Uber and Lyft Accident Claims in Kansas

Transportation network company (Uber/Lyft type) drivers, vehicle owners or the company must maintain primary auto insurance that recognizes TNC driving. While logged on and available but not on a prearranged ride: at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus Kansas's minimum required coverages. During a prearranged ride: at least $1,000,000 for death, bodily injury and property damage, plus the minimum required coverages. The coverage may come from the driver, the owner, the company or a combination; if the driver's insurance lapses or falls short, the company's insurance must cover from the first dollar and defend the claim.

Kansas is a no-fault state. Policies must provide liability coverage of at least $25,000 for injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage (25/50/25), plus personal injury protection, including at least $4,500 in medical benefits. An injured person can sue an at-fault driver for pain, suffering and other non-economic loss only if medical treatment is worth $2,000 or more, or the injury involves permanent disfigurement, certain fractures, loss of a body member, permanent injury, permanent loss of a bodily function, or death.

Modified comparative negligence (50% bar). An injured party can recover only if his or her negligence was less than the negligence of the party or parties being sued; damages are reduced in proportion to his or her negligence. In a wrongful death case, the deceased person's negligence is imputed to the person claiming damages.

A lawsuit for injury to the rights of another not arising from a contract (which includes personal injury) must be filed within two years. The time generally starts when the act first causes substantial injury, or when the injury becomes reasonably ascertainable if that is later, but no lawsuit may be filed more than 10 years after the act that caused it.