Is Kansas a No-Fault State?
By Pyle Law, January 05 2024 6:03 pmKansas is among the jurisdictions that follow the no-fault rule in car accidents. But what does that mean? In the United States, when an individual is injured in an auto accident, they are entitled to compensation based on whether they were fully, partially, or not entirely responsible for the accident.
In Kansas, a no-fault car insurance system means you could collect compensatory benefits if you suffered injuries regardless of who caused the accident. That is why every motorist in Kansas must have some insurance coverage up to a certain level.
To put it more plainly, it means all your medical and other out-of-pocket costs may be paid for by your “personal injury protection” or “PIP. This is different from when the same is paid for by the at-fault party’s insurance in “fault” states. Of course, there are instances where your Kansas car accident lawyer can file a personal injury lawsuit against the other party, but only if your claim meets certain eligibility criteria.
According to Kansas state laws, every auto insurance provider must include no-fault benefits in each car insurance package. For PIP coverages, the minimum benefits you can recover include:
In addition, the no-fault coverage also factors in the victim’s surviving family members. Under the PIP coverage, your family members can receive compensation after an accident if they were in your car when it crashed or if they were injured as pedestrians or cyclists.
They can receive a monthly payment of $900 for disabilities sustained from the accident, which is valid for 12 months. They may also be eligible for a daily pay of $25 for in-home services if the accident left them incapacitated.
However, passengers who sustained injuries in your car can collect benefits from their PIP coverages unless they don’t own a car, in which case your no-fault insurance covers them.
When seeking compensation after an auto accident in Kansas, it is important to remember that PIP only caters to medical bills, some lost wages, and funeral expenses. But these are not the only damages you are entitled to in a car accident or personal injury claim.
You have a right to recover damages for your pain and suffering, loss of consortium, loss of quality of life, and similar non-monetary damages. However, you cannot recover them from your no-fault insurance as it only covers economic losses. To collect compensation for your damaged vehicle, you will need to file a separate claim against the at-fault driver, which, if successful, will be paid by their insurance provider.
There are instances when your car accident attorney can file a personal injury claim, even if you are covered by PIP. If you opt to go this route, your situation may either have exceeded the amount available in your PIP coverage, or your injuries are considered severe. The following are what qualify as severe injuries deserving of a lawsuit:
An auto accident in Kansas can be life-altering. The injuries can be fatal, or they may subject you to a life of suffering and financial stress. Even with no-fault insurance coverage, you still deserve compensation for your pain and suffering, loss of consortium, loss of quality of life, and other damages.
Working with an experienced personal injury attorney is crucial to protect your rights and getting you the compensation you deserve. Contact us at Pyle Law today for a free consultation.
