How to File a Car Accident Claim in Kansas

Soon after car accident injuries are checked and treated and the recuperation period begins, attention often turns to legal matters and, in particular, how to file a car accident claim in Kansas.

This is easier said than done, with limits on insurance claims, third-party insurance companies often contesting fault, and many hurdles to overcome when attempting to claim full and fair compensation from an at-fault driver.

It helps to understand the steps involved and the potential challenges when filing a car accident claim—as well as how legal assistance can help you recover what’s rightfully yours.

From the time of a car accident until you receive a compensation payout, drivers should take the following steps:

Report the accident to the police

At the time of the car accident, the Topeka police should be alerted so that they can generate an accident report, which will be central to your claim.

Report the accident to your insurer

You also need to inform your auto insurance company of the accident and provide the relevant details as soon as possible. If you hire legal assistance, your car accident lawyer will attend to this step and may also prepare to file a claim against the at-fault party (see more details below).

Understand your coverage

Before submitting a car accident claim, examine your auto insurance policy. This will help you understand what is covered under personal injury protection and property damage.

Keep records of communications

If you don’t hire a personal injury lawyer, be sure to document all conversations you have with your insurance company, including the dates, times, and the names of representatives you speak to—and the required documentation. If you hire a lawyer, this will be managed for you.

Collect and provide the necessary documentation

Your lawyer will help to fill out any claim forms and gather the necessary supporting documentation as evidence for the insurance company. This might include photographs or video of the accident scene and vehicle damage, injury or medical reports, witness details/statements, correspondence with the at-fault driver, etc.

At the same time, your lawyer will help you document the effect of the injuries on your life—including lost earnings, pain and suffering, loss of quality of life, etc.

Be prepared for negotiation

Most at-fault compensation claims are handled without a judge having to decide but insurance adjusters often try to minimize claims in Kansas. Negotiation may be required to reach a settlement that fairly reflects the extent of your injuries.

By hiring a lawyer, you can ensure that you don’t settle for less than you’re legally entitled to.

Kansas runs a no-fault insurance system, which is designed for insurance companies to meet the medical expenses and lost pay associated with car accidents under personal injury protection (PIP) policies —regardless of who was to blame.

However, this has strict limits and the minimum coverage may be nowhere near enough to cover the actual losses incurred by accident victims. This is especially the case with permanent disfiguring injuries, fractures to weight-bearing bones (or compound, compressed, comminuted or displaced fractures), loss of a body part or permanent injury/loss of bodily function.

To recover full losses may require legal advice and suing the other driver. The negligent driver’s insurance company must usually meet the remaining damages, including medical bills, repair costs, lost wages, and pain and suffering.

The recipient of compensation is responsible for reimbursing the third-party insurance carrier if there is any overlap between the compensation received and the no-fault benefits already received from the recipient’s carrier.

Statute of limitations for car accident claims in Kansas

Car accident victims usually have two years from the date of the accident in which to file a lawsuit for damages for personal injury and property damage.

Your case may not require litigation but your lawyer will ensure that you are ready for this eventuality if there are problems with achieving a negotiated settlement. Generally, a lawsuit is filed if negotiations with the at-fault driver’s insurance company fall short.

Comparative fault rules for personal injury in Kansas

Under the personal injury laws in Kansas, comparative fault can be applied in car accident cases. This means that more than one party can be deemed at fault for a car accident—and the compensation that each party can recover will be reduced by their percentage of fault.

However, any party deemed 50 percent or more at fault for the accident cannot recover any damages.

If you need to negotiate with the insurance company without legal assistance for your claim, it helps to bear in mind a few pointers.

First, understand your policy in detail so that you know what the insurance company should compensate you for.

Be prepared to negotiate and never accept the first offer as it is likely to be less than you’re entitled to. Calmly and concisely remind the insurer of the documented evidence you have in your favor.

Never admit any fault to the insurer and avoid giving recorded statements, which may be used against you.

If you file a car accident claim in Kansas, be prepared to overcome the following challenges:

• Delays: whether intentional or unintentional, delays often prevent PIP insurance and third-party insurance companies from processing claims promptly, sometimes heavily impacting the finances of victims and their families.
• Denial of fault: third-party insurance companies often dispute the fault of the accident, hoping to reduce the compensation payout.
• Low-ball settlement offers: the first offers from insurance companies are often much lower than the amount that car accident victims are entitled to.
• Requests for additional documentation: it is common for insurance companies to request more documentation in the hope that claimants are discouraged, further delaying the claims process.
• Denial of claims: sometimes, insurance carriers deny claims based on their assessment of the accident or policy exclusions.

Accidents involving uninsured and underinsured motorists

Another major challenge with car accident injury claims is claiming compensation from uninsured and underinsured motorists—or a hit-and-run driver who is never located.

If a motorist breaks the law and drives with no insurance or not enough insurance to cover your losses, you will still receive benefits from your own insurance company but recovering the remainder can be challenging. You will need to consider whether to pursue damages from the driver’s personal assets—which can be legally challenging and time-consuming with no guarantee of success.

Damages can soon mount up after a car accident in Kansas. Claiming fair compensation is generally much more straightforward when you hire a personal injury lawyer to handle all communications with the relevant parties.

If you’re in the Topeka area, speak to a car accident lawyer at Irigonegaray & Revenaugh for a free case evaluation. We will advise you of your legal options and assess how best to claim the compensation you deserve.