What you need to know about getting compensation from your car accident in KS or MO

Being involved in a car accident can be a very scary time. It is important to understand how the insurance company and courts will judge your accident before it happens so you will know what information to provide and in what situations you will likely have a successful personal injury lawsuit or claim. 

Here is what you need to know about being compensated for a car accident in Kansas or Missouri: 

Comparative Fault

Missouri, like most states, is an at-fault state, which means that each driver’s car insurance covers the other’s damages and injuries. This is because Missouri uses a system called comparative negligence which means that the insurance companies conduct an investigation to determine who was responsible for the car crash, and then the amount of fault they assign to each party determines who is considered most responsible for the crash, and determines how much each party is able to collect in insurance coverage. 

Once each party in the accident is assigned a percentage of fault, everyone involved may then receive a settlement for their injuries minus the percent of responsibility they were deemed by the insurance company to have had for the accident. 

Kansas is one of roughly thirteen states that follow the no-fault car insurance policy. This means that 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 purchased additional personal injury protection coverage (PIP). 

Since the no-fault policy can be very limiting, it is important to know that 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:

• Your medical expenses directly related to the case exceed the amount of $2000
• 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 if you qualify to operate outside of the no-fault system, it is almost always best to contact an attorney, since there can be many details that go otherwise missed but can have a large impact on your case. 

Kansas is what would be called a modified comparative negligence state. This means that 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 more at-fault. As a result, if you are found to be 49% or less at-fault, you can recover damages, however if you are 50% or above, you do not get anything. 

Let me see an example

In Missouri, if you are involved in an accident and are found to be 30% responsible for it, if you are awarded $100,000 in damages, you would only receive $70,000 of that, since your at-fault portion (in this case 30% of $100,000 = $30,000) would be subtracted from your settlement. This can be unfortunate, but it can also work in your favor if you are the more responsible party. That would mean that if you were found to be almost completely responsible for the accident, say 85% responsible, you could still get 15% (in this example $15,000) of the settlement amount for your damages. 

In Kansas, if you are involved in an accident where the medical expenses that are able to be proven to be directly a result of the accident amount to $2000+, or you have broken, compressed or fractured bones as a result of the accident, or have a permanent disfigurement or injury (or permanent scarring) – then you are entitled to a settlement. 

If that settlement amount is, for example, $100,000, and you are found to be 49% or below responsible for the accident, then you will get $100,000 - (% responsible). So at 28% responsible, you would receive $72,000 (100k - 28k). 

It is important to note here that if you are in Kansas and meet the criteria to receive compensation outside of the no-fault rules, but are found to be 51% or more responsible, then you will receive $0. If you are not able to prove that you are above the threshold for falling under the no-fault rules, then in the above scenario you would receive a maximum of $4,500 – assuming you or your insurance agent did not purchase additional PIP coverage for your account. 

Statue of limitations

Auto accident laws in Kansas include a time limit on how long you have to file personal injury and property damage claims after an accident has occurred. These claims have to be filed within two years of the accident for both personal injury and property damage. It is best to file right away if possible, but definitely within the two year limit. A minor has a statue of limitations of 8 years from the date of the accident, or before their 19th birthday, whichever comes first. 

In Missouri the statue of limitations is 5 years, however there are a few exceptions. The limitations may be exceeded if the injured person is mentally incapacitated, or if the injured party is a minor, which means that their five years would not start until that person turns 21 or is declared competent. Finally, if the person responsible for the injuries originally resides in the state of Missouri, but left the state for some time after the accident in question and before the lawsuit could be filed, the five-year filing period will not include the time they were out of state.

Proving fault

While comparative negligence sounds like a great idea in theory, often an insurance adjuster relying on second-hand and anecdotal evidence is making determinations of fault which can be highly arbitrary and can work against you. To help ensure a clear picture of what happened and who is at fault, consider abiding by these general rules:

• Do not apologize to the other driver after a crash, even if you think it was your fault.
• When you meet the other driver, keep your comments to a minimum.
• Take pictures of all four sides of both vehicles and get pictures of the surrounding area.
• Request a formal police report at the scene of the crash.
• Do not agree to a recorded statement unless your attorney is present.
• Do not post on social media or use messenger until your case is settled.
• Never agree to talk to the other driver’s insurance company.

Any of these actions may significantly decrease your chance of getting a fair settlement after being involved in an accident. Also, keep in mind that anything you say during a crash or the investigation can-and-will be used against you. 

As you can see, whether you are involved in a car accident in Kansas or Missouri, it can be very important to work with an attorney so that they are able to help you receive a fair determination of fault if you are involved in an accident. In addition to helping you navigate your case for who was at fault, and to what extent, they can make sure the settlement is fair, and that you get as much as possible for the needs you will likely have in the future as a result of accident. Just because you feel “fine” at the scene of the accident, does not mean that you will once you no longer have adrenaline rushing through your veins, or several months later when you start experiencing back or neck pains due to injuries that were not noticeable before. If you or someone you know is facing a similar situation, or if you want to understand what to do if you find yourself in an accident, send me a message or reach out to Liberty Trial Law Group at https://libertytriallawgroup.com/.