Drivers and passengers who have been in a car accident in Kansas need to understand the different state laws and insurance requirements that could affect any resulting injury or vehicle damage claim.
This page provides a guide to the Kansas-specific resources on All-About-Car-Accidents.com, starting with a breakdown of Kansas's no-fault car insurance rules, and how a claimant might be able to step outside of those rules to file a liability claim or lawsuit after a car accident. Then we'll look at state laws that could affect a car accident lawsuit in Kansas, and when it makes sense to get help from an experienced lawyer.
After any car accident in Kansas, the first thing to understand is that the state follows a "no-fault" car insurance system. Under no-fault, regardless of who may be to blame for the accident, anyone who has been injured turns first (and often exclusively) to his or her own car insurance coverage to get compensation for injuries and lost income, up to a certain dollar limit.
Kansas drivers and passengers who have been injured in a car accident can only step outside of the state's no-fault system -- and pursue a claim directly against the at-fault driver -- if their injuries meet the definition of "serious" under the threshold in place in the state. For more details, check out our article Kansas No-Fault Car Insurance Laws.
As for the car insurance coverage minimums that are required in Kansas, they are:
After a car accident, if your claim is serious enough to let you step outside of Kansas's no-fault rules and file a liability claim against the at-fault driver, there are a few state laws that could affect your case, starting with the deadline for filing a personal injury case in court (this kind of law is called a "statute of limitations," and every state has one).
In Kansas, you have two years from the date of the car accident to get your case started -- that means filing the initial complaint in Kansas's civil court system. You can find this law codified at Kan. Stat. Ann. § 60-513. The same two-year deadline applies to any lawsuit you want to file over vehicle damage.
If you miss the deadline for getting your lawsuit filed, the court will probably throw your case out without considering it, so it's crucial to understand how the statute of limitations applies to your case. Even if you think your case is bound to settle outside of court, you always want to keep open the option of filing a lawsuit.
Learn more about state laws that could affect your car accident settlement or lawsuit in our article Car Accident Laws in Kansas.
If you were involved in a minor car accident and you are simply making a claim through your own policy in line with Kansas no-fault car insurance rules, you don't need to hire a car accident lawyer, as long as you're comfortable handling the claim yourself.
But if you've suffered significant injuries and you think your claim meets the Kansas threshold for taking a car accident case outside of no-fault, you might find that there is a lot more at stake. In that case, it's probably a good idea to discuss your situation with an experienced Kansas car accident lawyer.