My question involves an accident that occurred in the state of: Kansas
My boyfriend and I were in my sisters car, the traffic light for the turning lane (trying to turn south) was green there were a line of cars trying to get into the parking lot. When the light turned Yellow i was stuck in the intersection (aprox. 6-10ft). The light turned green for the people traveling east and west, when the light turned yellow there were two vehicles coming from the west the one in front went through the yellow light, the light turned red and i started to make my turn, assuming that the truck in back was going to stop seeing how there was about 50 between him and the light when it turned. i was almost in the little side ramp to the parking lot when the 2nd truck ran the red light and hit the back passenger door but also the middle jam between the two doors.. We spun and were facing northwest.
After the accident we pulled into the parking lot, i thought he called the police he called his wife to bring him his D.L. When he finally did call the police(i didnt have my cell phone) they said it would be awhile because we were number 7 on the list. I got ahold of my sis and her, my mom, browther-in-law and my younger sister showed up.
At first he denied fault but when his wife showed up they talked for awhile and then he said that the light was yellow. He admitted that he knew he had hit us
(infront of me and my 5 family members) but we argued as to the color of the light.
After he admitted to hitting us he made the statement that "Kansas is a no fault state, so even if we wait for the police they wont determine who is at fault". he repeated that about 7x in 10mins. But even if that is so, that doesn't excuse him from paying the damages on the car does it? We once again called the dispatcher and at that point we were told there was an infant death and that there were no available units to send and that we should exchange information the best we could and make a police report in the morning and to contact any insurance companies.
the next morning my sister and i went to make the report, i did get a ticket for driving with no proof of insurance. The police officer then checked to see if he had made a report which he had not. Then when we called his insurance company he had yet to make a claim. Later that day a man from insurance company called back and recorded what i told him had happened. The next day when the man called back, he said that their insured driver denies the light being red but infact that it was yellow, so they were not going to pay for the car, which is totaled. He wouldn't even send someone to look at the damage done to the car. Arent they suppose to send someone out to do and estimate on the car?
My sister filed bankrupcty on the car about a year ago, and any attorney i have talked to once finding that out said that they would not take the case. One attorney did state that my sister does have a case and can sue the other driver for the damages done to her car, but we are uncertain as how to go about it. We dont know what we need to get started. Nor whether to sue for the blue book of the car or if we should sue for the remaining balance that is owed on the car which is about $19,000.
Nor do we know if there is some sort of provision where he well have to pay our attorney fees or if we have to put that in the lawsuit as well.