Should I Use My Own Insurance After a Car Wreck?

Each year in Kansas, there are over 130,000 people who are involved in a car accident, either as the driver or passenger of a car—or as a pedestrian. While the majority of these people are physically unharmed, they still must contend with insurance companies if there was any property damage. Sadly, the ones who are injured in these accidents have a much longer road ahead of them.

Whatever situation you’re in, you should know what to expect after an accident and under what circumstances you would go through your own insurance compared with the other driver’s insurance. At Biesterveld & Crook, LLC, we focus solely on personal injury cases and can help you navigate the difficult and stressful process of filing an insurance claim and recovering damages. We’re proud to serve individuals in Overland Park as well as Jackson County, Missouri, and Douglas, Shawnee, and Johnson Counties in Kansas, as well as all of Kansas City Metro. Call us today to schedule a consultation.

Car Accidents in Kansas & Missouri

If you live in the Kansas City area, you’ll need to be aware of the different laws in Kansas and Missouri. In Kansas, personal injury protection (PIP) covers certain injury-related losses regardless of fault, subject to applicable limits and coverage rules. PIP does not pay for vehicle repairs. Damage to your car may be covered by the at-fault driver’s property-damage liability insurance or your own collision coverage, if you have it. Coverage, policy limits and any deductible depend on the policy and the circumstances. See K.S.A. 40-3107.

Auto Liability Insurance Requirements
In Kansas & Missouri

Kansas PIP can help pay covered medical expenses, certain lost earnings and rehabilitation costs. A separate claim against an at-fault driver may also be available. Kansas law sets requirements for recovering damages for pain, suffering and other nonfinancial losses. A lawyer can review how PIP, liability coverage and those conditions apply to your claim. See K.S.A. 40-3117.

Missouri does not require drivers to carry PIP, so you will almost always have to determine fault before you can start to seek compensation. The only requirements that Missouri drivers have are liability coverage and uninsured motorist (UM) coverage. This can pay for medical expenses, property damage, other costs related to the accident, and coverage if the other driver was uninsured.

How is Fault Determined
After a Car Accident?

Determining fault is one of the most important aspects of an insurance claim, and this will look a little different in each state. For any claim, you will be assigned an insurance adjuster who will look at the details of your case, gather statements from both drivers and any witnesses, examine evidence regarding your property and injuries (which is why seeking medical attention immediately after your accident is always a good idea), then determine the amount of liability each driver holds.

What each state does with this information is slightly different. Missouri is a “pure comparative” negligence state and Kansas is a “comparative negligence” state. In Missouri, this means fault can be shared by both drivers regardless of the proportions. For example, if you are only found to be 20% at fault for the accident occurring, your awarded damages will be reduced by 20% to reflect your share of liability. Even if you were found to be 90% at fault for the accident, you can still file a claim, but you can only seek the 10% of damages that you weren’t responsible for. In an ordinary Kansas negligence claim, fault attributed to the person seeking damages can reduce or prevent recovery. Under K.S.A. 60-258a, that person’s causal negligence must be less than the combined causal negligence of the party or parties against whom the claim is made. When recovery is allowed, damages are reduced in proportion to the negligence attributed to the person seeking them. A lawyer can explain how the rule applies to the facts of your claim.

Will I Receive Compensation From the Insurance Company if I File a Claim?

There is no way to determine who will or will not receive compensation until an investigation is completed. The best way to ensure your chances of receiving an adequate settlement is to hire an experienced personal injury attorney who can help you negotiate with the insurance adjuster, gather evidence, prepare your personal statement, and if necessary, file a lawsuit.

You will also need to pay attention to the statute of limitations for each state to ensure your claim is made in a timely manner. In Kansas, you have two years to file a claim. In Missouri, you have five years to file a claim—but the longer you wait. the more difficult your case may become.

How a Knowledgeable Attorney Can Help

If you or a loved one has been injured in a car accident and you’re unsure of which insurance provider to use or whether to file a personal injury claim, our attorneys at Biesterveld & Crook, LLC can help. If you’re in the Overland Park, Kansas area, or anywhere in Kansas City, call us today to start discussing your options.