A car accident is a traumatic experience, and it is difficult to think properly about what to do and what not to. Here are a few legal steps that you should take if you or your loved one is in a car wreck in the state of Kansas.
Never Leave the Scene
No matter whose fault it is, never leave the scene. Stop your car and examine it and yourself for any damage or injury.
Collect Information
Make sure to take notes of everything. Ask the other driver their name, car number, address, and be prepared to give the same information as well. According to Kansas Uniform Act Regulating Traffic Sections 8-1604, both drivers are required to present this information along with the name of their insurance company and their policy number (which your insurance company must have given to you).
Also, make sure you get the details like name, address, zip code, state, and phone number of everyone involved in the collision, and of other witnesses as well to inform the police about how they saw the collision.
Call Legal Authorities
If someone is hurt or heavy damage has been made, immediately call the police so that they can take note of the scene and guide on the next steps to take. If the police department cannot send anyone over, you need to take note of everything yourself and document as much as possible using the tools you have such as cell phone camera and getting witness information.
Call your Insurance Company
Kansas is a “no-fault state” and it offers PIP (personal injury protection) benefits, which means that your insurance company has to pay for your initial medical treatment no matter who is at fault for the crash. If you think that the other driver is the one at fault, then you can also contact their insurance policy provider for your claim but this is best left your lawyer.
Settlement or Lawsuit
In many cases, a settlement is reached through negotiating with the insurance companies. But sometimes it becomes necessary to file a lawsuit against the insurance company. If this is the case, your attorney will handle all of the complicated court proceedings while you focus on recovering from your injuries. So, in case of a car wreck, make sure to consult a lawyer right away! You should not be paying for someone else’s negligence and carelessness.