On Feb.8,2002,at approx.9:15am at the intersection of 75th and Ward Pkwy.,a Kansas resident was injured in an automobie accident by a Missouri resident.Said Mo.resident has policy of auto.Insurance with Co.office in Overland Park, Kansas. In Which state, Missouri or Kansas,should any Legal papers be filed or legal matters be handled.? Location of the accident (Mo.), injured persons residence address (Ks.), responsible parties auto.ins.Co.business address ( Ks.)???? Also, what is proper or legal procedure to file insurance claims for covered damages and loss, especially wages and/or substitution of services costs? What authority? Form?..Would so much appreciate any examples and/or advice which might help me learn answers.I have been unable to find understandable definitions.
1 Answer from Attorneys
Re: Proper Venue
Since the accident occurred in Missouri, any lawsuit to recover for personal injury, wage loss, substitution of services must be filed in Missouri. The injured person, or an attorney representing that person, can make a request or demand upon the defendant's insurance carrier from within the State of Kansas, with the understanding that an attorney licensed to practice in Missouri must file the lawsuit if the claim is not settled by agreement. Generally speaking, the statute of limitations to file suit on an automobile injury in Missouri is 3 years. However, I suggest you, or the injured person, get advice from a competant attorney as soon as possible. There are too many pitfalls to handle this without a legal advisor. If you have any further questions, wish to discuss representation or want a referral to a Missouri attorney, please feel free to contact me.
Wisler Law Offices
Personal Injury Lawyers
1311 Wakarusa Drive, Suite 2200
Lawrence, KS 66049
866-844-4110 toll free