Best Car Accident Lawyers in Overland Park

FAQs

• What is the non-emergency contact number for the local police station in Overland Park, Kansas?

  The non-emergency contact number of the Overland Park Police Department is (913) 895-6300.

• Where can I get a copy of police reports for incidents related to my case in Overland Park, Kansas?

  Police reports on car accidents are available at the W. Jack Sanders Justice Center near the Overland Park Police Department. It is open from 8:00 a.m. to 4:30 p.m., Monday through Friday. Reports become available after an average of seven business days since the date of the accident.

• What is a negligence per se claim in car accident cases that involve drunk driving within Overland Park?

  A claim for negligence per se is a personal injury claim where an offender is sued for causing damages while also breaking the law. It can apply to car accidents caused by drunk driving in Overland Park since the offending motorist also violated local laws by driving while intoxicated. However, it must be shown that the defendant had a blood alcohol level above 0.08 before such a claim can be accepted in court.

• What does personal injury protection (PIP) coverage do in a car accident case in Overland Park?

  Personal injury protection coverage helps motorists in Overland Park cover the initial costs of medical care in the wake of an accident. Kansas law requires all motorists to have PIP coverage, with the minimum amount being $4,500. After a victim's PIP benefits have been used, any excess costs involving medical treatments can then be recovered from the at-fault driver's insurance carrier. However, it should be noted that personal injury protection does not cover property damage.

• What happens in a car accident case in Overland Park if the offending driver works for a ridesharing company?

  If a driver who works for a ridesharing company causes a car accident in Overland Park, the company can be made to pay uninsured motorist coverage. This applies if the offender was driving in between fares or carrying a paying passenger when the accident took place. But if the driver was not on duty or was driving between pick-ups when the accident happened, a plaintiff's claim may be limited to the driver's personal insurance coverage. 

• Can partially liable victims file claims in car accident cases in Overland Park?

  Yes, a car accident victim in Overland Park can still recover damages for injuries and damaged property. However, in accordance with modified comparative negligence laws in Kansas, plaintiffs will have their potential settlements reduced based on the percentage of their apportioned fault in the accident. A victim is barred from seeking damages if the court rules that he/she is more than 50% liable for the accident.

• What else does personal injury protection cover for motorists in Overland Park?

  Personal injury protection coverage allows drivers in Overland Park to be reimbursed for lost wages and rehabilitative treatments in car accident cases. The minimum amount for lost income is $900 per month up to 12 months, while the minimum for rehabilitation is $4,500, which is the same as for medical care. PIP benefits can also cover at least $2,000 in funeral costs if a person's injuries result in death.

• How do I choose a car accident lawyer?

  To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law. Choose an attorney with a background that includes car accident claimants; it's helpful if the attorney is focused on personal injury law. Lastly, read reviews from previous clients to get a feel for the attorney's helpfulness and responsiveness to clients. The best lawyer for your case is one that you feel comfortable and confident working with.

• What steps should I take after a car accident?

  Immediately following a car accident, get out of traffic as soon as possible and dial 9-1-1. Exchange car insurance information with any other involved drivers and get a police report as soon as possible. Be truthful about what happened, even if you are at fault, but stick to reporting the facts of the accident without offering an opinion on who is to blame. If possible, take photos of your car, other cars at the scene, and the scene itself.

• (When) Do I need a lawyer after a car accident?

  Start working with a car accident lawyer as soon as possible following your car accident (some attorneys even make hospital visits). By reaching out for legal help early on, you avoid some of the pitfalls of trying to handle your claim on your own. Your attorney can also get the ball rolling on reimbursement for your medical bills and lost wages while awaiting the outcome of your claim.

• How long after a car accident can you claim an injury?

  The length of time you can file a claim for an injury following a car accident is governed by the statute of limitations in your state. Although it varies, most states set the statute of limitations for injured parties to seek compensatory damages at three years following the accident or three years after you discover your injuries. In cases where children are injured, the statute of limitations may be longer.

• What do I do after a car accident that I'm not responsible for?

  After an accident that's not your fault, seek immediate medical help if you are injured. Once it's safe to do so, obtain the other driver's contact and insurance information, any statements from witnesses, and photos of the scene. Obtain a police report and contact your insurer and the at-fault party's insurer. If you are injured, schedule a consultation with a car accident attorney to discuss your legal options.

• What happens if someone sues you after a car accident?

  If you have car insurance in force at the time of the accident, your insurance is contractually bound to represent you on any claims that arise, indemnifying you against loss up to the limits of your policy. You can help your insurance company by cooperating fully. If the plaintiff in any lawsuit obtains a judgment above your policy limits, then you can be held personally responsible for any damages awarded.

• What/how much can I expect from a car accident settlement?

  According to the Insurance Information Institute, the average bodily injury claim in 2018 was $15,785. The amount of any particular car accident settlement hinges primarily on the severity of the injuries sustained as a result and whether or not any partial or total permanent disability was caused by the accident. Claims that involve broken bones or nerve damage likely settle for more than claims where soft tissue injuries are present.

• How do I arrange a rental car after an accident?

  To arrange a rental car after an accident, first consider whether your insurance or the other party's insurance will be paying for the rental. If another driver is found to be at-fault for the accident, that driver's insurance may pay the costs. If you are responsible, your insurance may pay if your policy covers such expenses. Speak with your insurance adjuster to determine if you have benefits available.

• How long does it take for car insurance to go back down after an accident?

  Post-accident rate spikes can last anywhere from three to five years, depending on your insurer. However, if damages incurred during the accident are less than $2,000, your rate may not go up at all. Three years is typical for collision and property damage claims. Five years is not uncommon in accidents involving bodily injury claims, DUI or DWI, reckless driving, or serious violations at the time of the accident.

• How to settle a car accident claim without a lawyer?

  To negotiate a car accident settlement without a lawyer, you'll have to prove that the other party was to blame for your damages. Gather evidence at the scene to support your claim, including witness statements and photos. Seek medical treatment for your injuries immediately. Notify the other driver's insurer of your intent to file a claim. If you reside in a no-fault state, you will need to use your personal injury protection (PIP) benefits first before filing a claim against the other party for medical expenses and bodily injury. Be prepared with medical records, police reports, receipts for out-of-pocket accident-related costs, and proof of lost income due to the accident before beginning negotiations.