Two Cars After an Accident on the Street

Common Misconceptions About Kansas Car Accident Claims 

Roth Davies LLC Sept. 30, 2022

According to the Kansas Department of Transportation In 2020, 48% of car accidents involved a collision with another vehicle, and those collisions led to 10,129 injuries. Injuries should be quickly treated by a qualified health care professional, which may mean expensive medical bills on top of the costs to repair your vehicle.   

Dealing with the financial consequences of a car accident can be overwhelming. It may be difficult to focus on your recovery if you are worried about how you’re going to cover unexpected costs. It’s possible to seek financial compensation through the legal system to cover your expenses after a car accident.  

With decades of experience and award-winning attorneys on staff, the team at Roth Davies LLC will advocate for the best possible outcome for your case. Roth Davies LLC proudly represents clients in Overland Park, Kansas, and throughout Johnson County. 

Common Misconceptions About Kansas Car Accident Claims 

Who is liable in a car accident? Is it necessary to report the accident? It’s important to know the answers to these questions so that you can understand your legal options. 

It’s Always the At-Fault Driver’s Insurance that Pays for Damages/Injuries 

Perhaps the most important question is: who will pay for damages after a car accident? The answer depends, and it’s not always the at-fault driver’s insurance policy that pays out.  

In fact, Kansas is a no-fault state, which means that it doesn’t matter who was at fault for the accident: your own insurance policy should cover your medical bills and some other costs created by the accident.  

Since Kansas Is a No-Fault Insurance State,
I Can’t Seek Compensation from the At-Fault Driver 

In many cases, the insurance company may not offer a settlement amount that will cover all of the costs of the accident. But don’t think that you’re at the end of the road. You can still take legal action against the at-fault driver in certain situations. 

There are two conditions that must be met for a case to be eligible to seek compensation from the at-fault driver. First, the costs created by the accident must be more than what was received from insurance coverage.  

Second, the injuries must be serious. Serious injuries include permanent disfigurement; fracture of a weight-bearing bone; compound, compressed, or displaced fracture of any bone; and permanent injuries. Speak with a knowledgeable car accident attorney to learn more about what injuries qualify as serious. 

If the Accident Is Minor, It’s Not Necessary to File a Police Report 

Even if you think the accident was minor, it’s important to still file a police report to have an official record. The report may be an essential part of your case down the line. It’s better to be cautious and file the report even if the accident was minor. 

I Was Partially At-Fault for the Accident,
So I Can’t File a Personal Injury Claim 

What if I was partially at fault for the accident? While you may bear part of the responsibility for the accident, that does not necessarily prevent you from being able to file a personal injury claim. The answer will depend on how much the accident was your fault. Speak with an experienced personal injury attorney to learn more about your legal options. 

I Don’t Need to Hire an Attorney to File a Personal Injury Claim 

Negotiating with insurance adjusters and navigating Kansas traffic laws can be difficult. Insurance adjusters are trained in protecting their bottom line, which means they often use all the tactics they have to stop cases from moving forward. A personal injury attorney who has experience negotiating with insurance adjusters – and taking them to trial if necessary – will also bring their knowledge of Kansas law to help you build a strong case. 

Skilled Advocacy: Roth Davies LLC 

Medical bills and vehicle repair bills can quickly add up, and your financial situation only gets worse if you are also missing time at work and losing income because of the accident. Learn about your legal options for seeking compensation. The team at Roth Davies LLC aims to provide the very best legal counsel and representation to clients in Overland Park, Kansas, and throughout Johnson County. Contact the firm today to schedule a consultation.