Medical:
Because Kansas is currently a "no fault insurance" State, your medical bills will initially be paid by your automobile insurance company without first determining who was at fault. The minimum medical coverage that must be carried is $4,500.00. You can purchase more medical coverage and should consult your policy or insurance agent to determine the amount available.

These medical benefits are part of a Coverage called Personal Injury Protection or (PIP) Benefits. Other PIP benefits your insurance company may pay include lost wages, funeral costs and rehabilitation benefits.

Generally, upon recovering or settling your claim against the other party, you must repay your insurance company most or all of the benefits they paid to you. This is commonly called a right of subrogation. There are some exceptions to subrogation.

Your Insurance Company:
Generally, you have a contractual duty to cooperate with your insurance company pertaining to their investigations of the facts, as well as providing them with information regarding your injuries, treatment and wage loss.

Other Driver's Insurance Company:
You have no obligation to cooperate with the other party's insurance company, even when the other driver's insurance company is the same company as yours. Do not give a statement to the claims adjuster representing the other party's insurance company without first consulting an attorney.

LIABILITY

For Reference:
Keep a printout of this section in the glove compartment of your car in case of an automobile accident. The issue is fault. To what extent are the Parties responsible for the accident?

Parties:
Most of the time the fault for the accident lies with the drivers involved. However, there are circumstances when others may be negligent and liable for the harm caused. These parties include, but are not limited to, the state of municipality which maintains roads, bridges and signs, auto manufacturers, and maintenance and repair shops.

Duties:
Every driver has the duty to keep his car under proper control and to drive in a manner so that he or she may avoid colliding with other cars. Drivers should operate their cars in a manner that is age under the circumstances. Specific duties required of Kansas drivers are stated in Kansas Statutes Annotated, Chapter 8-Automobiles and Other Vehicles.

Comparative Fault:
Kansas Statutes Annotated 60-258a states if a person is found to be 50% or more at fault, that individual cannot recover damages for negligence resulting in death, personal injury, property damage or economic loss. If the person's negligence is less than 50%, the award of damages shall be reduced in proportion to the amount of negligence attributed to that person. For example, if you are 20% at fault, you may recover 80% of your damages.

DAMAGES

Property:
You may negotiate with the other party's insurance company, or collect against your own company if you have collision coverage. Remember your deductible if you seek reimbursement from your insurance company. Generally, if your car is a total loss, you are entitled to the fair market or actual cash value of your car, less its salvage value.

Personal Injury:
In Kansas, in order to bring a claim for pecuniary loss such as pain, suffering, disability and mental anguish, you must meet a certain threshold requirement. Some of the most common thresholds are: $2,000.00 in medical bills; permanent disfigurement (scarring); permanent injury; compound, comminuted, displaced or compressed fracture; fracture to weight-bearing bone; and death.

Treatment:
It is important to seek appropriate and necessary medical care as soon as possible after the accident. You should not be guided by what you believe will help your potential personal injury claim. Your focus should be on the most important thing, healing. Your body will most likely be with you a lot longer than any monetary recovery you might receive.

IF YOU ARE INVOLVED IN AN AUTOMOBILE ACCIDENT, YOU SHOULD:

• Determine the medical condition of yourself and the other people in your car and act responsibly.
• Call 911 or ask another person to call 911 and request the police or sheriff, and E.M.S. assistance.
• Do not make any remarks or statements to anyone regarding liability, fault or the facts of the accident.
• Obtain names, addressed and other identifying information or all persons present who may have witnessed the accident.
• Cooperate with the law enforcement officers who are investigating the accident.
• Note the facts of the accident, conditions, scene, conversations and persons who are present.
• Injuries: Do not assume you are not injured. Take time to evaluate yourself and tell the officer of any pain or injuries you have. Do not delay in seeking medical treatment.

DO YOU REALLY NEED A LAWYER?

Maybe. The severity of the accident, the seriousness of the injuries and the amount of property damage to your car are, of course, important considerations.

First, do not always follow the advice of the claims adjuster employed by the other driver's insurance company. The adjuster may be honest but he or she does not represent your interest. When it comes down to how much money you should receive for compensation for your damages, the adjuster will side with his or her employer, the insurance company.

Secondly, if in doubt, call an attorney. Most personal injury attorneys will speak to you over the phone or in person without any cost to you. After talking to someone who is evaluating the case from your perspective and with you best interests in consideration then you can decide whether you should retain an attorney.