Ok. Let’s talk about your Lenexa car accident claim. I like baseball, so let’s use a baseball metaphor. The first base is fault. Fault is usually proved by showing by witnesses that the other driver violated one of the many traffic laws. Get it in writing, or a recording don’t rely on people to remember what happened. The second base is treatment, get the treatment you need, and follow the doctors’ instructions. Third base is your settlement offer package, and the home plate is the settlement check after you negotiate the medical bills and the liens downward, so you maximize your recovery.
In Kansas, if you are 50% or more at fault, you recovery nothing from the other driver. If you are less than 50% at fault, your recovery is reduced by the percent of your fault. You can read more on that below in the getting into the weeds section.
Sometimes to prove fault, you need a full investigation with witness statements recorded. Make sure you write down the names and contact information of all the car crash witnesses. Police departments do their investigation, which you will find in the accident report you can get by calling their office.
The other driver at fault is required by law to have a minimum of liability insurance to pay for your injuries. If the other driver is not insured, call your own insurance company as you have what is called uninsured motorist coverage. If the other driver has a small policy again, call your insurance company as you have underinsured motorist coverage. You should call me long before you get to this point as you can accidentally waive your underinsured motorist coverage. The call is free. Even if the other driver is uninsured, he is still personally liable to pay, and you can get the payment if he or she as assets.
Assuming you have liability and someone to pay, the focus of your case will be on putting a value on the damages and getting a fair settlement or jury verdict. Don’t settle the liability claim until you have finished your medical treatment and know the extent and nature of possible future medical bills and your physical limitations. You need to understand how those limitations will impact your income-producing ability before you settle so it can be included in your settlement package. You settlement package the insurance company should consist of:
- all your medical records,
- medical billing,
- an itemization of who paid the bills, with the Martinez figure,
- all the medical codes
- a summary of the medical treatment,
- disability reports,
- independent medical evaluations and
- vocational expert evaluations.
At this point, you need to download our 27-page free book, which you can get at this link. You will learn about:
- the most common mistakes you can avoid in an auto accident case,
- all about property damage and
- P.I.P. or no-fault benefits as well as
- a free self-assessment that will help you decide if you need a personal injury lawyer,
- and more.
