Kansas Car Accident Settlement Guide

Car accidents are unfortunate and all-too-common occurrences in Kansas, often resulting in physical, emotional, and financial losses for those involved. However, when car accidents occur due to another person’s negligence or wrongdoing, victims may be entitled to seek compensation through a car accident settlement. This article will explore how car accident settlements work in Kansas and the vital laws and regulations governing the process.

Car crashes are one of the last things people want to happen. But if you get in a car accident in Kansas, it’s important to know relevant laws and regulations in this state so you’ll be in a better position to negotiate with insurance or argue your case in court. When you have a better understanding of these critical matters, you’ll be better able to manage your claim and ultimately get paid the full amount of what it’s worth. 

After you have reviewed this information, you can always talk to a personal injury attorney in Kansas for additional information – they offer free consultations that will be extremely helpful in understanding the timeline and amount of your Kansas car accident settlement. 

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How Do I Make A Claim After A Car Accident in Kansas?

Because Kansas is a no-fault state (more on this below), you must file a car accident claim with your insurance company. They are required to compensate you for your damages no matter who caused the accident. Usually, this process is more straightforward than filling a claim with a third-party insurance company. The downside is that insurance policies limit your compensation, and you are not sure of being compensated at all. 

If you cannot agree with your insurance company, you can file a claim with the Kansas Insurance Department. The department will evaluate your case and do one of three things:

1. Demand for corrective action if an insurance law has been violated
2. Request further investigation of your case if they determine this is necessary.
3. Dismiss your case if they find that no laws have been violated in your case.

You may file a claim with the at-fault driver’s insurance company when your injuries cross the serious injury threshold. The state of Kansas considers any damage with the following characteristics as “serious”:

• Medical expenses over $ 2000
• Permanent disability or disfigurement
• Admission/overnight hospitalization
• Compound fracture
• Wrongful death caused by a car accident

When filing a claim with the at-fault driver’s insurance company, you must prove that the other driver was negligent and breached his duty of care on the road.

Reporting A Car Accident In Kansas

In Kansas, if a police officer does not come to the scene of the accident, you are required to report it to the police if the accident caused $1000 or more in damages; any person in the accident died, or a passenger or driver of any of the involved vehicles are not present at the scene.

Drivers need to file an accident report in these situations at the nearest police station or Kansas Highway Patrol office.

Also, note that you must stay at the scene of the accident and provide your information to the other driver. You should not leave the scene of the accident until the police arrive. However, if the police don’t show up, make certain that the other driver has your information, then report the accident at the nearest law enforcement office.

If a driver hits an empty car and causes damage, he or she must report the accident to the nearest police station as soon as possible.

If you don’t report the car accident in the above circumstances to the police, you could have your driver’s license suspended until the report is filed. If you don’t file the report for more than 30 days, you could be charged with a misdemeanor and sent to jail for up to 30 days.

What Is The Average Settlement for a Kansas Car Accident Settlement?

The amount you receive as settlement for a car accident in Kansas City varies depending on the circumstances of your case. The average car accident settlement in Kansas covers medical bills, loss of income, and property damage due to the auto accident. The compensation you’re eligible to receive from a car accident settlement depends on the specific facts and circumstances of your car accident, such as the severity of your injuries, how much property damage you incurred, and whether or not you were at fault. In some cases, car accident settlement amounts can reach hundreds of thousands of dollars; even more than that, they may also be substantially less.

Kansas follows the modified comparative negligence rule. According to this rule, you can receive compensation for your injuries from the at-fault party if you are less than 50% at fault for the accident. Also, the percentage of your fault reduces the amount you receive. For instance, if you are to receive $10,000 in compensation but are found to be 30% at fault, you will receive only $7000.

Speaking with an experienced auto accident lawyer who can evaluate your case and tell you what your claim is worth is advisable. 

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When you file an auto accident claim in Kansas, you will get compensation up to the limits of the applicable policy for medical costs, rehabilitation, and loss of earnings.

If the case goes to court, Kansas law allows you to obtain economic and noneconomic damages. Economic damages are tangible losses, including medical costs and lost wages, while noneconomic damages cover pain and suffering.

Keep in mind that you cannot receive more than $300,000 for noneconomic damages in Kansas personal injury lawsuits. Your personal injury attorney can advise you if he or she thinks that you may have pain and suffering that may go over this limit.

Is Kansas a No-Fault State?

Kansas is a “no-fault” state when it comes to car accidents. This means that each person involved in the accident will file an insurance claim with their own insurance company, regardless of who was at fault for the accident. You may file a claim with the at-fault driver’s insurance if your injury exceeds the ‘serious’ injury threshold. According to Kansas law, you can file a claim with the other driver’s insurance company if your injuries resulted in expenses over $2000.

How To Prove Fault in Kansas Car Accident Settlement

To prove fault in a car accident settlement in Kansas, you must show that the other driver was negligent; you must provide evidence such as eyewitness testimony, photos from the scene of the accident, police reports, video footage, and any other evidence that indicates who was at fault for the accident.

Kansas is one of 13 states that has a no-fault standard in auto accident insurance claims. This means that if you’re in an accident, your auto insurance will pay for your injuries and damages, and the other driver’s insurance will pay for theirs.

However, sometimes a car accident injury can be severe, and the injured person’s insurance may not cover everything. In this situation, you might have to file an insurance claim with the other driver’s insurance.

This state has a modified comparative fault standard in car accidents. This means that your liability in a car accident is weighed against that of the other driver.

You can recover damages from the other driver as long as they were more at fault than you were. If you were 50% at fault for the accident, you cannot recover damages.

It works like this: If you have $10,000 in injuries and property damages, and you were 20% at fault for the accident according to the insurance company, you will receive an $8,000 settlement.

This standard means that determining who was at fault and the degree of fault is critical to your case. It’s important to have your interests represented before the insurance companies involved, so make sure you have your case reviewed by a Kansas personal injury attorney.

In Kansas, every driver must have auto insurance that has Personal Injury Protection or PIP benefits. This type of insurance is intended to compensate you for injuries and damages in auto accidents, including medical bills, lost earnings, and property damage.

You will receive your PIP benefits no matter who is at fault for the accident. But the benefits for this coverage are limited. They may not be enough to cover your injuries, and they don’t cover pain and suffering and mental anguish.

The damages from a car accident can go far beyond what PIP covers. For example, many insurers pay only 85% of lost earnings up to only $900 per month for a year. For some, this might be enough, but if you earn $8,000 per month, it’s a fraction of what you usually earn.

Also, Kansas requires only $4500 in PIP benefits for medical bills. If you have an injury that requires a hospital stay and surgery, you could have a $25,000 bill or more.

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Filing A Car Accident Lawsuit Outside Of No-Fault System In Kansas

To go outside the no-fault system in Kansas and file a lawsuit against the other party, your claim must meet the following standards:

• You went over your PIP benefits for your medical bills
• Your injuries are ‘serious’
• Serious injuries are defined by the state legislature as fracture of a weight-bearing bone; permanent injury; permanent disfigurement, or permanent loss of body function.

If you meet these standards, you have the right to sue the other party for your costs, and you also can pursue compensation for your pain and suffering.

If you think you need to file a car accident lawsuit, you will need to have strong evidence in your favor, including the evidence above to work outside the no fault system. 

Elements You Must Prove In A Kansas Personal Injury Lawsuit

To prevail in an auto accident personal injury lawsuit in Kansas, you need to prove these elements:

• Duty of care: You need to show that the defendant in the Kansas auto accident had a duty of care toward you. In an auto accident case, this means that it was the responsibility of the defendant to drive with care and avoid injuring other people on the road.
• Breach of duty of care: You need to prove that the other driver in the Kansas car accident did something or failed to do something that caused the accident. This means that the other driver did not uphold their duty of care.
• Causation between the breach of duty and your damages: You need to show that you were hurt in the accident and that the other driver caused your injuries because they breached the standard of care.
• Damages: You need to show that you had financial losses because of the injuries you had in the accident.

Can You Claim Pain and Suffering in Kansas?

Yes, you can claim pain and suffering if you have been injured by someone else’s negligence that resulted in an auto accident. Although you can only recover economic damages from your insurance company due to Kansas’ no-fault policy, your personal insurance policy does not cover non-economic damages like pain and suffering. Kansas law permits you to seek compensation from the at-fault driver’s insurance company for the pain and suffering you endured.

When filing a pain and suffering claim, proving that your injury was due to someone else’s negligence or wrongdoing is crucial. Your pain and suffering must be directly related to the incident. In addition, you will need to show how much pain and suffering you experienced due to the injury. Usually, this is done by your caregivers, doctors, physiotherapists, or any healthcare professional you saw during your recovery process.

How Much Can I Get For Pain and Suffering In A Kansas Car Accident Settlement?

The amount you can receive for pain and suffering depends on the extent of your physical pain, emotional trauma, or other intangible losses. The monetary worth of your settlement depends on the facts of your case. But the Kansas law imposes a limit of $ 350,000 on the amount you can receive for compensation for pain and suffering.

To maximize your pain and suffering settlement, you may speak with an experienced Kansas car accident attorney before making settlement demands against the other party.

Kansas Car Insurance Requirements

In Kansas, car insurance laws require liability coverage, personal injury protection(PIP), and underinsured/uninsured motorist coverage.

Personal Injury Protection(PIP)

This pays for your expenses when you are involved in a car accident. Kansas law requires drives to carry a minimum of:

• Bodily injury- minimum of $25,000 per person and $50,000 per accident.
• property damage- $10,000

Liability Coverage

Liability coverage covers the damage you may cause to other drivers on the road. Minimum requirements are the same as PIP.

Uninsured/Underinsured Motorist Coverage

• $25,000 per person.
• $50,000 per accident.
• $25,000 for the other driver’s vehicle damage and other loss of property

It also is recommended to have underinsured and uninsured driver protection of $25,000 per person and $50,000 per accident. Many people drive without insurance in this state, so if you are in an accident, you can get coverage for your injuries from your own policy.

More About PIP In Kansas

One of the less used PIP benefits is the substitution services or essential services clause. If your accident injury stops you from doing your work in the home and you must pay someone to do them, you can get $25 per day for up to one year.

However, you must have documentation from your healthcare provider that you need these services because of your injuries, and the doctor’s note must state how long you will need the help.

These limits are why you still may need to file a personal injury lawsuit in Kansas to recover your out-of-pocket costs if you’re in a serious accident.

Kansas Auto Accident Statute of Limitations

Under Kansas law, victims of car accidents have two years from the date of the accident to file a lawsuit against anyone whose negligence or fault caused the accident. 

Filing Wrongful Death Claim In Auto Accident In Kansas

If you are related to a loved one who was killed in an auto accident caused by another party, you may be able to file a wrongful death lawsuit. In Kansas, the following parties are eligible to file this lawsuit:

• Surviving spouse
• Surviving child or children
• Surviving parents or grandparents
• Surviving siblings

In this state, damages awarded in a wrongful death lawsuit are to be equally distributed among all hiers, whether or not they were part of the lawsuit.

Common damages awarded in wrongful death lawsuits in Kansas include:

• Burial and funeral expenses
• Medical costs
• Lost earnings, including what the person would have earned if they had lived
• Value of household services that the deceased would have performed
• Mental anguish, suffering and bereavement of the survivors
• Loss of the deceased party’s care, support, guidance and companionship

Kansas Auto Accident Laws and Drunk Driving

In this state, it is against the law to drive or try to drive a vehicle when you have a blood alcohol level that is .08 or higher.

If you are convicted of a first drunk driving offense, you will receive 48 hours of jail time or 100 hours of community service. Also, you must pay for an alcohol and drug safety education program. There also is a $500 to $1000 fine as well as court costs, probation and mental evaluation fees.

Driving privileges are suspended for 30 days, then restricted for 330 more days.

If you are convicted of a second DUI offense, you will get 90 days to one year in jail and receive a fine of $1000 to $1500. You also will lose your driver’s license for one year.

If you are injured in a car accident caused by a drunk driver, you may be entitled to a larger settlement. This is due to punative damage laws in Kansas that are in place to punish people who act recklessly and/or illegally, and causing an accident while intoxicated is one of the main reasons punative damages are awarded in car accident lawsuits.

Conclusion

It is essential to understand the laws surrounding auto insurance in Kansas so that you are adequately protected if you’re ever involved in an accident. In addition to economic damages, you may suffer non-economic damages like pain and suffering and emotional distress; it is equally important to understand your rights when filing a claim for pain and suffering to ensure you receive fair compensation for all your injuries.

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