Can Someone Sue You for a Minor Car Accident?

Can someone sue you for a minor car accident? Kansas motorists frequently ponder this question after a fender bender and may seek advice from a car accident attorney in Wichita, KS. Learn more about suing for minor collision damage and how to determine minor accident liability. 

What Happens If You’re At Fault in a Minor Accident?

Kansas is a no-fault state, meaning drivers are usually eligible to recover compensation from their auto insurer, regardless of who caused the accident. Insurance policies within the state offer Personal Injury Protection, which helps pay for one’s medical bills, a portion of lost wages, and funeral expenses if a crash becomes fatal. In cases involving serious injuries or significant damages, filing a lawsuit may still be possible. 

A distracted driver who rear-ends another motorist may bear the majority of the fault, but they can still recover an insurance payout from their PIP coverage. If you’re partially at fault in a collision, comparative negligence plays a role in the small car crash lawsuit. This legal principle states that a partially negligent party is eligible to receive compensation as long as they don’t bear more than 50% of the fault. 

Exploring the Legal Consequences of Car Accidents in Kansas

Can someone sue you for a minor car accident? No-fault states like Kansas may limit drivers from taking legal action after a fender bender. However, minor vehicle accidents can be the subject of personal injury lawsuits if damages exceed the PIP coverage threshold. 

Filing a lawsuit depends on the following elements:

• Having a duty to care for others by driving safely
• Breaching that duty 
• Causing an accident because of the breach of duty
• Leaving a victim with quantifiable damages

An attorney may recommend filing a lawsuit if a victim can establish the above criteria. For example, sharing the road with another driver establishes the motorist’s duty of care, while an action like running a red light violates that duty and may directly cause an accident. Damage to the plaintiff’s vehicle or visible injuries they sustain are among the losses stemming from the accident. 

Why People Sue Following a Minor Car Collision

Negotiating with an insurance company may not yield a settlement that accurately reflects your damages. If you’re unable to reach an agreement, consider working with a personal injury attorney. Attorneys experienced in this area of law understand common tactics insurers use and handle negotiations for their clients. 

It’s also possible that your damages after an accident are more extensive than previously thought. In certain situations, a lawsuit may provide the opportunity to seek compensation for losses not covered by PIP insurance. 

Contact an Experienced Car Accident Attorney for Legal Advice

Can someone sue you for a minor car accident? Are you able to pursue compensation for emotional distress after an accident? The attorneys at Larry Wall Trial Law can discuss these topics and a wide range of similar issues. 

If you’re reviewing your options following a motor vehicle collision, our attorneys can guide you through the process and recommend a legal strategy. To schedule a consultation, call (316) 265-6000.