Everything You Need To Know About Auto Accidents in Kansas

There is so much that you should know about auto accidents in Kansas, but unfortunately many only find out about some of the laws when accidents happen. It’s not too late though, you can still get help on your situation and this will start with knowing some of the most important laws that affect you. Let’s delve deeper and expound more on some of them. 

Kansas is a no-fault state 

For starters, Kansas is a no-fault state. In plain English, what this means that if you are involved in an accident, you should turn to the insurers for compensation. The law at Kansas doesn’t examine the party or parties at fault when it comes to the insurance compensation as all motorists are supposed to be covered by a policy. The insurance, called the Personal Injury Protection (PIP), caters to medical bills, property repair or replacement expenses, and lost wages. This law essentially restricts the filing of lawsuits against negligent drivers. It does not mean that reckless motorists have a free pass in accidents. In fact, the law has an exception where you can file a lawsuit if you suffered ‘serious’ injuries from the auto accident

The term ‘serious’ is subject to different interpretations, but the definitions include but are not limited to, extensive medical care such as surgeries, therapies, hospitalization, and x-rays; permanent scarring, paralysis, loss of a body organ or function, or death. 

When to Sue ‘at-fault’ Driver in Kansas 

Many times, affected parties rush to settle cases with those at fault when injuries are at their infancy. While this looks like a good move, it is not recommended because injuries may, even under expert medical care, morph to their serious states. For example, you may assume that you suffered a minor fracture that can heal after a few weeks and settle the case with a few hundreds of dollars if the driver agrees to pay. While settling is a sound move, it is quite risky. What will happen if the doctor recommends an expensive surgery or many sessions of physical therapy, or delivers the bad news that there is a long term problem that you will have to live with? 

In fact, you may be forced to cater to the bills, take weeks, if not months or years off work, and suffer the blow of lost wages and disability. That load is too heavy to allow the driver at fault to walk away without paying. Even if you want to avoid legal processes, know that compensation cases need legal input for proper and prompt settlement. 

Legal processes for compensation are not a walk in the park but a car accident lawyer can help you seek justice. Well, not just any car accident lawyer but an experienced one who will take up your case wholeheartedly and fight for your compensation. An experienced attorney will also offer the right advice on the process including the mistakes you ought to avoid to increase your chances of winning. You can also check what you need to do if you get into an 18 wheeler accident here.

N.B It’s important to note that Kansas has a time limit when it comes to suing for auto accident damages. This is known as the statute of limitations and the limit is two years for both personal injury and property damage. 

How to Get Compensation after Auto Accident in Kansas 

Hiring a skilled attorney is just the beginning of the case. You will also then need to present your side of the story to prove that you deserve the compensation you are requesting. 

You should make sure that you speak to your car accident lawyer before giving out any information about your involvement at the scene of the crime. You should, particularly, not admit fault before the case is thoroughly investigated and you have talked to a lawyer. The car accident lawyer has the best interests in mind of seeing you getting a fair share of compensation for the injuries and damages, but prematurely admitting fault can complicate your case. 

If investigations indicate you are partially to blame for the unfortunate accident, Kansas has a comparative negligence law, which means that your percentage fault will be subtracted from the overall amount. You will be able to seek compensation from the other party if the percentage of negligence is less than 50%. Your attorney will also assist you in all these processes, taking over the negotiations and any litigation process for the matter. 

Conclusion

That’s just an overview of how auto accident laws work in Kansas. That said, you should speak to a car accident attorney who will assess your situation and assist you in getting justice.