Another interesting aspect of the Kansas “no fault law” relating to car wrecks, is the requirement that you must either sustain a permanent injury, or incur more than $2,000.00 in medical expenses before you can make a claim for pain and suffering. In other words, unless you have a permanent injury or your medical bills exceed $2,000.00, your recovery for any injuries sustained in the automobile accident will be limited solely to the payment of your medical expenses and any lost earnings. Once you have met the threshold requirement of $2,000.00 or more of medical expenses, or you have been diagnosed with a permanent injury, you can then make a claim against the responsible party for pain, suffering, mental anguish and other non-economic loss.
Although many states have very similar laws, your right to recover payment for medical expenses and other losses will depend on the particular law of the state in which the auto accident occurred. For example, Missouri insurance policies have “Medical Pay” coverage and not the Personal Injury Protections benefits required in Kansas. Furthermore, Missouri does not have a threshold requirement of medical expenses which must be incurred before you can make a claim for your pain and suffering. First and foremost, you should always contact legal counsel as soon as possible to determine your rights and protect your interests if you have been injured in an automobile accident.
This is a very common question. The answer varies depending upon where you reside. Kansas residents are often very surprised to learn their own automobile insurance company is responsible, at least initially, for the payment of their medical bills when they are hurt in a car wreck. Kansas is a so-called “no fault” state. People are often surprised to learn that a part of the Kansas “no fault” law requires that every policy of automobile insurance issued in the State of Kansas must include coverage for personal injury protection (PIP) benefits. The minimum PIP coverage is $4,500.00. Some people purchase higher coverage as a part of their auto policy. Regardless of whether you were at fault or not in the accident, your own automobile insurance company must pay for your medical treatment until all of your PIP coverage has been exhausted. The only exception is when you are involved in an accident while on the job, which then falls under worker’s compensation. Once your PIP coverage is exhausted, then you can submit the remainder of your medical expenses to your own health insurer. The insurance company for the driver causing the wreck (referred to as the “tortfeasor”) is not required to pay for your medical bills unless and until such time as you either reach a settlement resolving your claim in its entirety, or obtain recovery by way of a jury verdict or judgment. If you are hurt in an automobile collision, you should immediately contact your own car insurance company and request an application form to apply for your Personal Injury Protection benefits. Your PIP benefits will also include some coverage for lost wages.
