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?

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2 Lawyer Answers

David Adams

  • 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

  • Personal Injury Lawyer
  • Wyomissing, PA

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

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