As we say, if you have been hurt in an automobile accident in Kansas, understanding your legal rights to compensation is crucial. Due to the unique set of car accident laws that apply in Kansas, it is important for accident victims to know exactly what their rights are and fully answer questions like “What Are the Kansas No-Fault Laws?” and more. This is because Kansas law might allow you to earn damaged recompense for medical bills, lost wages, or distress and problems.
People seeking car accident lawyers can click on a network of experienced lawyers at Mighty.com. The Kansas car accident laws can be confusing, and accident victims might need some help. That’s where Mighty.com comes in. The company connects injury victims with personal injury attorneys who specialize in helping victims through the accident recovery process, like paying medical bills and covering lost wages.
Kansas Car Accident Laws: No-Fault Insurance Explained
In Kansas, the former no-fault car insurance system affects how compensation will be sought following an accident. Car accident laws Kansas mandate that the insurance policy on each driver’s car be used to cover its driver’s own medical expenses, no matter which driver was at fault. The goal of this system is to decrease litigation over minor injuries by allowing those injured to be paid out by their own insurance company absent fault. In this article, you will learn the Kansas no fault laws and all that you need to know.
In Kansas, drivers have to carry Personal Injury insurance as part of their auto insurance policy… a no fault law. PIP coverage is mandatory and requires payback for medical bills, wages lost and other covered services caused by the accident. Kansas laws do have a limit to them though. For example, PIP coverage does not generally also cover noneconomic damages like pain and suffering. For severe injuries, Kansas law enables people to bypass the no fault system so they can take the at fault driver to court for further damages.
Outside of Kansas’ No Fault System, When Can You File a Lawsuit?
While car accident laws in Kansas mandate a no fault system, however, in certain situations accident victims can file a lawsuit against the at fault driver. Typically, you can file a claim outside the no-fault system if your injuries meet Kansas’ “serious injury” threshold, which may include:
- Permanent disfigurement
- Fractures or broken bones
- Loss of bodily function to a significant degree
You may pursue a claim for damages not covered by PIP (such as pain and suffering and emotional distress), if you meet these criteria. In these cases it is always a good idea to speak with an attorney who can help guide you as to your rights and legal options, and mighty.com is a good resource for locating qualified attorneys.
What You Need to Know About Kansas Comparative Fault Laws
In filing a lawsuit outside of the no fault system, Kansas follows a rule of ‘comparative fault’ as compared with other states. Under this rule, your compensation will be deducted if you are partially responsible for the accident. So say you get hit by a car in your car and can prove negligence by the driver, you win the accident and receive $50,000 in damages but you are found to be 20% to blame for what happened, so 20 percent of the $50,000 award will be deducted from the payout you are to receive, making it $40,000.
According to Kansas car accident laws, the plaintiff always has a maximum of 49% of the blame to recover compensation. You would also not be able to recover damages from the other party if you are found 50% or more fault.
Kansas Car Accident Claims Can Include Different Types of Compensation
Injured as a result of a car accident in Kansas? Crash victims may be entitled to one or more types of compensation depending on the injury and loss. These include:
Medical Expenses: Immediate medical expenses will usually be taken care of by PIP coverage. If the injuries are bad, however, you can pursue a lawsuit to get compensation for future medical expenses and rehab bills.
Lost Wages and Earning Capacity: PIP coverage pays you for lost income resulting from your injury. Although, for permanent disabilities that affect future earning capacity, more compensation may be legally pursued.
Pain and Suffering: Pain and suffering are not included under PIP under Kansas no fault laws. Apart from that, accident victims can pursue emotional and physical suffering non-economic in case the injuries have been touched and meet the conditions for filing a lawsuit.
Property Damage: Kansas property damage claims are filed against the insurance of the at fault driver, as PIP does not pay for vehicle repairs or replacements.
What to Do After a Kansas Car Accident
Car accident laws can be tricky to work under in Kansas, but if you know what steps to take after a car accident, it should be possible to secure what’s rightfully yours. Here are a few essential actions to take:
- Seek Medical Attention: Your health and recording of your injuries depend on immediate medical care.
Report the Accident: You must report accidents in Kansas in which people are injured or property is significantly damaged. - Document the Scene: When photos are taken of the damage to the involved vehicles and visible injuries, and the accident scene, this coverage is triggered.
- Notify Your Insurance: After an accident, you should promptly notify your insurance company that there was an accident so that a PIP claim can be made.
- Consult with a Lawyer: By involving an experienced attorney, you will learn your full rights under Kansas car accident laws so that you receive the fair compensation you deserve.
Why Legal Support Matters
Car accident laws in Kansas are difficult to understand, especially when your claim is complex or your injuries are serious. An attorney who is experienced with car accident cases can explain Kansas laws and determine whether your injuries qualify for a lawsuit; and, your attorney can represent you in negotiations or in court. Like attorneys on Mighty.com, guidance from attorneys can be invaluable in helping you receive the compensation you need after a Kansas car accident.
Final Notes
Unique no fault laws create Kansas car accident injury compensation rights and accident victims need to know how to use the system. PIP insurance pays immediate medical expenses and lost wages, but should you suffer more serious injuries, you may find yourself outside the no fault system and with a personal injury lawsuit on your hands.
If you do find yourself in a Kansas car accident, understanding Kansas car accident laws and knowing when to get professional legal help can better help to to protect your rights and pursue the fair compensation you deserve.
