Being involved in a car accident can be a challenging ordeal. Road collisions can often leave victims with severe injuries, emotional distress, and financial burdens. According to the National Safety Council, approximately 5.4 million people sought medical consultation for car accident injuries in the United States in 2021.
Understanding what you should do after a car accident can be difficult, especially when it involves specific laws or regulations and deals with complex insurance claims.
At Hinrichs & Scott Injury Trial Lawyers, we are experienced in representing individuals who have been injured in car accidents. We thoroughly understand state-specific car accident law and offer skilled representation to fight for the compensation you deserve.
Located in Kansas City, Missouri, we serve clients throughout Jackson County, Clay County, Platte County, and Cass County in Missouri, as well as Wyandotte County and Johnson County in Kansas.
Types of Car Accident Cases We Handle
At Hinrichs & Scott Injury Trial Lawyers, our experienced legal team handles a broad range of car accident cases, such as:
Rear-end and head-on collisions
Side-impact crashes
Sideswipe accidents
Accidents involving uninsured or underinsured motorists
DUI/DWI-related accidents
Accidents caused by distracted driving
If you or a loved one has been involved in a car accident, our skilled attorneys are here to provide compassionate and knowledgeable representation.
Injured in a Car Accident?
Understanding Car Accident Laws in Missouri
When it comes to car accidents, Missouri operates under a fault-based system. This means the driver who is found to be at fault for causing the accident is responsible for any resulting harm. The fault-based system allows injured parties to pursue compensation through multiple channels:
Filing an insurance claim directly with the at-fault driver's insurance company (third-party claim)
Filing a claim with their own insurance company (if applicable)
Filing a lawsuit in court
However, Missouri also follows a "pure comparative negligence" rule. This means that if you are found to be partly at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 10% at fault, you would receive $90,000.
Missouri Statute of Limitations
Under the Missouri statute of limitations, individuals who have been injured in a car accident have five years from the date of the accident to file a lawsuit in court. The same five-year period also applies to individuals involved in an accident that resulted in vehicle or property damage. Failing to file a claim within this period generally results in the loss of the right to sue.
Missouri "Steer It Clear It" Law
Missouri's "Steer It Clear It" law requires drivers involved in a non-injury motor vehicle accident to move their vehicles to the side of the road if they are operable and can be safely moved. The primary aim of this statute is to prevent further accidents and congestion on the roads by clearing the way for traffic and emergency vehicles.
Failure to comply with this law can result in penalties, including fines and points on a driver's license. However, if injuries are present, drivers are not required to move their vehicles. Instead, they are encouraged to wait for emergency services to arrive.
Missouri Minimum Insurance Requirements
Missouri law requires drivers to maintain auto insurance coverage to cover potential liabilities in the event of an accident. The minimum coverage requirements are as follows:
$25,000 per person for bodily injury
$50,000 per accident for bodily injury if multiple people are injured
$25,000 for property damage
We understand that navigating Missouri's various laws may seem intimidating. Our attorneys at Hinrichs & Scott Injury Trial Lawyers are well-versed in the laws surrounding car accidents in Missouri, and we are dedicated to helping our clients work through the claims process.
Understanding Car Accident Claims in Kansas
Kansas follows a "no-fault" auto insurance system. This means that after most car accidents, an injured party will turn to their own insurance coverage to obtain compensation for medical expenses, lost income, and other out-of-pocket losses, regardless of who caused the accident.
However, this system limits the ability to sue the other driver except in cases of severe injury, which is defined under state law.
Personal Injury Protection (PIP) Coverage
Under the "no-fault" system, Kansas law requires all drivers to carry personal injury protection (PIP) as part of their car insurance policy. This coverage makes sure certain expenses are covered without the need to prove fault, including:
Immediate medical expenses
Rehabilitation costs
Funeral expenses
Lost wages
PIP coverage applies to the policyholder, relatives living in the same household, and passengers in the vehicle if they do not have their own PIP coverage.
Kansas Minimum Insurance Requirements
In addition to PIP coverage, Kansas law requires drivers to have the following minimum bodily injury and property damage liability coverage:
$25,000 for bodily injury, per person per accident
$50,000 for total bodily injury per accident
$25,000 for property damage per accident
Kansas also requires drivers to carry uninsured and underinsured motorist coverage, which comes into effect if you are injured by a driver who does not have sufficient insurance to cover damages.
Fault in Serious Injury Cases
Although Kansas's "no-fault" system restricts suing the other driver in most cases, severely injured victims can pursue a claim against the at-fault driver if their injuries meet a specific threshold. This can include situations where injuries result in significant and permanent loss of function, disfigurement, fracture, or death.
Statute of Limitations in Kansas
In Kansas, the statute of limitations for filing a car accident claim is two years from the date of the accident. This includes both personal injury and property damage claims. Failing to file within this period typically results in the court refusing to hear your case.
For Kansas residents or those involved in accidents within the state, consulting with an experienced car accident attorney, such as our attorneys at Hinrichs & Scott Injury Trial Lawyers, can be helpful.
What Damages Can You Seek in a Car Accident Claim?
After a car accident, victims may be entitled to various types of damages depending on the specifics of their case. These can include:
Medical expenses (current and future)
Lost wages
Property damage
Pain and suffering
Emotional distress
Loss of enjoyment of life
The amount and availability of these damages can vary greatly based on state laws and the circumstances of the accident. Our attorneys at Hinrichs & Scott Injury Trial Lawyers can help you understand what damages may be available in your case and guide you through the process of seeking compensation.
Car Accident Attorneys in Kansas City, Missouri
If you or a loved one has been involved in or injured in a car accident, contact Hinrichs & Scott Injury Trial Lawyers for experienced legal support. Our primary goal is to make sure you receive the compensation you deserve to cover your medical bills, lost wages, and other accident-related expenses.
Contact us today for a free consultation and take the first step towards protecting your rights and securing your future.