No one wants to be involved in an accident. When the other driver is not a Kansas resident, that can complicate matters.
While the basic steps following an accident are the same, there are a few specific considerations you will want to know. Here’s a breakdown of what happens when you get into an accident with an out-of-state driver.
Steps After the Accident in Kansas
Like any other car crash in Wichita, you need to take a few steps to protect your rights and well-being.
Make safety your top priority. You will want to move vehicles out of traffic if possible. Along with that, call 911 to report the accident.
In Kansas, it is required to file a police report if the accident involves injuries, fatalities, or property damage exceeding $1,000. A police report can help with insurance and legal purposes, especially when dealing with an out-of-state driver.
Since the driver doesn’t live in the state, gathering their information is more important than ever. Make sure to get:
- Their name, phone number, and address
- Driver’s license number and issuing state
- License plate number and state
- Insurance details, including provider and policy number
Thorough documentation is key in these cases. You may want to use your phone to take clear photos of:
- Vehicle damage from multiple angles
- Road conditions, traffic signs, and signals
- License plates of all vehicles involved
- Any visible injuries
Now that you have these basics covered, what else can be a concern in these cases?
Kansas Insurance Laws Can Affect Your Case
Kansas’s no-fault state status means your insurance initially covers certain damages. For example, Kansas law requires all drivers to carry liability insurance with these minimums:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
The out-of-state driver’s insurance policy must meet Kansas’s minimum liability requirements when driving within the state.
Along with that, Kansas requires all drivers to carry Personal Injury Protection (PIP). This covers:
- Medical expenses
- Lost wages
- Rehabilitation costs
In a crash, PIP coverage applies no matter who is at fault. Even if the out-of-state driver caused the accident, your PIP insurance will cover your immediate medical expenses.
While PIP covers initial costs, you can still pursue a claim against the at-fault driver for additional damages. However, you must meet certain requirements, such as having medical bills over $2,000. If the accident involves a fatality or certain injuries, then legal action can be initiated. These injuries include:
- A compounded, compressed, or fracture to a weight-bearing bone
- Permanent disfigurement
- Amputation
- Loss of a bodily function
Kansas law also requires drivers to carry coverage for uninsured/underinsured motorists. In the event that the out-of-state driver has insufficient insurance or none at all, you are protected.
If the other driver’s policy cannot fully cover your damages, your uninsured/underinsured motorist coverage will step in.
In cases where the other driver’s policy does not meet Kansas standards, their insurance provider is required to adjust their coverage to comply with state laws. When the accident involves an out-of-state driver, these rules still apply, no matter the laws in their home state.
Jurisdictional Problems
If you want to take legal action, Kansas courts have jurisdiction because the accident occurred within the state. You may need to file a claim or lawsuit in Kansas, even if the out-of-state driver resides elsewhere.
But keep in mind that Kansas’s two-year statute of limitations for filing personal injury claims will still apply, even if the other driver is not a resident.
You May Still Run Into Issues
Unfortunately, there may be conflicts with insurance companies. For example, the other driver’s policy may lack provisions for PIP or other Kansas-specific requirements. Resolving these discrepancies can delay claims.
If the out-of-state driver was operating a rental car or commercial vehicle, you may need to deal with additional parties, such as the rental company or the driver’s employer. Kansas law holds the at-fault party liable, but determining responsibility can be complicated in these cases.
Also, you may run into communication issues. When the other driver and their insurer are unfamiliar with Kansas laws, that could lead to possible delays in claim resolution. However, in most cases, the other driver will need to work with a licensed attorney in Kansas to represent them during this time.
Getting into an accident with an out-of-state driver can be frustrating. While your PIP insurance will cover initial expenses, additional claims for property damage or pain and suffering will depend on fault and the out-of-state driver’s insurance compliance with Kansas laws.
If you have been involved in an accident in Kansas, an experienced car accident lawyer can help. Prochaska, Howell & Prochaska LLC is here to offer guidance.
