One of the most common questions we get at AHI Group serving Olathe, KS is how Kansas is a no-fault state, but you can still be sued after an auto accident.
Each driver’s auto policy provides coverage for their medical bills and other expenses, regardless of who caused the accident. But the other party can file a personal injury claim against you after an auto accident in Kansas if:
- They have medical bills of $2,000 or more.
- They have a serious injury, such as a broken bone, permanent disfigurement, permanent disability, loss of a body part, loss of body function, or death.
The individual suing you has to submit evidence that proves two things:
- Their injuries were caused by your breaking a traffic rule or failing to act reasonably and
- Your actions resulted in your being at least 51 percent at fault.
Kansas has a modified comparative negligence rule for personal injury lawsuits. For instance, if you are sued and found 75 percent at fault for the other party’s injuries, you may have to pay 75 percent of their claim. But if the other party is more at fault than you are, they are not awarded any damages.
Your auto coverage helps you pay personal injury claims. It may also help you pay your attorney bills. Your insurance company may advise you to defend against a suit, or it may settle the suit for you. But as long as you have enough coverage, your policy will pay the other party’s claim.
Here’s one thing to keep in mind:
The state-mandated minimum of $25,000 for property damage and $50,000 for bodily injury is not enough to settle potential claims for a severe crash for which you are at fault. Speak with your agent at AHI Group serving Olathe, KS, about how much liability coverage you need for your car.
