Kansas Car Accident Law, Lawyers and Attorneys
UPDATED: February 18, 2020
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Car accidents occur daily in every state across the nation. The state of Kansas had nearly 66,000 traffic accidents in the year 2008 alone. If you or a loved one has been in an accident, and you are looking for guidance on what to do next, the resources presented for you here can help. Of course, if the accident just occurred, or if there are any injuries involved, the first thing you should do is call 911 immediately. The information you will find here deals with assessing your rights and responsibilities after the accident, and should be consulted after you have addressed any immediate health issues. Our car accident articles cover a broad range of issues, from liability issues and the context behind structured settlements, to claims and fault data. Also, you will find rules, laws and other Kansas-specific information, as well as links to Kansas personal injury attorneys who can assess the value of your claim and provide advice on the course of action that is right for you.
Kansas Car Accident Articles:ï¿½
How an Auto Accident Insurance Claim Works
What is Your Car Accident Injury Claim Worth?
Who is at Fault?
Car Insurance and Auto Accidents: Are You Covered?
What You Can Expect to Recover for Property Damage in Auto Accident Cases
Auto Accidents: Options if You’re at an Impasse with the Insurance Adjuster
Car Accidents Involving Government-Owned Vehicles and Government Workers
Do I Need to Contact an Attorney After a Car Accident?
Kansas Car Accident Lawyers:ï¿½
Special Rules for Kansas Car Accidents:ï¿½
Kansas Fault: Proportional Comparative Fault @ 50% .
Kansas Car Insurance Requirements/Limits: Bodily Injury & Property Damage Liability. The minimum level required by law is:ï¿½
•ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ $25,000 per person for bodily injury AND $25,000 for uninsured motorist coverage per person for bodily injury
•ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ $50,000 per accident for bodily injury AND $50,000 for uninsured motorist coverage per accident for bodily injury
•ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ $10,000 per accident for propertyï¿½
Proof of this liability insurance must be kept available in the vehicle at all times, including when registering a vehicle, renewing license plates, or anytime a police officer or the Department of Revenue asks you to show proof of insurance.ï¿½
Kansas Small Claims Limits:ï¿½$4,000ï¿½
Kansas Personal Injury Statute of Limitations: 2 years
Kansas Auto Accidents Involving Government Vehicles: In most cases, government entities receive protection from private lawsuits under a legal doctrine known as “government immunity” or “sovereign immunity.” This doctrine doesn’t necessarily provide complete protection though; sometimes it just imposes extra notice requirements.ï¿½For more information on this type of government protection, follow this link to our FreeAdvice.com article on vehicle accident claims against government entities. Keep in mind that, depending on which government entity, there are frequently special requirements for how long you have to notify them of your claim. See below for some Kansas specific details:ï¿½
Requirements for Filing Against Government Entities:
1) For filing against the Federal Government: Use Standard Form 95 and follow the instructions on the back page.ï¿½The form must be completed and submitted to the appropriate agency within two years after the claim accrues.
2) For filing against the State of Kansas: Aside from the 2-year statute of limitations discussed earlier, when suing the Kansas state government, you only have one year from the date of the accident to file a signed written statement giving the names of the people you are suing, the name and residence of the people injured in the accident, the date, time, and location of the accident, as well as the name and address of the attending physician (if any). This statement has to be filed with the Office of the Attorney General. It is imperative that you record correct information at and around the time of the accident, as failure to provide the notice as requested will result in a summary dismissal of you case. You will also forfeit the right to ever sue for this issue again. For more information on this statutory requirement, and/or to find help with your case, contact a Kansas personal injury lawyer for a free case evaluation.
3) For filing against a Kansas county or municipality: The requirements vary with the entity, so you’ll have to contact the specific county or agencies involved. See Kansas Personal Injury Venue below for more information on where and how to file a claim.ï¿½See this directory for a list of all government agencies and associations in the state of Kansas.
In dealing with accidents involving government entities and workers, be aware that there are always special notices to be filed against the appropriate government unit responsible, whether in risk management, attorney general’s offices, or local agencies, and the time periods are limited in all cases (as little as 30-180 days). The rules can be confusing, so carefully check the forms linked above before you fill them out. Accident claims involving the government can be complicated. Any mistakes in filing or failing to file on time could result in the loss of your ability to recover for your damages and injuries. Consult an experienced attorney right away to preserve your rights. Also see Car Accidents Involving Government-Owned Vehicles and Government Workers.ï¿½
Kansas Personal Injury Venue (Where to File Your Lawsuit): In the municipal or justice court located where the defendant (the person you are suing) lives or does business. Alternatively, you might consider filing in a court located where the accident occurred. If you are filing a claim against a government agency and are unsure of which agency is responsible, the most prudent course is to file a separate claim against each agency. Also, you might choose to contact a Kansas auto accident attorney.