The state of Kansas is a no-fault state. In terms of automobile accidents, this indicates the victim is required to file a claim through their own insurance provider first. All drivers are required to carry personal injury protection coverage. The valuation for the coverage is $10,000.
Filing a Claim
For victims who sustain severe injuries, the state offers the opportunity to file a formal claim through the court. The victim has a window of only two years. The injuries must qualify for a lawsuit as outlined in Kansas accident laws. Victims who need legal assistance in filing a claim should contact an Auto Accident Attorney In Wichita as soon as possible.
What is a Qualifying Injury?
Any injury that requires more than $2,000 for medical coverage qualifies for a lawsuit. Equally, injuries that lead to permanent disfigurements, broken bones, or disability also qualify. The victim must present all medical records when filing their claim to identify a qualifying injury.
Identifying Fault in An Accident
While the laws are based on a no-fault system, law enforcement files an accident report. This report indicates how the accident occurred. It will determine which party is at fault for the victim’s injuries. Any moving violations that resulted in the accident are recorded in the findings of the investigation. All information on this report is admissible in court.
When There is a Shared Fault
When a comparative fault is introduced in a lawsuit, the judge assigns a percentage based on the moving violations listed. This distinction could reduce the total value of the award for the victim; if they shared the fault. The most common moving violation identified through a shared fault is speeding. However, reckless driving is also used often.
While Kansas uses a no-fault system, some circumstances warrant the need for accountability. All drivers are required to maintain the mandatory auto insurance requirements and must file an initial claim through their insurer. However, this doesn’t indicate that an at-fault driver is never identified. In serious circumstances, the law allows accident victims to file a claim for their injuries. To learn more about these proceedings, contact an Auto Accident Attorney In Wichita.
