The aftermath of a car accident is chaotic, and in addition, there are specific rules, laws, and insurance procedures that must be followed. The car accident laws in Kansas City will determine important factors, such as who is responsible for your damages and how long you have to file a lawsuit.
The car accident attorneys at Goza & Honnold are car accident lawyers in Kansas City who will fight for the compensation you deserve.
Missouri is a Fault-Based Insurance State
When an accident occurs in Missouri, someone takes the blame. That is because Missouri is a “fault” state. Each party’s insurance company pays for car accident damages according to their policyholder’s degree of fault. The motorist who caused the accident is responsible for any resulting damages to whoever was injured. Navigating car accident claims can be complex, and having legal representation can help ensure you receive the compensation you deserve.
A person involved in a car accident who suffers property damage and/or an injury has the right to proceed in one of three ways:
- Filing a claim with their own auto insurer (as long as they have collision coverage). Their insurer will then file a subrogation claim against the at-fault party’s insurer for reimbursement.
- Filing a claim directly with the at-fault driver’s auto insurer (known as a third-party claim).
- Filing a personal injury lawsuit against the at-fault party. Each car accident case is unique, and understanding the elements of negligence is crucial for a successful claim.
In “no-fault” car insurance states, victims must file a claim with their own insurer regardless of fault.
Kansas City Car Insurance Requirements
By law, all drivers in Missouri must carry liability car insurance coverage and uninsured motorist coverage (UM). The minimum level of coverage required by state law is:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property
The at-fault driver’s liability coverage should cover your medical bills, lost wages, property damage, and other accident-related expenses up to the policy’s limits. Obtaining an accident report is crucial for documenting the incident and supporting your claim. If your damages exceed policy limits, your only option is to pursue a personal injury lawsuit against the at-fault driver personally. UM coverage can protect you in the event of a hit-and-run accident or if the liable party does not have insurance. A car accident lawyer can help you navigate the complexities of insurance claims and ensure you receive the compensation you deserve.
Comparative Negligence Law
In the process of dealing with your car accident claim, you may come across Missouri’s rule of “pure comparative negligence,” which applies to determining fault in a car crash. This law allows parties to recover compensation even if they are 99% percent responsible for a collision. However, their compensation is diminished based on their assigned percentage of fault for contributing to the accident. If the at-fault driver alleges you also caused the crash, and if the courts find you partially responsible, your award will be reduced accordingly. For example, if you are awarded $100,000 and found 40% at fault, you will receive 60% of your award or $60,000. If you are assigned 80% of the blame, you will receive 20% or $20,000, and so on.
Accident Reporting in Kansas City
Under Missouri law (Missouri Revised Statutes section 303.040), you must notify law enforcement of a car accident in Kansas if:
- A person is injured or killed.
- There is more than $500 in property damage to any one person.
- The accident involves a parked vehicle, and the owner can’t be immediately contacted.
- Your insurance company requires it.
Time Limits for Filing a Car Accident Claim
The state has established a time limit for car accident victims to file personal injury claims or a Kansas City personal injury lawsuit, known as the statute of limitations. Any party injured in a collision has up to five years to pursue a claim. However, if the accident caused a fatality, the victim’s loved ones have three years to file a wrongful death lawsuit against the at-fault driver.
Kansas City Car Accident Laws FAQ
How can auto accident attorneys assist with motor vehicle accidents?
Auto accident attorneys provide crucial support for car accident victims involved in motor vehicle accidents. They guide you through the complexities of car accident laws, ensuring you understand your rights and options. From proving negligence to negotiating with the other driver’s insurance company, experienced car accident attorneys help build a strong car accident case. They also assist in filing personal injury claims, addressing medical bills, and recovering compensation for damages caused by the at-fault driver. Working with a Kansas City car accident lawyer ensures the legal process is handled while you focus on your recovery.
How do Kansas City car accident laws affect my claim?
Kansas City car accident laws play a crucial role in determining fault and guiding the process for recovering compensation after a car crash. Missouri operates under a fault-based system, meaning the at-fault driver’s insurance company is responsible for covering damages to accident victims. If you’re involved in a car accident, your car accident lawyer will help you navigate these laws and ensure you meet all legal requirements to file personal injury claims or pursue a lawsuit against the at-fault driver.
How does Missouri’s comparative negligence rule impact my car accident case?
In Missouri, the comparative negligence rule can reduce the amount of compensation you can recover if you’re found partially at fault for the car crash. If the police report and evidence show that you contributed to the accident, your damages will be adjusted based on your percentage of fault. For example, if you’re awarded $100,000 but found to be 40% at fault, you’ll only recover $60,000. An experienced car accident attorney will help prove negligence and protect your rights throughout this process.
What should I do after an accident occurs in Kansas City?
After a car accident occurs in Kansas City, you should first make sure that everyone is safe and call law enforcement if there are injuries or significant property damage. It’s important to report the accident so a police report can be filed, which will help support your car accident claims. Then, exchange information with all parties involved, including the at-fault driver’s insurance details. Consulting with a personal injury attorney is a smart step to help you understand how Kansas City accident laws apply to your case and assist you in recovering compensation.
Can I recover compensation if the at-fault driver has no insurance?
Yes, you may still be able to recover compensation if the at-fault driver is uninsured or underinsured. Missouri law requires that drivers carry uninsured motorist coverage, which can help cover your medical bills and other expenses if the at-fault driver lacks insurance. If the other driver’s insurance company won’t cover your damages, your own insurance policy could step in to fill the gap. A K City car accident lawyer will help you understand your coverage and guide you through the process.
How can a car accident lawyer assist with my claim?
A car accident lawyer can provide invaluable help in managing your car accident case. They will assist with determining fault, gathering evidence, and negotiating with the other driver’s insurance company. If necessary, an experienced car accident attorney will represent you in court. Whether you’re dealing with a minor fender-bender or a more serious incident, a lawyer will ensure your rights are protected and that you receive the full compensation you’re entitled to under Kansas City accident laws.
If you or a loved one has been involved in a Kansas City car accident, contact the personal injury attorneys in Kansas City at Goza & Honnold, LLC today by calling or filling out a contact form!
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.