What Happens If You Are At Fault in a Car Accident in Kansas?

What Happens If You Are At Fault in a Car Accident in Kansas?

By Pyle Law, Reviewed by E. Thomas Pyle November 06 2024 7:55 am

Have you ever wondered what happens if you are at fault in a car accident? In Kansas, the liable driver may be financially responsible for the damages caused to the other driver. The state operates under a modified comparative negligence system, which means that if you are found to be 50% or more at fault, you cannot claim compensation from the other party. However, it is essential to know your rights and responsibilities. At Pyle Law, we are committed to guiding drivers in Kansas, through these challenging circumstances.

What Happens If the Car Accident Was Your Fault in Kansas?

When you are found guilty, your insurance is required to cover the other driver’s medical expenses and property damage up to your policy limits. You may be personally responsible for the remaining costs if the damages exceed those limits, which is why reviewing your coverage is essential to confirm sufficient protection.

Related reading: Is It Illegal to Drive with Headphones?

What Damages Are Covered If You Cause a Car Accident?

Your insurance will typically cover damages such as:

• Medical expenses for the other driver and passengers.
• Lost wages for the other driver and passengers.
• Property damage to the other vehicle or any property involved in the incident, such as fences or traffic signs.
• Non-economic damages, like pain and suffering, could also be included in certain circumstances, although Kansas law places limits on these.

You can learn more about what these damages entail and how insurance policies work in the state by reading this guide.

What Happens to Your Own Vehicle if You Are At Fault?

If your vehicle is damaged, collision coverage is necessary to cover repairs or replacement. Liability insurance only pays for the other driver’s damages, so you’ll be responsible for the costs out of pocket without collision coverage. Be sure to carefully study your policy to verify you have the right coverage for your vehicle, especially if repairs are expensive. 

Learn more about property damage liability coverage by visiting this resource.

What Should You Do Immediately After Causing a Car Accident?

If you are responsible in a car collision, it’s critical to take immediate action to protect yourself and guarantee everyone’s safety. Follow these steps:

• Stop and Ensure Safety

The state law requires you to stop immediately after an incident. Safely pull over and assess the situation for any injuries. If anyone is hurt, call 911 right away.

• Report the Accident to Authorities

You should contact local law enforcement to file a report, especially if there are significant injuries or property damage. A police report can be fundamental for insurance claims and potential legal disputes. Here’s why reporting is important.

• Exchange Information with the Other Driver

You and the other driver will need to exchange contact and insurance details, including your name, address, phone number, and insurance policy information. Avoid discussing liability at the scene.

• Document the Scene of the Accident

Take photos of the vehicles, damages, and the scene, including skid marks or road signs that might support your case later. Also, collect witness statements if possible.

• Contact Your Insurance Company

Notify your insurance provider about the incident as soon as possible. Honesty is essential in this process to avoid complications with your coverage.

Related reading: Is It Illegal to Drive with Interior Lights On?

What Happens If You Are Partially At Fault in a Car Accident?

The state operates under a modified comparative negligence rule. This means that if you are found to be partially at fault, your compensation will be reduced by your percentage of responsibility. For example, if you are 30% guilty, you would only be eligible to recover 70% of the damages, assuming you are seeking compensation. On the other hand, if you are 50% or more at fault, you are barred from recovering any compensation from the other party.

Seek Help from a Car Accident Lawyer in Kansas

If you’re worried about what happens if you are at fault in a car accident, an experienced attorney can help protect your rights and minimize financial risks. Contact Pyle Law today to discuss your options and understand your legal responsibilities. Call us at 620 241 9000 or schedule a free consultation here.