Here’s what to do after a Kansas car accident to protect your health and your right to injury compensation.
More than 30 people are injured or killed each week in Kansas motor vehicle accidents.¹
If you or a loved one were injured in a Kansas car accident, you could be eligible for compensation. Read about what to do after a crash, how to determine fault, and how to get fair compensation for your injuries.
What to Do After a Kansas Car Accident
Here are five steps to protect yourself after an accident and build a strong injury claim.
1. Stay At the Scene and Exchange Information
Kansas car accident law states that any driver involved in a crash resulting in injury or death must immediately stop and remain at the scene. Drivers must provide their name, address, and insurance information to anyone else involved in the accident and any police officer investigating the crash. The driver must also show their driver’s license if requested.
2. Call 911 and Help the Injured
Drivers at the scene of an accident must notify police by the quickest method possible and give reasonable assistance to anyone injured or asking for help, including making arrangements for the injured person to get to a hospital. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.
If you are able, try to help the injured until emergency responders arrive.
3. Seek Prompt Medical Treatment
The noise and impact of a motor vehicle accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. You may be stunned by the crash and not even realize you’ve been injured.
If you have family members in the vehicle, your first concern will be their welfare. Taking care of yourself is equally important. Don’t wave off the medics and tell everyone you’re okay. Never refuse medical attention at the scene. If the paramedics want to take you to the hospital, go with them.
Refusing or delaying medical treatment after a car accident is not only dangerous, it gives the at-fault driver’s insurance company an excuse to deny fault for your injury.
If you’re not taken directly to the hospital from the scene, go to an urgent care center or see your primary care doctor on the day of the accident. Tell the medical provider exactly when and how you were injured. Discuss every symptom and injury, not just the most obvious or painful ones.
4. Gather Evidence From the Scene
When you make a claim with the at-fault driver’s insurer, the burden is on you to prove the other driver was negligent. The police crash report is important evidence of fault when the other driver is cited for traffic violations.
Other types of evidence to gather include:
- Photographs and video from the accident scene
- Names and contact information from potential witnesses
- Your personal notes about how the crash and the aftermath
5. Notify Both Insurance Companies
Kansas is a traditional fault state, so you’re not required to use your own insurance to pay for your injuries. However, you’re still obligated to notify your insurance company after an accident, even if the accident wasn’t your fault.
Your auto insurance policy is a legal contract between you and your insurance company. Every auto policy has a clause requiring the policyholder (you) to notify the company of any accidents.
Your insurer has a “duty to defend” you against claims or lawsuits filed by anyone else who may have been involved in the accident. You could forfeit that protection by failing to notify your insurer or not cooperating with their investigation.
Notify the at-fault party’s insurance company of your intent to file an injury claim. Expect to get an acknowledgment letter with a claim number that you’ll need for future communications.
You may hear from an adjuster with a quick settlement offer. It’s usually not in your best interest to discuss a settlement while still in treatment for your injuries. It’s okay to tell the adjuster you’ll get back to them when you’re ready.
Kansas Fault and Liability Rules
Kansas is an “at-fault” liability state, so you can seek compensation for accident damages from the at-fault driver and their insurance company.
You can choose to use your own insurance if you have applicable coverage, but you are not required to rely on your insurance after a car accident. For example, if you have collision coverage, you can have your own insurance company handle your vehicle repair claim. Afterwards, your insurer will pursue reimbursement from the at-fault driver’s insurance company, including reimbursement for your deductible.
Kansas Shared Fault Rules
Kansas follows a modified comparative fault rule. Also called a 50 percent rule, you can pursue a claim against the other driver so long as the other party is more to blame than you. When you have less than 50 percent of the fault you can still file a claim, but your compensation will be reduced by your percentage of blame for the accident.
Example of 50% Modified Comparative Fault
Henry was driving his plumbing truck on S. Kansas Avenue in Topeka, approaching 29th Street. He was on the phone with his next client, letting them know he would be there soon. Beth was on S. Kansas, approaching 29th Street from the opposite direction as she headed to the grocery store.
At the intersection, both drivers had a green light. Henry was speeding as he proceeded through the intersection, and was still on the phone with his client.
Beth made a left turn onto S. Kansas, into the path of Henry’s vehicle. Henry crashed into the passenger side of Beth’s car. Both drivers were injured. The investigating officer cited Beth for failing to yield while making a left turn, and cited Henry for speeding.
Henry was unable to work his plumbing job for several weeks. He filed a $20,000 injury claim with Beth’s insurance company for his medical bills, lost income, and pain and suffering.
Beth’s insurance company refused to pay the full value of Henry’s claim because he was speeding, and witnesses saw him talking on the phone. Henry knew that if he filed a lawsuit there would be plenty of evidence to show he was speeding and driving while distracted. If a jury decided he was equally to blame, he’d get nothing.
After a few rounds of negotiations, Henry accepted 40 percent of the liability for the crash. His claim settled for $12,000.
Kansas Car Accident Compensation
Insurance companies in Kansas payout more than $1.2 Billion in auto accident claims each year.
Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault party.
You can estimate the value of a minor to moderate injury claim by totaling your “special” or economic damages, like medical bills, lost wages, and related out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering. A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for more extensive injuries.
Use our free Kansas Personal Injury Calculator to estimate the value of a minor to moderate claim.
Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.
Average Car Accident Settlements in Kansas
The average injury settlement for a moderate car accident claim in Kansas is $28,419, with average payouts ranging from $6,719 to $1,092,112. Settlements and court awards can range from $1,114 for minor injuries up to $8,000,000 or more for life-altering brain injuries.
Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the available insurance coverage.
For example, look at these two rear-end accident cases with low and high payouts:
- In Johnson County, Fisher v. Craven,03CV04782, a jury awarded $1,114 to the victim for soft-tissue neck injuries. The at-fault driver disputed fault for causing the low-speed crash.
- In Sedgwick County, O’Shea v. Welch, 2:01-cv-02336-JWL-JPO, a jury awarded $491,000 to the victim who suffered cervical disc herniations. The at-fault driver was intoxicated and driving a company vehicle. Defendants disputed causing the victim’s injuries.
Read more:
Factors that impact car accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multiple-vehicle collisions
- Multiple injured victims
- Wrongful death
- Available insurance coverage
When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Available insurance coverage may be available from the at-fault driver, and from your own uninsured or underinsured motorist coverage, depending on the circumstances of the crash.
Kansas State Minimum Insurance Requirements
Kansas drivers are required by law to carry an auto insurance policy with a minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.
Uninsured Insurance Coverage in Kansas
Insurance companies selling auto policies in Kansas are required to include uninsured (UM) and underinsured (UIM) motorist coverage equal to the mandatory minimum liability limits. The policyholder has the right to decline excess UM and UIM coverage, meaning more than the mandatory limit, even if your liability limits are higher.
With UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.
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