new hampshire car accident

kansas car accidentHurt in a Car Accident in Kansas?

Local Attorneys Explain Claims, Insurance and Negligence Laws

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.

How Do I File a Car Accident Claim in Kansas?

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::

  • Call the police and an ambulance. Your first concern should be getting medical help for anyone who needs it. Additionally, a police report can be powerful evidence for your injury claim.
  • Get information from the other driver and witnesses. Write down the names and contact information plus the other driver’s insurance information and license number.
  • Take pictures. Use your phone to take pictures of the scene, your car, any other vehicles and even your injuries.

Then, as soon as you can, you should also:

  • Notify your insurer. Most insurance policies require the holder to notify the provider of any accidents as soon as practically possible. However, DO NOT say anything besides reporting the basic facts of the accident as you know them. If the insurance agent asks if you are making an injury claim and you are unsure whether you suffered harm, tell them you are going to the doctor or hospital and will answer that question at a later time. Some injuries may take hours or days to appear, especially when a person’s adrenaline is running high after a wreck. Answering further questions before calling an attorney may negatively affect your claim.
  • Call a lawyer. You can get legal advice for any claim, free of charge, in a complimentary attorney consultation. A lawyer can tell you whether you can handle the claim on your own or may offer you representation. An attorney can also either lay out the steps you should follow or guide you throughout your claim.
  • Keep a record of any medical treatments and injuries. If you did not receive medical treatment at the scene, then you should visit the doctor as soon as you can to get a medical opinion. Either way, keep careful records.

What Are the Car Insurance Requirements in Kansas?

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:

  • $25,000 bodily injury liability per person. This means that each person, other than the policy holder, can receive up to $25,000 in compensation for injuries.
  • $50,000 bodily injury liability per accident. Regardless of the injury coverage limits per person, the insurer will only pay $50,000 total for all injuries related to a single accident.
  • $25,000 property damage liability coverage. This applies to the damage to vehicles other than the policy holder’s car.
  • Personal injury protection (PIP). If you have PIP coverage, then you can file a claim with your insurer for your own injuries and property damage, even if you were at-fault for the accident. Your car insurance policy must include PIP at the following minimums per accident:
    • $4,500 per person for medical costs.
    • $900 per month for 1 year for disability and loss of income.
    • $25 per day for in-home services.
    • $2,000 for funeral, cremation or burial expenses.
    • $4,500 for rehabilitation.
  • Uninsured/underinsured motorist (UM/UIM) coverage. If you have this coverage the at-fault driver in a car accident has no insurance, despite state laws, then you can file a UM/UIM claim with your own provider. Additionally, if your expenses exceed the limits of the at-fault driver’s insurance policy, then this policy can help make up the difference. Kansas requires $25,000 for bodily injury, per person, and $50,000 for total injuries if multiple people in your car are hurt in UM/UIM insurance.

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..

How Will Kansas’s Contributory Negligence Laws Affect My Claim?

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.

Need Help with a Car Accident Claim? Ask the Lawyers!

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.