What does the Kansas no-fault law mean?
Every state has its own laws when it comes to accident claims. In Kansas, there are some key laws that are applied when one makes a claim for injuries suffered in an accident.
No-fault car insurance rules
In Kansas, if you have car insurance and get injured in a car accident, you have the obligation to handle accident claims through your car insurance company. This is the case regardless of who was at fault for the accident. That is, unless your case qualifies for exemption from the the no-fault rule.
In your no-fault claim, you can seek compensation for medical expenses and lost income up to a set limit. However, you cannot recover every component of damages as you would have been able to if you had filed a liability claim or lawsuit against the other driver. For instance, in a no-fault claim, you can make a claim for pain and suffering caused by an injury sustained in an accident.
To get exemption from the no-fault rule and make the other driver take legal responsibility the injuries you sustained, your accident must either;
- Result in medical expenses exceeding $2,000 or
- Result in injuries that leave you with permanent disfiguring, a fractured weight-bearing bone, a permanent injury, permanent loss of a body function, or the compressed, compound, displaced or comminuted fracture of any bone.
- Have a doctor opinion that you have permanent disability or a permanent scar
What is the Statute of limitations in Kansas for a personal injury claim?
Every state has its statute of limitations which is the deadline for filing a lawsuit in court. In Kansas, the statute of limitations is two years to file a personal injury and/or property damage lawsuit. Minors have 8 years or until their 18th birthday, whichever comes first.
Comparative Fault Rules
Comparative fault is when more than one party is at fault for an accident. Kansas is a modified comparative negligence state which means you can seek compensation against any party that was more at fault for an accident than you were. However, the compensation you get will be based on the percentage of your own liability.
For instance, if it is found that the other driver was 80% responsible, then you would get 80% of a $10,000 settlement because you were 20% liable. Before it gets to this point, an insurance claim adjuster will make reference to the comparative fault rules to determine what your claim is worth. Ultimately, the allocation of fault will be based on what a judge or jury determines or negotiates with a claim adjuster. However, if you are adjudged to be 50% at fault you can collect one dollar and get zero.
Car insurance requirements
Apart from the no-fault car insurance rules, other car insurance laws will be considered when it comes to accident claims. This includes the minimum amount of coverage needed for registered vehicles in Kansas.
Your best chance with accident claims
Knowing which rules apply and to what degree is best left to the experts. This allows you to give yourself the best chance with an accident claim.
Since 1983, Brad Pistotnik Law has successfully handled hundreds of personal injury and motor vehicle accident claims. Brad deeply cares for each of his clients and goes out of his way to be available to them at any time of any day.
Brad handles cases in other cities in Kansas as well as Nebraska, Oklahoma and Illinois. The firm also does Pro Hac Vice work in Missouri, Texas and other states.
Give yourself the best chance of success and call Brad today about your accident claim. Brad Pistotnik 'The Bull' can always be reached on the other end of the line at 1-800-241-BRAD or 316-684-4400 or 316-706-5020 which is his cell phone number. Or contact Tony Atterbury to help you with your accident claim at 316-617-9237. Pistotnik Law will put up a spirited fight for your accident claim. Remember that we have a high client satisfaction rate from most of our clients and help the Hispanic community. Our sister site is www.abogadoeltoro.com.