Kansas Car Accident Settlement Process and Timeline

If you’ve been in a Kansas car accident, you may be facing injuries, property damage, and lost income. Understanding the car accident settlement process can help you get fair compensation and avoid costly mistakes. Kansas’s no-fault insurance system, comparative fault rules, and thresholds for filing third-party claims can make a car accident case difficult to navigate without the benefit of legal expertise.

After a car accident in Kansas, it’s a good idea to speak with a car accident attorney. They can help you understand the full range of options available to fully compensate you for your losses and suffering. They can also negotiate with insurers to help you secure a fair settlement.

In this article, we review important information for you to keep in mind as you embark upon this journey. We’ll also give you an idea of what to expect from the car accident claim process in Kansas.

Let’s begin with some steps you’ll want to take right away.

Immediately After an Accident

In the immediate aftermath of a vehicle accident, there are several steps you’ll want to take. At the scene of the accident:

• Call 911 for anyone needing immediate medical attention
• Request a police report to help establish facts and identify the at-fault party
• Get the at-fault driver’s insurance company/policy number and contact information
• Photograph property damage, the accident scene, and any visible injuries
• Get phone numbers/contact information from any accident witnesses

If you’re hurt, seek medical treatment. This includes going even if you’re not sure your injuries are serious.

Medical Care

Some car accident injury symptoms don’t appear immediately. Even if you feel fine, get checked out by a health care provider. This creates a medical record linking potential injuries to the accident. These records help:

• Prove your medical expenses
• Establish the seriousness of your injuries
• Support your personal injury claim

If you’re worried about paying medical bills before receiving compensation, talk to your lawyer. They may be able to connect you with providers who can wait for payment until you receive your settlement check.

Your next step should be to file a claim with your insurance company.

Insurance Requirements

Kansas law requires all drivers to carry certain types of car insurance. These include:

• Personal Injury Protection (PIP): Covers your medical expenses, lost income, and other costs regardless of fault
• Liability insurance: Pays for damages you cause to others
• Uninsured/Underinsured Motorist (UM/UIM) coverage: Protects you if the at-fault driver has no insurance, too little insurance, or if you’re a hit-and-run accident victim

After a Kansas car wreck, you must first file a PIP claim with your own insurance company.

Claims Process

Regardless of whose fault the accident was, contact your insurance company to report the accident. The sooner you do this after the accident, the better. Some companies have phone apps to make reporting from the scene of the accident easier.

Kansas is a no‑fault state. This means your insurance pays certain benefits regardless of who caused the accident. For injuries, your own PIP coverage pays certain medical costs and lost income, no matter who caused the collision. Reporting the accident to your insurance company begins the claims process. This can take weeks to months, depending on the specifics.

At this time, you’ll also submit the documentation you’ve collected thus far. An insurance adjuster will review your medical bills, pay stubs, and other evidence. After they verify and approve your expenses, they’ll either reimburse you or pay your medical providers directly from your PIP policy.

Serious Injuries

PIP coverage has limits, and serious injuries often exceed these amounts. If that’s your case, you may be able to bring a third-party claim against the at-fault party’s insurance company. To do so, you must have exhausted your PIP benefits. You also must have injuries that meet Kansas’ serious injury threshold. This threshold means the injury has resulted in one or more of the following:

• Permanent disfigurement/injury
• Permanent loss of a body function
• Fracture of a weight-bearing bone
• Death

Medical documentation and legal analysis are often needed to determine if injuries meet the threshold. These claims are usually filed after you’ve reached maximum medical improvement (MMI). This means your condition has stabilized, and your doctors don’t expect further recovery. This is often within a year of the accident.

Third-Party Claims

A claim with the at-fault driver’s insurer notifies them that you are seeking compensation beyond what your own insurance policy covers. As part of this process, your personal injury attorney may send a demand letter.

This often includes:

• Detailed account of the accident
• Explanation of why the other party is liable
• Documentation of your economic and non-economic damages
• Proposed settlement amount
• Timeline for the insurer to respond
• Statement of intent to sue if the claim isn’t resolved

It’s not common for an insurance company to pay the amount in your demand letter. Instead, this starts the negotiation process for your third-party personal injury claim.

Negotiations

The insurance company may respond with a settlement offer, often lower than what you deserve. Your car accident attorney can negotiate for a fair settlement that reflects:

• Your remaining expenses
• Property damage
• Non-economic damages, like pain and suffering

Most car accident settlements are reached after a few months of negotiations. If the insurer won’t offer a fair amount or if talks stall, you may want to proceed with a car accident lawsuit to keep the case moving and protect the statute of limitations.

Statute of Limitations

In Kansas, you have two years from the accident date to file a claim for property damage, personal injury, or wrongful death from a car accident.

This statute of limitations means you have two years to either reach a car accident settlement or file a lawsuit. If you miss this deadline, you could lose your right to seek compensation. Your car accident or personal injury lawyer will keep a close eye on this deadline.

Comparative Fault

Kansas follows a modified comparative fault approach for car wrecks. This means you can recover for injuries and property damage only if you are less than 50% at fault. If you are partially at fault, the amount you recover is reduced by the percentage you’re at fault.

For example, let’s say you’re 30% at fault for an auto accident. If your damages total $10,000, you’ll recover $7,000 under Kansas law.

Getting Legal Advice

Whether your accident occurs in Topeka, Kansas City, or elsewhere in Kansas, a skilled lawyer can help you understand your rights and fight for fair compensation. It’s a good idea for you to speak with an attorney early on to ensure you preserve all your legal options.

Findlaw offers a directory of credible car accident lawyers and personal injury attorneys, which can be a solid place to start. It allows you to review ratings and background information for legal advisors in your area. Many offer free case evaluations, which can put you at ease and help you determine the best way to proceed.

Enlist the help of a trusted advocate to protect your interests. They just might be your most important ally at this overwhelming time.