How to File a Suit in Kansas for an Auto Accident
If you have been in a car accident in Kansas, you may have suffered economic damages, including out-of-pocket car repair and medical costs. Receiving payment from your insurance or the other driver's insurance company is the simplest method of compensation. However, you may be forced to sue if the other driver was uninsured or the insurance company denies your claim.
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Things You'll Need
- Photographs
- Repair bills
- Medical bills
- Accident report
- Small claims petition form
Instructions
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Gather evidence. Take photographs of damage to your car and of any injuries you have suffered. Obtain copies of any repair bill, repair estimate or medical bills. Request a copy of the accident report from the law enforcement agency that investigated the accident. If there were any eyewitnesses to the accident, obtain their name and contact information.
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Determine the amount of damages you are asking for and where you can file. In most instances, the proper county to file is the county where the accident took place. Each Kansas county maintains a small claims and district court. If your car accident is minor and your damages are below $4000, you must file in small claims court. However, if your damages are in excess of $4000, you must file in district court.
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File your lawsuit before the statute of limitations expires. Civil law suits in Kansas arising from car accidents arise are based on negligence. Kansas law requires lawsuits alleging personal injury resulting from negligence to be filed within 2 years of the accident date.
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Obtain, fill out and file a small claims petition if you must file in small claims court. In Kansas, attorneys are not permitted to appear in small claims court. You can obtain a small claims petition from the small claims clerk. You will need to provide contact information for yourself and the defendant and the amount of damages you are asking for. The fee for filing in a Kansas small claims court is $30 if your damages are less than $500 or $50 if your damages are between $500 and $4000, as well as an additional $5 fee to the local sheriff for serving process of your lawsuit on the defendant.
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Schedule an appointment with an attorney if your accident is serious and you must file in district court. Filing a lawsuit in district court, which may include defending against counterclaims and motions for summary judgment, is complex and requires the assistance of an attorney. Many tort attorneys will accept a district court auto accident case on a contingency basis, which does not require you to make any payment unless you recover damages. If you do not know or retain an attorney, the Kansas Bar Association operates a lawyer's referral service (see Resources).
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Bring any evidence you have gathered to your appointment with an attorney. At your appointment, your attorney will discuss the specifics of your case with you, including your likelihood of prevailing and the timeline for potential recovery. If you hire that attorney, the attorney will file a lawsuit in district court for you.
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References
Resources
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