10 Things to Know About Auto Accident Claims in Kansas

  1. Medical expenses must exceed $2,000.00 on a soft tissue claim before additional damages can be obtained.  There is no minimum medical damage figure if there is a fracture to a weight-bearing bone or the injury involves permanent problems.

  2. There is a two (2) year time limit to file a case for negligence from the date of the accident.

  3. There will be a comparison of fault between yourself and any persons who caused the accident.  The other party must be more at fault than you in order to recover.

  4. Your car insurance must cover at least $4,500.00 of your medical expenses no questions asked (no fault).  These monies will likely have to be paid back to your insurer later if a recovery is made against the other driver.

  5. The settlement of the property damage to your vehicle is often undertaken and concluded without the attorney’s help, but that issue can also be assisted with by the attorney if a reasonable offer is not being made.

  6. If the car accident resulted in property damage of less than $7,500.00 and there were no injuries, then attorney fees may be obtained from a suit if the insurance company will not reasonably offer a fair value on the vehicle.

  7. If you were on the job when the accident occurred, you may have a claim against the other driver in addition to the workers compensation claim.  Any benefits paid by workers compensation will have to be paid back to them out of the settlement against the other driver.

  8. If your damages exceed the amount of coverage on the other driver’s vehicle, you may be able to make additional recovery against your own insurance for underinsured coverage (this recovery will not affect your future insurance rates.)  There may also be an umbrella coverage policy held by the other driver outside his car insurance that would be available for additional recovery when discovered.

  9. It is extremely important to identify and get statements from witnesses and police personnel before their memories fade or they move away and become hard to find later.

  10. The signing of a release in the case will preclude any opportunity to recover in the future on the claim, even if latent injury does not become known until a later time.

If you are in need of a professional and local car accident lawyer, call 913-782-5500 to schedule a free initial legal consultation with The Law Office of David S. Adams in Olathe, KS.


Recent Posts

 -

July 2018 - Legal Snapshot - Summer edition. Check out Bankruptcy and Personal Injury advice from an attorney with more ...
Learn More