What are the differences between a no-fault and a fault-based state for car accident laws?
In Kansas, there are two types of state laws for car accident laws – no-fault and fault-based. The differences between them are important to understand when filing a claim or dealing with insurance after a car accident. No-fault states, such as Kansas, require drivers to carry personal injury protection insurance which pays for the medical expenses of the driver and their passengers regardless of who is at fault. In this situation, an insurance company will settle the costs of the accident with no effort to determine who is at fault. Fault-based states require the driver found to be liable to pay for the damages of the other driver. Here, the drivers are able to sue each other for any additional compensation needed. The liability of the driver is determined in order to assign fault and responsibility of the accident. In a no-fault state, drivers are not allowed to sue each other for the damage of the accident, but can still sue if the amount of damages exceeds the coverage of the insurance. However, in a fault-based state, the drivers have to sue each other for damages, and the finding of fault must be proven. Ultimately, it is important to know your state’s laws when it comes to car accidents. In Kansas, understanding the specifics of no-fault and fault-based laws can help you determine the best legal action to take after an accident.
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