Kansas Car Accident Laws – A Complete Guide

Unfortunately, reckless driving and vehicle collisions in the state of Kansas are a fact of life, with 381 fatal crashes occurring in 2021. Familiarity with Kansas car accident laws is key when passing through the state’s flat, open roads.

Each state’s car accident laws vary depending on a variety of characteristics:

• How to report the accident
• Info exchanged between drivers
• Handling negligence
• At-fault vs. no-fault insurance
• Deadlines to start an auto accident claim

For example, some states like Kansas have no-fault insurance, where all parties are compensated for their damages, regardless of fault. Some states allow you to recover damages after a car accident, even when you’re 99% at-fault for the crash.

This complete guide to Kansas car accident laws covers everything you need before considering filing an auto accident claim. Keep reading to learn where to report your collision and how to get a Kansas auto accident lawyer on your side.

How to Report a Car Accident in Kansas

If no officer is present during a car crash, Kansas car accident laws require you to report the incident to the nearby available authorities. The easiest and fastest way to do so is usually to call 911. Everyone in the vehicle over 18 years of age is held to this law.

The Division of Vehicles may also require you to file a written report about the collision, according to Kan. Stat. § 8-1607.

Reporting is mandatory if:

1. The accident caused property damage of $1,000 or more
2. Someone was hurt or killed, or
3. You cannot exchange information with the other parties involved in the accident.

Info to Gather After an Auto Accident

If you are involved in an accident resulting in injury, death, or property damage, Kansas law requires you to stop immediately. Remain at the scene of the accident to prevent yourself from receiving a hit-and-run charge.

Next, Kansas auto law requires you to provide the following info to the police and those involved in the car accident:

• Name
• Address
• Vehicle registration number

Finally, you must provide your driver’s license and insurance information upon request:

The driver of any vehicle involved in an accident resulting in injury or death or damage to any attended vehicle or property shall immediately stop and remain at the scene of the accident until the driver has fulfilled the requirements of K.S.A. 8-1604.

Kan. Stat. § 8-1602

This also applies if you hit an unattended vehicle according to Kan. Stat. § 8-1605. If the owner of the vehicle is not present, you must securely attach your info on the vehicle. Once the owner comes back, they know how to contact you to start the reporting process.

Common Injuries After a Car Crash

There were over 5 million police-reported car accidents in the U.S. in 2020, according to the National Highway Traffic Safety Administration (NHTSA). 43% of those car accidents resulted in injuries, such as:

• Burns
• Head injuries
• Bone fractures
• Back injuries
• Whiplash
• Internal bleeding

IMPORTANT: Driving under the influence of alcohol or drugs, speeding, and failing to use a seatbelt lead to car accident deaths each year. Protect yourself by following the rules of the road.

Drivers can seek compensation for their bodily injuries if they were caused by the negligence of another driver. These include:

• Permanent loss of a physical function/ability
• Permanent damage to an organ/bodily system (Spinal, bone & brain injuries)
• Dismemberment
• Extensive and conspicuous disfigurement
• Compound fracture
• Injuries that require immediate and overnight hospitalization

The road to recovery from a serious condition like a traumatic brain injury is long and expensive. Hospital fees and lost wages add up, and there’s no guarantee your body will work the same way it used to. Earn the right amount of compensation to cover your losses with a Kansas auto accident attorney.

How to Prove Fault After a Kansas Car Accident

If you believe the other driver was at-fault, you need to gather sufficient evidence from the scene of the accident. This includes:

• Pictures of your damages and the surrounding area
• Witness testimonies
• Medical records from your injuries

Because of Kansas’s no-fault laws, those without serious injury cannot recover losses without going through their PIP insurance first. You need as much documentation as possible that your injuries deserve compensation that exceeds Kansas’s PIP limits.

You also need to prove the other driver’s actions ultimately caused your injuries. That’s when you need an attorney to sort through your documents while arranging a legal claim on your behalf.

Personal Injury Protection (PIP) After a Kansas Car Accident

Personal injury protection (PIP) allows Kansas accident victims to receive compensation for their injuries, regardless of who’s at-fault. After a collision, then, you file a PIP claim with your own insurance company. You can expect payment within 30 days.

PIP insurance only covers the policyholders. It also protects parties who are injured by the policyholder and those connected to the policyholder, such dependent family members.

If the PIP benefits do not cover your entire medical expenses, you may be able to seek compensation from the at-fault driver through a personal injury claim. This can only be done if you sustained serious injuries or your medical bills were higher than $2,000.

Modified Comparative Negligence in Kansas

Kansas follows a modified comparative negligence rule for personal injury claims. It’s common in most states’ car accident laws. An auto accident settlement changes depending on the fault of both parties under modified comparative negligence.

For example, if you were shown to be 25% at-fault for your car accident, you would receive only 75% of the amount of total damages awarded. If your claim was $40,000, you would get $30,000.

If you were more than 50% at-fault, Kansas car accident laws prevent you from filing a personal injury claim against the other driver. That’s why hiring an attorney is vital to your case if it deserves compensation beyond PIP. You need a legal professional to prove your liability, even in a court of law.

Kansas Car Insurance Laws

All Kansas drivers must carry minimum car insurance coverage according to Kansas car accident law:

• Liability coverage up to $25,000 per person for injury and $50,000 per collision (if more than one person is injured)
• $25,000 for third-party property damage
• Personal injury protection/no-fault coverage:
  • $4,500 per person for medical costs
  • $25 per day for assistive/rehabilitative in-home care
  • $900 per month for loss of income
  • $2,000 for last rites if the injuries led to death
  • $4,500 rehabilitative treatment costs
• Uninsured/underinsured motorist coverage: $25,000 per person and a maximum of $50,000 per collision

It is illegal to drive uninsured in Kansas. If caught, one may face a class B misdemeanor charge and a $300-$1,000 fine. Your license may also be suspended for a limited time.

Additional Insurance Coverage Options in Kansas

Drivers in Kansas can purchase additional insurance coverage. You could, for example, increase the coverage limits on your liability policies.

Or, you could add on collision coverage for vehicle damage in a crash and comprehensive coverage for damage to your vehicle due to weather, vandalism, and other causes.

It’s recommended to raise your insurance coverage when driving on Kansas roads. You never know what may happen, and if your damages exceed your limits, you may not receive compensation without filing a personal injury claim.

Types of Damages For Car Accidents in Kansas

Car accident injury victims can claim both economic and noneconomic damages in Kansas. Economic injuries involve measurable losses, which means they can be added up and proven by bills, invoices, receipts, and wage slips:

1. Medical costs, including emergency medical care and rehab
2. Loss of income
3. Loss of earning capacity in the future

Noneconomic damages are awarded for pain and suffering resulting from the injuries and may include stress, loss of companionship and loss of quality of life.

Damage Caps on Non-Economic Damages

There is no limit on the non-economic damages that a Kansan car accident victim can be awarded.

Kansas Statute of Limitations

Time limits, called the statute of limitations, apply to anyone who is seeking financial compensation for a car accident in Kansas.

According to Kansas Statutes section 60-513, you have two years to file a lawsuit or take other legal action against the at-fault party responsible for your crash. If you fail to file your lawsuit before this deadline ends, your case may be barred from court.

A notable exception to the statute of limitations is the delayed discovery rule. If an accident victim could not reasonably discover their injuries until much later, the statute of limitations will be delayed. This delay extends until the victim reasonably discovers their injuries.

LegalASAP Will Connect You With an Expert Auto Accident Lawyer

While it may be faster to just settle a car accident claim with your insurance, you may regret it later on. Their job is to get you to accept the lowest payout possible, so you may get less than you deserve.

Because insurance adjusters will usually consider at-fault percentages in their calculations, if they don’t assign the right percentage of fault, you won’t receive maximum compensation.

Schedule a free consultation with a skilled car accident attorney. Most personal injury lawyers work under contingency, meaning you won’t pay anything out of pocket until you receive compensation.

Let LegalASAP help you get going with your claim today, so you can get back on the road in Kansas tomorrow.