Under Kansas law, you're required to purchase a minimum amount of automobile insurance coverage in order to drive your vehicle. Because Kansas is a no-fault state, the types and amounts of insurance you'll need is different than in at-fault states, where the negligent driver is responsible for fully compensating victims for their injuries. In the Sunflower State, you must first file a claim with your insurance company for injury compensation.
An important coverage you're required to add to your policy is personal injury protection (PIP), which helps if you're hurt in a motor vehicle accident.
Benefits of PIP Coverage
Every insurance policy in Kansas is required to have a minimum amount of PIP coverage.
You also have the option of increasing your limits, which you should do if you can. The minimum amounts of coverage you could have include:
- $4,500 per person for injuries caused in the car accident
- $900 per month for up to a year for disability or the loss of wages
- $25 per day for in-home services, such as cleaning or cooking, that you cannot perform due to your injury
- $4,500 for rehabilitation services, which can include psychological services and occupational rehabilitation
Personal injury protection benefits only pay for out-of-pocket expenses following a motor vehicle accident. This means it won't cover pain and suffering damages that victims in an at-fault state would receive.
In addition, loved ones of a deceased victim are entitled to PIP survivor benefits which include:
- $2,000 for funeral, burial, or cremation services
- Disability or lost wages of up to $900 per month for one year
- $25 per day for in-home services for up to one year
Who Is Eligible for PIP Benefits Following an Auto Crash?
In order to be eligible for PIP benefits, a person has to be covered under the auto insurance policy. This generally includes the following:
- Policyholder. The person(s) named as policyholders would be entitled to PIP benefits.
- Family. Family members of the person insured under the policy who live at the residence would be covered for injuries if they were driving the vehicle(s) covered under the policy or were passengers.
- Passengers. Other passengers who aren't family household members injured in the accident could be eligible for PIP benefits. However, if they already have auto insurance, they would need to apply for PIP benefits under their policy instead of yours.
What Happens If PIP Benefits Don't Provide Full Compensation
The amount of PIP benefits depends on how much coverage you purchased. In order to pursue a claim against the negligent driver for your pain and suffering, as well as other compensation, your claim must meet certain threshold requirements.
Your expenses must exceed $2,000, and your injuries must meet a set definition of a serious injury such as:
- Fracture of a weight-bearing bone
- Compound, compressed, or displaced fracture of any bone
- Permanent disfigurement
- Permanent injury
- Permanent loss of a body function
Although you're filing a claim for PIP benefits with your insurance provider, you need the assistance of an experienced car accident attorney to ensure you receive all of the benefits you deserve. He can also review your medical records and pursue your claim against the negligent driver if your injury qualifies under Kansas law.
The knowledgeable legal team at Kansas City Accident Injury Attorneys has helped many clients fight for the PIP and other compensation to complete their recovery. Let us help you pursue all possible avenues of justice. To schedule your free consultation, call our office today.