Kansas is one of 12 no-fault states. This means that if you are involved in a car accident in the state, your insurance will cover the initial wage loss and medical bills, usually up to $4,500 unless you bought more coverage. The PIP claim does not affect your premium, if you are not at fault. PIP must pay before your medical insurance will pay. If you are confused, you are in good company. Feel free to give us a call with your questions.
You will be required to use your own no-fault insurance coverage — also known as personal injury protection (PIP) — to pay for medical bills for:
If you are making a no-fault/PIP claim in Kansas, the state requires the following minimum limits of coverage, so your insurance must cover the following:
Kansas PIP coverage pays survivor benefits for family members, if there is a fatality, including:
The good thing about no-fault states is that because there is no need to determine who is at fault, to get these PIP payments and you receive compensation more quickly.
In Kansas, you are prohibited from seeking compensation for pain and suffering unless you “breach the threshold.” This means that your medical bills must total $2,000 or more, or you have one of the following:
The Kansas personal injury attorneys at Neustrom & Associates have more than 40 years of experience handling car accident cases. We are here to fight your legal and insurance battles so you can focus on your recovery. To schedule a free consultation, call (785) 825-1505 or fill out the online form.
]]>When an employee is involved in a car accident while performing their work duties, the employer sometimes should be responsible for any resulting damages.
Vicarious liability occurs when the person causing the crash is at fault, but so is the person’s employer. This happens because employers are responsible for the people they hire. Even though the employer may not have directly caused the crash, their employee did, which makes them liable as well. Vicarious liability is a legal theory known as “respondeat superior,” which means “let the superior answer.”
Employers are held liable for car accidents for two reasons:
To hold an employer liable for vicarious liabille, there must be four elements involved. We would help you prove the driver was:
Separate from vicarious liability, when an employee causes a car accident, an employer may be considered negligent in any of the following ways:
Companies have a huge responsibility when it comes to their employees. They need to be held accountable or we all are at risk.
The Kansas personal injury attorneys at Neustrom & Associates can assess your case and determine liability. Multiple parties could be at fault for your car accident. To schedule a free consultation, call (785) 825-1505 or fill out the online form.
]]>In general, people need to “stay in their lane,” or mind their own business. When driving on Kansas roadways, motorists also need to stay in their lane — literally. When they don’t, they can cause fatal car accidents.
This recently happened in Salina. A woman failed to keep her pickup truck in the appropriate lane, causing it to hit a vehicle on the shoulder. A passenger in that vehicle was killed.
The crash happened a few months ago. A young woman from Wichita was heading south in a pickup truck on Interstate 1-35 near Water Well Road. The truck crossed a center median for unknown reasons and hit a pickup truck on the shoulder of the northbound lanes. The impact caused the second pickup truck to catch fire.
A passenger in the second pickup, another young woman from Salina, was killed in the crash. The driver of that pickup suffered serious injuries and was taken to a Salina hospital. The woman driving the first pickup truck also suffered serious injuries and was taken to a Wichita hospital.
When a person is behind the wheel of a vehicle, their main job is to keep control of their vehicle. Unfortunately, this does not always happen. There could be an issue with the vehicle. Maybe road conditions are bad. Perhaps another driver is acting erratically.
Loss of control is the main cause of solo-vehicle crashes. It can happen in many ways. A driver may swerve to avoid a road hazard. A driver may be distracted and veer off the road.
There are a few main causes of loss of control:
When you are driving on Kansas roadways, you hope that other motorists will pay attention and drive safely. Unfortunately, this is not always the case. Your life is always at risk while behind the wheel.
The Kansas personal injury attorneys at Neustrom & Associates know what it takes to help you get the compensation you deserve after a traumatic accident. We genuinely care about you. To schedule a free consultation, fill out the online form or call (785) 825-1505.
]]>When you get into a car accident, you are legally supposed to stop at the scene and exchange information. You should also get medical help and wait for the police to arrive. Some drivers do not follow these laws, though. Instead, they keep on driving, hoping to elude the police and not get in trouble.
This is called a hit-and-run accident. Drivers may flee the accident scene for various reasons. Perhaps they are intoxicated. Maybe they have a warrant for their arrest. It could be that they do not have a driver’s license or insurance.
In any case, it is illegal. For the victims, it is a frustrating situation. The driver caused your injuries, and now they cannot be located, so how do you get compensation? Here is what to do after a hit-and-run crash.
Never follow the fleeing driver. You do not want to be accused of leaving the accident scene as well. Plus, you will miss getting witness accounts, and the police may question who is at fault.
Call 911 if you or someone else is injured. You should also call the police to the scene so they can assess the accident and file a report. This report can be useful for your insurance company when you file a claim.
While the other driver may have quickly left the accident scene, write down what you remember. This may include the vehicle’s make, model, and color, and the direction the vehicle was heading. Maybe you caught a few characters of the license plate number. Photos of the damage to your vehicle and the location and time of the accident can also be helpful.
If there are any witnesses, ask if they can supply additional information about the accident. Get their names and contact information so they can make a statement to your insurance company, if necessary.
Even if the driver is not found, you need to file a claim with your insurance company. There are a several coverages that can pay for the damage. For example, PIP will pay your medical bills, usually up to $4,500 and other bills. Collision coverage will pay to repair or replace your vehicle if it was involved in a collision with another object. You can make a claim regardless of fault.
There is also uninsured motor vehicle coverage, which will pay your damages including medical expenses, lost wages, pain and loss of function, or damages to your car if the at-fault driver does not have insurance or cannot be found. In fact, Kansas requires all drivers to have uninsured motor vehicle coverage.
If you are just reading this, think about getting good bodily injury coverage, as it covers this loss if you cannot find the other driver. If you only carry $25,000 in coverage, that is all you get for uninsured motorist coverage in a hit and run.
Getting in a car accident is never a fun time. When one of the parties leaves the accident scene, it can make things more complicated.
You do not have to feel helpless. The Kansas personal injury attorneys at Neustrom & Associates can assess your situation. We can help ease your burden and help you get full and fair compensation. Schedule a free consultation by calling (785) 825-1505 or filling out the online form.
]]>One of the most important things you can do after a car accident is to document it. This means taking photos and jotting down notes about the aftermath. You may not be thinking about all this, but having as much evidence and documentation as possible regarding your accident can strengthen your case and help you get the most compensation possible.
Here are some tips to go about it.
If anyone is injured, your first step should be to call 911 for help. If not, then calling the police should be your next step. Police officers can help facilitate the exchange of information between parties. Plus, a police report includes important information that can help insurance companies figure out who was at fault.
Today’s smartphones tend to have high-resolution cameras, which are perfect for visually documenting car accidents. Even if you think you are at fault for the crash, it is a good idea to document as much as possible because your evidence could prove otherwise. Take photos of the vehicles before they are moved from the crash site. Include landmarks to show where you are. Photograph the damage to all vehicles involved. You should also take photos of the other driver’s license and insurance information. Collect video statements from witnesses, if they are willing and the officer is not talking to witnesses.
If you are injured after a car accident, you will need to prove it. Even if you do not think you are hurt that bad, you should still seek medical attention and report all symptoms of all body parts that you feel could be hurt. Failure to do so will make it harder to prove that any injuries you develop later are caused by your accident.
Ask your doctor for copies of all the medical records associated with your post-accident treatment. You should create a file that contains the following:
After a car crash, it’s important to take the right steps. Having the proper documentation and evidence can greatly help your case by getting you full and fair compensation.
The Kansas personal injury attorneys at Neustrom & Associates can guide you in the right direction after a car crash. We work hard to hold others accountable when they have caused significant harm to you or a loved one. To schedule a free consultation, fill out the online form or call (785) 825-1505.
]]>You were involved in a car crash. Or maybe you are a victim of someone’s negligence.
Personal injury cases are common. A person could get injured in many ways. Nobody is immune to injuries. When they occur, they may be catastrophic in nature. As such, you may want to file a lawsuit against the liable party.
However, there are restrictions and guidelines that must be followed when filing a lawsuit. One of those elements is the timeline. You must file a lawsuit within a certain amount of time. Read on to learn about the requirements for Kansas.
You do not have an unlimited amount of time to file a lawsuit. Every state has timelines to file a claim. These are called the statute of limitations. In Kansas, the statute of limitations is normally two years for personal injury cases, as outlined in Kan. Stat. § 60-513. Personal injury and wrongful death are covered under this statute.
This means that you have two years from the date of the injury. Because injuries are not always apparent right away, the statute also uses the date that the injury could reasonably be discovered. Sometimes you get eight more years, or in medical negligence cases, It could be four. Minors get to age nineteen, but not past the statute or repose of eight or four years that may apply. Ask an attorney who handles these cases, before you decide what to do.
Kansas also tolled statutes of limitation for approximately a year, from March of 2020.
In short, you need to file your personal injury claim within the required time. If you wait and are just one day late, your claim will be denied. If you do not file the day before the statute runs, you lose. This means you will not be able to recover compensation for any damages.
Any delay can prevent recovery, if evidence is lost or the Defendant or witnesses cannot be found
Seek legal help from the Kansas personal injury attorneys at Neustrom & Associates. We have over 40 years of attorney and over 40 years of paralegal experience, so we know what needs to be done in order to file a successful lawsuit. Get started by scheduling a free consultation. Call (785) 825-1505 or fill out the online form.
]]>In a car accident, we expect our vehicle’s safety features to help us avoid serious injuries. Seat belts and airbags are some of these features on which we often rely. Because we physically see and put on our seat belts every time we get in the car, we are more familiar with how they work.
However, we cannot see our vehicle’s airbags. We might wonder, will they deploy in an accident? Are there even airbags in there?
When a crash happens, and your airbags never deploy, you may want answers, especially if you suffered severe injuries. You may be angry and confused. Who can be held liable? Read on to find out what happens next.
Unfortunately, you cannot always depend on your car’s technology to keep you safe. Airbags can fail to deploy for the following reasons:
If your airbag failed to deploy and you suffered injuries as a result, you should seek legal help. A lawyer can investigate your case to determine why your airbag did not deploy. If it was due to a defect, then the manufacturer could be held liable.
You can file a lawsuit, but this is not easy. You will need to prove the following:
An attorney will advise if a lawsuit against the manufacturer is the best course of action. Making this determination may involve consulting with engineers and other experts. More than likely, filing a claim against the at-fault driver is your best bet.
If you were involved in a car accident and your airbags failed to deploy, you may be scared. What do you do now? Who can you call?
The Kansas car accident lawyers at Neustrom & Associates can help you with your case. We will get you the medical treatment you need and help you understand your legal options. To schedule a free consultation, call our office at (785) 825-1505 or fill out the online form.
]]>Car accidents have a way of ruining your day. Not only are they inconvenient, but they also cause vehicle damage and injuries.
After a crash, you may just want to go on with your day. However, you are not exactly feeling right. Your chest hurts. Could it just be the adrenaline from the accident, or could you be seriously injured?
Chest pain should always be taken seriously, especially after a car accident. It is possible that nothing is wrong, but it is also possible that you may have broken ribs, a punctured lung, or internal bleeding. These are all serious injuries that will only get worse without prompt treatment.
You should always seek medical attention after a car accident. You could be seriously injured and not even know it. Some injuries are masked by the adrenaline rush of the crash and may not appear until weeks later.
If you wait weeks later to see a doctor, you are hurting your case. If you are trying to seek compensation for medical expenses, the insurance company will try to deny your claim by alleging that if you were seriously injured, you would have sought medical help right away.
Therefore, if you have chest pain after a car accident, you should definitely seek medical help right away. See a doctor or visit your local hospital emergency room. Tell the doctor you were in a car accident and if you recall hitting anything. The doctor can use this information to aid in diagnosis and treatment.
A doctor can examine you and order X-rays, CT scans, and other medical tests if necessary. Diagnostic tests include X-rays and CT scans. A doctor can diagnose the extent of your injury and treat you properly. Treatment may include rest and medication, although surgery may be needed for more serious injuries.
A chest injury may not appear right away, so here are some signs to look for:
After any type of car accident, it’s important to seek medical attention. Even if you feel fine or don’t think the pain is that bad, you could have chest injuries or other internal injuries that require immediate care.
Count on the Kansas car accident lawyers at Neustrom & Associates to help you after a crash. We’ll guide you through the process and make sure you get appropriate medical care. Schedule a free consultation today by filling out the online form or calling our office at (785) 825-1505.
]]>Most car accidents involve just one or two vehicles. Then there are those that involve three, four, 10, 20, or maybe even 50 vehicles. These are known as multi-vehicle pileups, or chain reaction crashes.
Chain reaction crashes tend to happen on busy roadways, such as highways. These accidents can be complex when it comes to liability. Who is at fault when dozens of vehicles crash?
Typically, these accidents happen when a vehicle rear-ends another, and then that vehicle hits the vehicle in front, and so on. You would think that the driver who first rear-ended the vehicle would be held liable. In theory, they might be, but with multi-car pileups, there are generally two or more causes at play. There may be speeding, tailgating, distracted driving, drunk driving, and other reckless behavior involved. Things beyond the driver’s control, such as weather and road conditions, may also contribute to chain reaction accidents.
When a police officer arrives at the accident scene, they will try to determine liability by considering several things. For example, whose negligent actions caused the chain reaction crash? Were other drivers speeding or tailgating?
The police officer may ask for witness statements. They will examine the facts and in the report, they will usually cite which car is at fault. The report should detail how the accident occurred. It could be one driver at fault. In a chain reaction crash, though, two or more drivers can share the blame. The insurance adjusters will generally assign fault to each driver involved. They may all share the same degree of fault, or there may be varying degrees. The more vehicles involved, the harder it is to determine liability.
Kansas is a comparative negligence state. What this means is that even if an injured victim is partially at fault for the accident, they can still recover compensation as long as their negligence was less than the at-fault person’s negligence. In other words, the victim’s own negligence can only be 49% at the most. If the victim’s degree of negligence is 50% or more, they cannot seek financial recovery for a personal injury claim.
The victim’s compensation will decrease based on the degree of fault. For example, if a person is 20% at fault, and they have $100,000 in damages, their compensation will decrease by 20%, so they will receive $80,000.
Establishing liability in a multi-vehicle crash can be tricky. When there are multiple cars involved, it can be hard to tell who started the accident.
The process after a car accident can be overwhelming. The Kansas car accident lawyers at Neustrom & Associates have more than 40 years of experience handling car accident cases. We will assist you with your physical and financial recovery. To schedule a free consultation, fill out the online form or call our office at (785) 825-1505.
]]>Nobody wants to deal with a car accident. It can be such a frustrating situation. While you may think you know the do’s and don’ts for dealing with car crashes, what about when it comes to calling 911? What are the rules? Do you have to do it every time?
You may think no. Isn’t 911 for emergencies only? The 911 operators probably do not want to deal with every minor accident, right? Well, you need to make sure, or else you could be breaking the law.
Each state has rules regarding this. Read on to find out when you should call 911 if you are involved in a Kansas car accident.
Under Kansas law, a car accident must be reported to police as soon as possible if any of the following conditions apply:
Therefore, if nobody is injured and there is no damage, then technically you do not have to call 911. But if any of the above situations exist, then you need to call 911 or else you could get in trouble for breaking the law. If you are not sure, then call 911 just in case. There is no penalty for doing so, and it is better to be safe than sorry.
Plus, when you call 911, a police officer will be sent to the accident scene. A police report can be very helpful in proving your case and determining liability.
Besides the above situations, there are other times when it may be a good idea to call 911 after a car accident:
Make sure you follow state laws after a car accident. If you do not call 911, you could get in trouble for not reporting the crash.
After a car accident, you may be overwhelmed and confused about the process. What steps should you take? Neustrom & Associates can deal with the insurance companies and help you get the compensation you deserve. Schedule a free consultation today. Call our office at (785) 825-1505 or fill out the online form.
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