Mission, KS asked in Car Accidents for Kansas

Q: What can I do if I don't agree to the adjuster's decision about car accident?

I was hit by a car who is coming straight, when turning right at the stop sign. I have seen the car at a far distance but since the speed limit on the road is 35 I thought it takes some time for the car to come and I took a right turn. But the car came with a high speed and he couldn't apply brakes and hit my car on the back side. I made claim to the insurance and the adjuster decided that the fault ratio is 60-40. 60% fault on my side. But I feel that the other driver is at fault completely. Even after the accident, the other driver agreed that it is his fault. But when talking to the insurance people the other driver is not agreeing and changed the whole story. What should I do now?

Related Topics:
2 Lawyer Answers
David Adams
David Adams
Answered
  • Personal Injury Lawyer
  • Olathe, KS
  • Licensed in Kansas

A: You will likely have to get a lawyer involved if there are injuries involved. If it is just a property damage situation and your own insurance has not covered your damages, or if you were injured, then a lawyer would be able to get a suit on file and get a deposition and other evidence that can help get the outcome you need. In Kansas, the other driver will need to be at least 51% at fault in order to get some recovery. If total damages are less than $4,000.00 then you may go to small claims court, but otherwise, you will likely need to get an attorney involved to protect your interests.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: I think you asked this a slightly different way and I answered it there.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.