Motor
Vehicle/Car Accidents
Kansas is a "no fault" state. That means that all drivers
are required by law to maintain minimum insurance coverages applicable
to their vehicle. The minimums differ for depending upon the particular
vehicle involved. The state of Kansas has posted the current
requirements for automobiles and motorcycles.
The deadline for filing a lawsuit in court to make claims for
injuries arising out of a motor vehicle accident is generally two years
from the date of the accident or two years from the date of the last no
fault, worker's compensation or public assistance benefit payment
related to the accident, if such payments are made. You must file your
claims in court prior to the expiration of this deadline, or your
claims may be lost—regardless of their merit.
If you have suffered injuries or loss as the result of an
auto accident in Kansas, you will probably want to obtain and fill out
a No Fault (Personal Injury Protection) benefits application form from
the insurance company for the car with which you were most closely
connected (the car in which you were riding -if you were in a car- or
the car that impacted you if you were a pedestrian or a bicyclist). No
Fault (PIP) usually provides medical coverage for injuries arising out
of the use, maintenance or operation of a motor vehicle in Kansas and
it may also provide various other coverages (wage loss, substitute
services, funeral benefits, etc.)
In Kansas at present you generally must have at least a
$2,000.00 in medical expenses before you can recover for pain,
suffering, mental anguish, loss of enjoyment of life, wage loss in
excess of that paid by No Fault and various other losses caused by a
motor vehicle accident. However, there are also a few other situations
in which recovery for these additional losses may be possible. These
situations include (1) accidents arising out of conduct for which
punitive damages could be awarded, (2) accidents resulting in death,
(3) accidents causing permanent loss of use of a part or function of
the body, (4) accidents giving rise to permanent serious disfigurement,
(5) accidents in which the No Fault benefits are exhausted and a few
other situations.
Contact us now for a free
evaluation of your case.
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