Hurt in a car crash in the Greater Kansas City area? Where exactly the accident happened will have a big impact on your claim. The law of the state where the car accident happened applies. It does not matter where you are licensed or where you live. The state with jurisdiction is the state where the collision actually took place. At House Law LLC, we handle car accident injury claims in both Missouri and Kansas. Our Kansas City car accident attorney can help if you were injured in a motor vehicle crash.
Statute of Limitations
Car accident injury claims are time-sensitive. Missouri and Kansas impose different filing deadlines. Missouri provides a five-year statute of limitations for personal injury claims arising from motor vehicle accidents (Mo. Rev. Stat. § 516.120(4)). Kansas imposes a two-year statute of limitations for the same claims (K.S.A. § 60-513(a)(4)). The difference is significant. What would be a timely car accident injury claim in Missouri could actually be permanently time-barred in Kansas.
Liability
Both Missouri and Kansas are fault-based motor vehicle accident states. The injured victim must prove duty, breach, causation, and damages. Neither state uses a no-fault bodily injury system. Police reports, witness testimony, vehicle damage, and medical records can all be highly relevant evidence in a car accident injury claim.
Comparative Negligence
Both Missouri and Kansas are comparative negligence states. However, the actual implication of the law is different in these jurisdictions. Missouri applies a pure comparative fault standard. An injured victim may recover damages regardless of their percentage of fault. Recovery reduces proportionally. A finding of 80% fault still allows recovery of 20% of proven damages. On the other hand, Kansas uses a modified comparative negligence standard. An injured victim may recover damages only if they are less than 50% at fault. A finding of 50% or more bars recovery completely. Every crash in the Kansas City area requires a thorough investigation. Being unfairly blamed for a crash could take money out of your settlement.
Mandatory Auto Insurance Minimums
Insurance limits can differ by state and affect available recovery. However, both Missouri and Kansas have the same minimum mandatory insurance requirements for motorists:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
With that being said, there is a notable difference. Kansas mandates uninsured and underinsured motorist coverage unless properly rejected. Missouri allows broader policy exclusions and waiver options.
Set Up a Free Case Review With a Top Kansas City Car Accident Attorney Today
At House Law LLC, our Kansas City car accident attorney is a knowledgeable, skilled, and results-driven advocate for justice. Hurt in a crash? Please contact us today for a free, no obligation initial consultation. From our conveniently located law office in Kansas City, we are well-positioned to handle car crash injury cases in both Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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