I was Rear-Ended, can I share fault? (I'm in a no fault state)

[sgrav]

Kansas
In a snow storm, I was driving in the right lane, on a highway when I started loosing control of my car. I started slipping off the road and slowed almost to a stop. The truck (with a snow plow on the front) behind me was following too close and tried to switch lanes to avoid hitting me. He was unable to switch in time and rear ended me on the left side. His insurance company is accepting 60% fault. They said it was 40% my fault because I lost control and stopped suddenly. Can this be true? I only have liability insurance. Should I go to court in the hope of getting 100%? I always thought it was the fault of the person who rear-ends. Is that the case, or is it different because I'm in a no-fault state?

 

[teflon_jones]

Don't accept their judgement and sue the other driver for 100% of your damages.

 

[justalayman]

Don't accept their judgement and sue the other driver for 100% of your damages.

How would you suggest them doing this? Kansas has no-fault auto insurance statutes.

Is there something in Kansas law that would allow a suit in a special circumstance?

 

[teflon_jones]

How would you suggest them doing this? Kansas has no-fault auto insurance statutes.

Is there something in Kansas law that would allow a suit in a special circumstance?

No fault only refers to personal injury, not damage to personal property. The OP didn't indicate that they have any injuries, only damage to their vehicle.

 

[justalayman]

No fault only refers to personal injury, not damage to personal property. The OP didn't indicate that they have any injuries, only damage to their vehicle.

You are wrong! Big time.

I am from Mi and all we can recieve from an at fault driver is $500 (for vehicle damage)barring any major medical situation or death. Personal property is defined totally different. A car on the road is not considered personal property for application of the no-fault laws. That would be other things like homes, fences, trees, etc.

Now this may be different in Kansas and if you are referring to Kansas specifically, please accept my apology, but as a general rule, you are wrong.

 

[Meatcutter]

Kansas
In a snow storm, I was driving in the right lane, on a highway when I started loosing control of my car. I started slipping off the road and slowed almost to a stop. The truck (with a snow plow on the front) behind me was following too close and tried to switch lanes to avoid hitting me. He was unable to switch in time and rear ended me on the left side. His insurance company is accepting 60% fault. They said it was 40% my fault because I lost control and stopped suddenly. Can this be true? I only have liability insurance. Should I go to court in the hope of getting 100%? I always thought it was the fault of the person who rear-ends. Is that the case, or is it different because I'm in a no-fault state?

It is possible that you bear some negligence. As you stated, you lost control of your vehicle which means you were driving too fast for conditions. You also slowed to a stop on a highway. If you check your states Motor Vehicle laws you might find some references to minimum speeds on highways. I'm just playing devil's advocate and letting you know how negligence may be partially on you. I don't see you as being proximate however. Maybe 10% or so.