Hurt in an accident in Kansas City? You need the full compensation that is available so that you can pay your bills and recover from your accident. In some cases, a personal injury lawsuit will be required to get justice. You may be wondering: Do you sue the insurance company for a personal injury? In most cases, the answer is “no.” While personal injury claims in Missouri and Kansas are usually defended by insurers, they are technically not the party being sued in the majority of claims. A Kansas City personal injury attorney can help you with the claims process.
You Usually Sue the At-Fault Party, Not the Insurer after an Accident in Kansas City
When someone causes a crash, a slip and fall, or another serious accident, that party holds legal responsibility for the harm. Missouri and Kansas both follow fault-based systems. In other words, the injured victim must prove that another party acted negligently and caused the injury.
For example, if a distracted driver rear-ends you on I-435 in the Kansas City area, you file a claim against the driver. If the case goes to court, you name the driver as the defendant. The insurance company steps in to defend and pay the claim under the driver’s liability policy. Still, legally speaking, the lawsuit is brought against the negligent party (the one who caused the harm.)
Why the Insurance Company Still Controls the Process
Even though you do not usually sue the insurer directly, the insurance company often controls the defense. In fact, the insurance company has a more important role in the actual process in most personal injury claims than does the defendant(s). Among other things, the insurer hires the lawyers, evaluates settlement offers, decides whether to fight the case or settle.
That can feel frustrating. You negotiate with an adjuster. You receive letters from defense counsel hired by the carrier. You may even attend mediation with insurance representatives present. Still, the insurer acts on behalf of its insured. The policy obligates the carrier to defend and indemnify, but it does not automatically make the insurer the defendant.
When You Can Sue an Insurance Company Directly
There are limited exceptions. Missouri and Kansas both allow certain direct claims against insurers, but they are narrow. Here is an overview of the most common examples:
- First Party Claim: You may bring a first-party claim against your own insurer. For example, if you carry uninsured motorist coverage and the at-fault driver has no insurance, you can pursue benefits under your own policy. In that situation, your insurer stands on the other side of the case.
- Bad Faith Claim: If an insurance company refuses to settle within policy limits when it should have done so, or if it unreasonably denies valid coverage, it may face additional legal exposure. These cases are separate from the underlying injury lawsuit and require specific proof of bad faith practices by the insurer.
What This Means for You in Kansas City (Personal Injury Claims Process)
If you were hurt in a crash in Kansas City, the legal theory remains straightforward. You must prove duty, breach, causation, and damages against the at-fault party. The insurer funds the defense and potentially pays the judgment or settlement up to policy limits.
The Bottom Line is that you will deal with the insurance company from the beginning. Adjusters may request recorded statements. They may dispute the seriousness of your injuries. You need to know how to hold them accountable.
Call Our Kansas City Personal Injury Lawyer Today
At House Law LLC, our Kansas City personal injury attorney has the professional experience you can trust. If you have any questions about bringing a claim through an insurance company, please do not hesitate to contact us today for a free case review. Our firm handles personal injury claims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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