Motor Vehicle Insurance Frequently Asked Questions
The veteran Wichita personal injury lawyers at Riedmiller, Andersen and Scott LLC represent injury victims and their families in Wichita, Kansas and the surrounding areas, including Valley Center, Park City, Kechi, Bel Aire, Eastbourough, Andover, Derby, Newton, El Dorado, Arkansas City, Winfield, Haysville, Goddard and Maize. For a confidential consultation to discuss your rights call 316-648-1369.
What are the minimum insurance requirements in Kansas?
The Kansas Insurance Department requires motorists to carry $25,000 per person/$50,000 per accident in bodily injury coverage; $25,000 in property damage coverage; $4,500 in personal injury protection/$900 a month for one year in disability coverage/ and $25 day for in-home services; $25,000 per person/$50,000 per accident in uninsured/underinsured motorist coverage.
What is personal injury protection (PIP)?
PIP coverage is meant to cover initial medical expenses for injured occupants of your vehicle regardless of fault. Typically this coverage is sufficient for minor injuries.
What is uninsured/underinsured motorist coverage?
This is vital coverage that protects you and your family in the event of a collision with a motorist who leaves the scene, who does not have insurance, or who does not have enough insurance to compensate you for all losses resulting from a collision. Some states make this coverage optional. In Kansas it is required and can be carried in limits equal to your bodily injury coverage. Our Wichita car accident lawyers believe this is vital coverage that should be carried by every motorist with as high of limits as can be afforded. This is the primary coverage that protects you and your family.
What if an at-fault driver does not have insurance or does not have enough insurance?
This is an unfortunately common occurrence and why carrying uninsured/underinsured motorist coverage is so important. When a motorist flees the scene, does not have insurance, or does not have enough insurance to compensate you for all losses, your own uninsured/underinsured motorist coverage can be pursued for the difference. Your Wichita car accident attorney may also pursue a claim against the personal assets of the driver and/or the vehicle owner if different from the driver.
What if I am partly to blame?
This is one of the most misunderstood areas of the law. Kansas follows the law of modified comparative negligence. This means as long as you are not at majority fault, you can still pursue a damage claim against another at-fault driver provided that driver shares a greater degree of fault. In such cases, your damage award may be reduced by your proportion of blame, but you are not barred from seeking a recovery.
I had a car accident while at work, now what?
These cases are complex. Your primary source of recovery will be workers’ compensation insurance, which should cover medical care and a portion of lost wages. If your employer carries workers’ compensation insurance, you are generally barred from suing your employer via a personal injury lawsuit. However, that does not mean a personal injury lawsuit is not possible, particularly if you are involved in a collision with another driver who was at fault. Additionally, if that driver is working, you may have a claim against his or her employer.
What do I have to prove?
For most personal injury lawsuits under Kansas law, a motorist must prove four elements against an at-fault party; That the party owed a duty of care, that the party breached that duty, that the breach resulted in accident or injury, and that you suffered compensable damages.
What damages can I recover?
This is one of the most complex areas of litigation and where having an experienced Wichita personal injury lawyer is vital to making a claim for all of the damages to which you are entitled. Kansas law allows you to recover economic damages for things like lost wages, medical bills and property damage, as well as non-economic damages for things like pain and suffering.
Who decides fault?
Insurance companies. Their lawyers. And your lawyer. Many motorists are surprised to learn that an at-fault insurance company will conduct its own investigation and arrive at its own decision of fault. This is independent of what law enforcement decides at the scene and may even contradict law enforcement findings or issued citations at the scene of a collision.
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The information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Merely contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until such time an official attorney-client relationship has been established.