns about insurance or negligence laws, then do not hesitate to ask the lawyers. Otherwise, to find an attorney in your area, consult our local listings.