Can I Lose My House Due to an at-fault Car Accident in Kansas?

Can I Lose My House Due to an at-fault Car Accident in Kansas?

By Pyle Law, Reviewed by E. Thomas Pyle September 17 2024 9:57 pm

Understanding liability in Kansas is important, especially regarding comparative fault and insurance coverage. If you’re more than 50% at fault and the damages exceed your insurance coverage, you could risk losing personal assets. Knowing your rights and responsibilities can help protect you in such situations. So, can I lose my house due to at-fault car accident? Keep reading to find out. 

On the other hand, if you or a loved one has been injured in an accident and someone else was to blame, a Wichita, KS Car Accident Attorney to determine your rights to seek compensation from liable parties. 

Understand Liability, Comparative Fault, and Insurance Coverage in Kansas

If you caused a car accident in Kansas, you might be worried about losing your house. It’s a scary thought, but let’s break it down:

• Liability means you’re responsible for the auto accident. In Kansas, if you’re more than 50% at fault, you must pay for damages.

• Comparative fault means that if the other person was partly to blame, too, the amount you owe might be reduced by their percentage of fault.
• Insurance coverage only applies up to policy limits. Your car insurance will only cover the other party’s losses up to these limits.

Most of the time, your insurance will cover the costs of an accident you caused. But if the damages are more than your insurance policy, that’s when you might start worrying about your personal assets, like your house.

Personal Liability for Damages Exceeding Your Insurance Coverage

If the accident caused more damage than your insurance can pay for:

• The other person might sue you for the extra money.
• If they win, you might have to pay out of your own pocket.
• This could include using your savings or selling assets.

But don’t panic! There are laws in Kansas that can help protect your home.

Kansas Homestead Exemption and How It Protects Your Home

Kansas has something called the homestead exemption. This law helps protect your home if someone sues you:

• It covers an unlimited value for up to one acre in a city or 160 acres outside of a city.
• This means that in most cases, you can’t be forced to sell your home to pay off a lawsuit from a car accident.
• But it doesn’t protect other assets like savings accounts or extra property.

This law is beneficial, but it does not protect a liable party’s home in every situation.

Can I Lose My House Due to an at-fault Car Accident: Steps to Protect Your Assets 

If you’re worried about protecting your assets, consider the following:

• Increase your insurance coverage. Higher limits mean more protection.
• Look into an umbrella policy, which is extra insurance that can cover serious accidents.
• Don’t try to hide assets or transfer property, as it can get you in more trouble.

While it’s rare to lose your house from a car accident in Kansas, it’s still important to be prepared. Good insurance and quick action can help protect you and your home.

Contact A Wichita Car Accident Attorney to Understand Your Rights

If you suffered injuries in a crash and wonder about your rights to compensation, a Wichita and McPherson Kansas car accident lawyer at Pyle Law will explore your options. Call us at 620-241-9000 or contact us online to request your free consultation.