How Car Accident Compensation Works in Kansas

State law requires all drivers to have car insurance, including a minimum of 25/50/25 insurance. That means their policies must have liability limits of at least:

• $25,000 for injuries caused to a single person
• $50,000 for bodily injury for all injured parties in the accident
• $25,000 for property damage.

All drivers are also required to carry personal injury protection (PIP) insurance, which covers the insured motorists as well as passengers at the time of crash. The minimum requirements are:

• $4,500 per injured person for medical expenses
• Up to $900 per month for disability or loss of income for up to one year
• Up to $25/day for in-home services
• $2,000 for funeral, burial and cremation expenses
• $4,500 for rehabilitation expenses
• Up to $900/month for one year for loss of income for survivors of people killed in auto accidents.

In addition, drivers are required to carry uninsured and underinsured coverage of at least $25,000 per person and $50,000 per accident. This applies if you are injured in an accident with a driver who does not have insurance, does not have enough insurance to cover your damages, or if you are hurt in a crash with a hit-and-run driver who is never identified.

However, damages suffered in a car accident can easily exceed the minimum policy limits. That’s why it is recommended that all drivers buy insurance coverage with higher liability limits. 

There is also optional coverage available. This includes comprehensive, which pays for vehicle damage caused by vandalism or other non-accident causes, and collision, which pays for vehicle damage that occurs as the result of an accident.

Kansas is a “no-fault” state for car accidents. That means that a driver injured in a crash would first file a car accident injury claim with their own insurance company – even if the other driver caused the accident. However, you can file a third-party car accident injury claim against a negligent driver if certain criteria are met. These criteria include:

• Medical expenses that exceed $2,000,
• A permanent disfiguring injury,
• A fracture to a weight-bearing bone,
• A compound, compressed, comminuted, or displaced fracture,
• Loss of a body part,
• A permanent injury,
• Permanent loss of a bodily function, or
• Fatal injury

However, insurance companies will often dispute whether or not an injury meets these criteria. For example, their attorneys may argue that an injury was not permanent, or that it can’t be considered disfiguring. That’s why it’s important to get legal advice as soon as possible following a car accident.

Possibly. Even if an insurance company does not contest the validity of a third-party car accident claim, it may still utilize several different tactics in an attempt to justify paying as little as possible. These tactics include: 

• Disputing the seriousness of an injury
• Arguing that an injury was pre-existing
• Offering a settlement that falls far short of covering the damages suffered.

The insurance company may also argue that you were partially to blame for causing the crash.

Kansas uses a “modified comparative negligence” system when determining financial compensation after a car accident. This means that you are only able to recover compensation if you are found to be less than 50% at fault. 

In addition, any financial compensation that is awarded to you will be reduced by your percentage of fault. So if a jury awards you $100,000 after a trial but finds you to be 30% at fault, your recovery will be $70,000. 

That’s why insurance companies will likely assign as much blame to you as possible.

An experienced lawyer will be familiar with Kansas law and can build a strong case to help you fight back against insurance company tactics. Your lawyer can: 

• Conduct an investigation of the accident
• Gather evidence, such as any existing video of your crash
• Identify and interview witnesses
• Consult experts as needed
• Determine the total damages you suffered 
• Handle all communications with the insurance company
• Negotiate a financial settlement that meets your needs
• File a lawsuit and fight for compensation in court, if necessary.

If you were injured in a car accident, it is important to get legal advice as soon as possible. In Kansas, the statute of limitations for taking legal action is two years from the date of your accident. While that may seem like plenty of time, it can take months to build a strong case. Also, evidence can be lost and witnesses can forget key details as time goes by. 

Talk to an experienced Kansas car accident attorney. Car accident lawyers usually offer a free consultation. A lawyer can review the details of your case, go over your legal options for recovering compensation, and answer any questions you have.