MARCH 5, 2021
What you need to know about car accident law in Kansas
Auto accident law varies from state to state. There are many things that make Kansas unique when it comes to car accidents. Here are some examples of how the auto accident law in Kansas may be different than in other states.
#1 – Kansas is a no-fault state
Only a dozen states, including Kansas, follow the no-fault car insurance policy. This means your insurance company will be responsible for paying all of your expenses associated with the accident, regardless of who is at fault. This is typically $4,500 unless your agent bought additional PIP coverage.
Because of the no-fault auto accident law, it's important to have the necessary PIP (personal injury protection) limits on your insurance policy to guarantee you will be financially protected after an accident.
However, there are certain circumstances that will allow your injury claim to be exempt from the no-fault system. You can only work outside of the no-fault policy if you meet one of the thresholds to bring a claim for pain and suffering:
- Medical expenses directly related to the case exceed the amount of $2000, or
- You are permanently disfigured or injured due to the accident, or have broken, compressed, or fractured a bone. Especially if the bone is weight-bearing.
- You have a doctor's opinion of medical disability or have permanent scarring
If you are unsure of whether or not you qualify to operate outside of the no-fault system, contact an auto accident attorney in Wichita who can answer your questions and help you navigate the claim process.
#2 – Comparative fault in Kansas
Every state follows one of three comparative fault rules. Kansas is considered a "modified comparative negligence state". This means your liability in the accident is weighed against the liability of the other party involved and you can recover damages from the other party as long as they are considered to be the one who was more at-fault. If you get to 50% you cannot recover one dollar. If you are 49% at fault or below you can recover the amount or proportion that you are not at fault for.
However, your liability will also be considered and the damages you collect may be reduced in accordance to your own liability in the accident. This is why having a personal injury attorney can be an incredible source of support and knowledge when trying to figure out the complexities of the auto accident laws in Kansas.
#3 – Statute of Limitations
This Kansas auto accident law includes a time limit on when you can file personal injury and property damage claims after an accident has occurred.
The statute of limitations for car accident claims in Kansas are two years for both personal injury and property damage. It is best to file your case well before the two year time limit is up. In the best case scenario, you will be able to file shortly after the accident has occurred and will have the help of a highly skilled attorney who can walk you through each step of the process with ease. A minor has a longer statute of time that is 8 years from the date of the accident or their 19th birthday, whichever comes sooner.
Car insurance laws in Kansas
To drive a car legally in Kansas, you must carry a minimum amount of coverage on your insurance policy. Since these limits are different in each state, double check with your insurance company to find out if your policy meets the minimum requirement.
As mentioned above, Kansas is also one of the states that offers personal injury protection (PIP) insurance to its residents. This insurance will cover your medical expenses, lost wages, rehabilitation, and other costs related to the accident.
Our Wichita based personal injury lawyers are accident attorneys who have offices across Wichita and in Garden City. Our team will instantly go to work to prove accident injury victims are not at fault. You can use our contact page or get a free call at our Wichita offices at 316-684-4400 and our Garden City office at 620-843-2855.
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