Who Pays for Damage in a Car Accident?

By Pyle Law, Reviewed by E. THomas Pyle January 12 2024 6:10 pm
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Who Pays for Damage in a Car Accident?

By Pyle Law, Reviewed by E. THomas Pyle January 12 2024 6:10 pm
Who Pays for Damage in a Car Accident?

A car accident in Kansas can be costly in many ways. Besides the physical pain and emotional trauma, you will also have to deal with the financial repercussions that come with it. We are talking about pling up medical bills, your lost wages – if you cannot work while undergoing treatment – and damage to your car. 

Even if you do not sustain life-threatening injuries, rebuilding your life after such financial setbacks will make things difficult. Regardless of the circumstances surrounding the accident, you deserve some compensation for your damages. The question is, who pays for it? 

A Kansas car accident attorney can assess your legal options in your specific circumstances. 

 

The No-Fault Car Insurance System 

Being a no-fault state means that in Kansas, you can receive compensation for damages regardless of who was at fault in the crash. Your compensation is covered by your personal insurance protection (PIP) unless you decide to file a legal claim against the at-fault party. 

It is important to remember that “no-fault” does not necessarily rule out the other party’s negligence. Rather, your insurance company should be your starting point in the legal process leading to your compensation. 

Every motorist in Kansas is required by law to have PIP insurance, which provides basic benefits for them and their passengers who may suffer injuries in the same crash. The amount payable under this coverage are:

  • $4,500 for medical expenses per person 
  • $900/month for lost wages lasting a year
  • A daily fee of $25 for in-home services
  • A total of $2,000 for funeral costs (including burial and cremation)
  • Rehabilitation costs of up to $4,500 for rehabilitation 
  • Survivor benefits of $900 per month are paid to your surviving dependents for a year 

A car accident is often a costly event. There are other losses not factored in the PIP compensation program. These include pain and suffering, loss of quality of life, and similar noneconomic damages. 

Even car damages are not covered by the no-fault insurance system. Therefore, although substantial, the above figures may not be enough to compensate for the full cost of an auto accident. You will need to supplement with other insurance coverages you may have, or you may have to go full throttle into the litigation process. 

 

Filing a Car Accident Claim Against The Other Driver

Kansas state law allows you, as an injured victim, to file for damages if your medical bills exceed $2,000 or if your injuries are classified as severe. An accident could leave you permanently disfigured, or you could sustain a fractured weight-bearing bone. You could even lose a part of your body or lose your bodily functions. The worst case is succumbing to your injuries. These are all qualifying grounds for a lawsuit in Kansas. 

Still, proving fault in a personal injury case in Kansas is an uphill task, more so if you are not conversant with the law or your rights. The insurance company may capitalize on your ignorance and vulnerability and fight your claim by disputing your injuries. That is why working with a knowledgeable car accident attorney to deal with the insurers is advisable. 

 

Let a Kansas Car Accident Attorney Help You

Whether seeking to recover damages from your PIP coverage or having a face-off with the other driver’s insurer, you need legal backup to guarantee success. Insurance companies can be a pain and would do anything to slash your compensation or deny it altogether. Working with an attorney is crucial as they can advocate for and negotiate a better outcome. Ready to recover your rightful damages? Contact us at Pyle Law for a free consultation today. 

 

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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.

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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.