Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 11, 2011

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Insurance Question from Topeka, KS

Asked on 10/11/2011

Is there a Kansas law saying a person’s insurance isn’t responsible for paying for repairs, if the accident is due to an unknown medical problem? My car was parked and a lady sideswiped it, along with 3 other cars. They are saying our insurances have to pay for the damages because the lady had an unknown medical problem that caused her to blackout. If this law is true, does that mean that we are responsible to pay for everything? Can we take her to small claims court to make her pay for the damages if insurance wont?

Answer given on October 12, 2011

Kansas follows a system using the modified comparative negligence – 50% rule.  In states following a modified comparative fault – 50% rule, an injured party can only recover if it is determined that his or her fault in causing the injury is 49% or less, with the resulting damage award reduced by the injured party’s amount of fault.  If the injured party’s fault level reaches 50% he or she cannot recover any damages resulting from the accident. Being that you car was parked, you had no fault in this matter.  Therefore, the fact that she balcked out from an unknown medical problem is irrelevant.  Are they saying that she did not have insurance and therefore your uninsured motorist insurance would have to pay?  I would consult an attorney in this matter and see if he can contact the at-fault party’s insurance company and see if he can recover for you.  You can get a free consultation by an attorney in your area by clicking here.         


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