Is Kansas a No-Fault State?

By Pyle Law, Reviewed by E. THomas Pyle January 05 2024 6:03 pm
CLICK FOR YOUR FREE CONSULTATION

Is Kansas a No-Fault State?

By Pyle Law, Reviewed by E. THomas Pyle January 05 2024 6:03 pm
Is Kansas a No-Fault State?

Kansas 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. 

Depending on the state, the required insurance for car accidents can either be “no-fault” or “at-fault.” The term additionally signifies the right of individuals harmed in accidents to pursue legal action or submit personal injury claims against those deemed responsible to obtain compensation for the injuries sustained.

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. 

If you’ve been in a car accident in Kansas that wasn’t your fault, a Kansas personal injury lawyer can fight for your right to recover monetary compensation. 

Is Kansas A No-Fault State?

Yes, Kansas is considered a “no-fault” state when it comes to car insurance and recovering compensation after an accident. This means that regardless of who caused the crash, you must first file a claim with your own insurance company to pay for your medical bills and other out-of-pocket losses.

Who Is Covered Under Kansas No-Fault Car Insurance?

Your PIP coverage pays for your injuries and losses after a car accident, no matter who was at fault. However, it does not pay for vehicle repairs or damages to the other driver. Here you can discover who pays for damage in a car accident, so you can be informed about the possible outcome of your case. 

Contact a Car Accident Attorney Near You

So, What Damages Can You Recover Under Kansas No-Fault Auto Insurance?

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:

  • Up to $4,500 for medical expenses incurred after the accident 
  • Monthly compensation of up to $900 for disabilities sustained from the accident (valid for 12 months)
  • In case of wrongful death, up to $2,000 in funeral expenses. 
  • Where the injured victim required rehabilitation as part of their recovery plan, the insurance pays $4,500 in expenses. 
  • A daily pay of $25 for in-home services in case of incapacitation   

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. 

What Is Not Covered Under PIP?

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. Visit our blog How accident forgiveness works? Insurance Rates After An Accident to se if your case can apply for this option too. 

Comparative Negligence Claims in Kansas

Kansas follows a comparative negligence system, which means that if you are found to be partially at fault for an accident, your compensation will be reduced proportionately to your degree of fault. 

For example, if you are found to be 20% at fault for the accident, and your total damages amount to $100,000, you would only be able to recover $80,000 from the other party.

Can You Sue for a Car Accident in Kansas?

Yes, you can sue for a car accident in Kansas if the other party is found to be at fault. Based on the comparative negligence system, you’re entitled to recover damages as long as your fault for the accident was less than 50%.

However, there are certain steps you should follow:

  • Seek medical attention: Even if you feel fine after the accident, it’s essential to get checked out by a healthcare professional to document any injuries.
  • Gather evidence: Take photos of the accident scene, exchange contact and insurance information with the other party, and obtain witness statements if possible.
  • File an insurance claim: Notify your insurance company and the other party’s insurance company about the accident and file a claim.
  • Consider hiring an attorney: If the insurance company denies your claim or offers an inadequate settlement, you may need to hire a personal injury attorney to represent you in a lawsuit.
  • File a lawsuit: If negotiations with the insurance company fail, your attorney can file a lawsuit against the other party to seek compensation for your damages, including medical expenses, lost wages, property damage, and pain and suffering.

It’s important to note that Kansas has a statute of limitations for filing personal injury lawsuits, typically two years from the date of the accident. Therefore, it’s crucial to act promptly and seek legal advice if necessary.

Filing a Lawsuit

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:

  • Medical expenses exceeding a certain dollar amount
  • Permanent disfigurement 
  • You suffered a weight-bearing bone fracture or fracture to any of your bones.  
  • A permanent injury to a part of your body 
  • Paralysis
  • Wrongful death 

Seeking Help from a Kansas Car Accident Lawyer

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 or call 620-241-9000 for a free consultation. We can help you understand your options, navigate the claims process, and ensure that you receive the compensation you deserve. 

 

Share our post
#

E. THOMAS PYLE

Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.

#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.