Car insurance is supposed to protect you. But often, it feels like the insurance companies are working against you.
Trying to navigate car accident claims and insurance companies is overwhelming. However, you have rights and options when seeking compensation to cover your medical bills and car damage.
By understanding the basic steps of filing an insurance claim in Kansas City, you can take back control of your life. Here is exactly what you need to do to protect yourself and your financial future after a serious car wreck in the Kansas City area.
1. Focus on Your Health and Medical Treatment First
If you were in a bad wreck, your physical health is the most important thing. If you have not already gone to the emergency room or an urgent care clinic, you need to go right away.
Even if you only feel a little sore, you must see a doctor. Adrenaline can hide serious injuries. Getting medical treatment does two things:
- It ensures you get the care you need to heal properly.
- It creates a medical record. This paperwork proves to the insurance company that the crash caused your injuries.
Follow all of your doctor’s orders. If they tell you to go to physical therapy, go. If they tell you to stay home from work, stay home. If you skip your medical treatments, the insurance company will argue that you are not actually hurt, and they will try to pay you less money.
Learn more about the importance of seeking medical attention after a car accident.
2. Report the Accident to the Police
To file a successful claim, you need proof of what happened. An official police report is one of the strongest pieces of proof you can have.
Because Kansas City sits right on the border of two states, the rules for reporting a crash depend on where the wreck happened:
- Missouri law says you must report an accident to the state within 30 days if someone was injured, killed, or if there was more than $500 in property damage.
- Kansas law says you must contact the police immediately if someone is hurt, killed, or if there is $1,000 or more in property damage.
Always call 911 at the scene. Make sure the police officer knows you are hurt so they can put it in their report.
3. Be Careful When Talking to the Insurance Company
You need to report the crash to the insurance company, but you must be very careful with what you say.
The insurance company will assign a person called an “adjuster” to your case. The adjuster will probably call you a few days after the crash. They might sound very friendly on the phone. They might tell you that they want to help you.
Do not be fooled. This is a common trick the insurance company uses. Insurance companies try to pay victims as little as possible. The adjuster’s main job is to save their company money.
When you talk to them, stick to the basic facts:
- Tell them where and when the crash happened.
- Give them the names and contact information of the people involved.
- Do not guess whose fault it was.
- Do not let them record your phone call.
- Do not sign any papers or accept a fast check without understanding your rights. Often, that first offer is much lower than what you actually need to pay for your hospital bills and lost wages.
4. Understand the Laws in Kansas City, Missouri, and Kansas
Filing an insurance claim in the Kansas City area can be tricky because Missouri and Kansas handle car accidents very differently. Here is a simple breakdown of how the laws work on both sides of the state line.
If the crash happened in Missouri (An “At-Fault” State)
Missouri uses a system where the person who caused the crash is fully responsible for paying for the damages. If the other driver ran a red light and hit you, their insurance has to pay for your hospital bills, car repairs, and your pain and suffering. Missouri also looks at shared fault. Even if you were a little bit at fault for the crash, you can still get money to help pay your bills.
Learn more about Missouri car insurance requirements.
If the crash happened in Kansas (A “No-Fault” State)
Kansas uses a different system. Under Kansas law, every driver must carry Personal Injury Protection (PIP) insurance. This means that no matter who caused the crash, your own car insurance will pay for your initial medical bills and a portion of your lost wages.
However, if your injuries are serious, like broken bones, permanent scars, or injuries requiring major hospital care, Kansas law allows you to step outside of this “no-fault” system. In cases of serious injury, you can demand extra money from the at-fault driver to cover your severe pain and suffering.
Learn more about Kansas car insurance requirements.
Also, Kansas has a 50% rule. This means if the insurance company decides you were 50% or more to blame for the wreck, you get nothing. This is why you need to be very careful when talking to the insurance adjusters.
Learn more about Kansas’s 50% rule.
5. Getting Your Car Fixed and Getting a Rental
While you are focusing on healing your body, you also need to deal with your damaged car. You have the right to choose which auto body shop repairs your vehicle. You do not have to use the shop that the insurance company suggests.
If your car is totaled, the insurance company will write a check for the value of the car.
If the crash was not your fault, the other driver’s insurance should pay for a rental car for you to use while yours is in the shop. If the other driver does not have insurance, your own policy might cover the rental car, depending on what kind of coverage you bought.
6. Pay Attention to Strict Deadlines
You do not have forever to get the money you deserve. The law sets a strict time limit on how long you have to file a lawsuit if the insurance company refuses to treat you fairly. These deadlines are incredibly important. If you miss them, you lose your right to get any money at all.
- Missouri Deadlines: Under Missouri law, you generally have five years from the date of the crash to file a personal injury lawsuit.
- Kansas Deadlines: Under Kansas law, you only have two years from the date of the crash to file a personal injury lawsuit.
Even though this sounds like a lot of time, it goes by very fast when you are dealing with hospital stays, surgeries, and returning to work. It is always best to act quickly while the evidence is fresh and witnesses can still remember what happened.
We’ll Handle Your KC Car Accident Claim
There are a lot of aspects to consider in car accident claims. It is totally normal to feel overwhelmed. The most important thing you’re likely thinking about is how you’re going to pay off the medical bills or replace your car.
Our Kansas City car accident attorneys at DM Injury Law are here to help. Whether your accident happened in KCMO or KCK, we’ll represent you in your case. We’ll talk to the greedy insurance companies so you can focus on healing.
Our lawyers have secured over $1 billion for our clients. Here are a few examples of our successful cases:
- $11,000,000: Our client’s son was killed in a work zone.
- $8,800,000: Our client suffered a TBI after an accident.
- $4,600,000: Our client sustained a TBI and broke multiple bones after an accident.
While you focus on healing, we’ll focus on your case and future. Contact us online today or call us at 816-888-7500 to schedule your free consultation.
Remember, Mike’s Got This!