Click here if you have not read "Kansas No Fault Insurance - The Basics - Part 1." Both articles address frequently asked questions that often come up with Personal Injury Protection ("PIP") benefits provided under the Kansas Automobile Injury Reparations Act.


Q: How long does it take to receive my PIP benefits?

Upon completing your PIP application, send it in to the insurance company so they may begin processing your application immediately. The insurance company has 30 days to pay benefits after receiving written notice. You may be entitled to an interest penalty if your payments are overdue; however, the insurance company has the right to deny benefits if it is reasonable to do so. If the insurance company properly denies benefits, you would not be entitled to interest because the benefits did not have to be paid. If they are wrong, you may possibly be entitled to interest.


Q: If the accident was someone else's fault, can I still sue the other person if I am receiving PIP benefits?

Yes. You may be able to bring a civil tort action in which you allege negligence and request monetary damages for your medical expenses, lost income, pain and suffering and any other damages you may have incurred as a result of the accident. Remember that if you recover from a third party, you may have to reimburse your insurance company for the benefits you received. Additionally, you must generally have at least $2,000 in medical expenses before you can file a claim against the other driver. This PIP threshold is sometimes complicated and subject to certain interpretations so you should contact us with any further questions concerning this issue.


Q: If I make a claim for PIP benefits to my insurance, can they raise my policy premiums or cancel my policy?

No. PIP benefits are no-fault benefits and are separate from your liability coverage. If you feel that your insurance company has penalized you for making a claim for PIP benefits, please feel free to contact us so that we can help you obtain the proper relief.


Q: Can I submit my medical bills to my private health insurance instead of my car insurance?

Your auto insurance policy is your primary policy so your health insurance will usually require that you exhaust your PIP benefits before it will make medical payments. PIP and health insurance issues, including reimbursement requirements, are another area that can be quite complicated and you should contact us with any further questions concerning these issues.


Q: Will I be entitled to PIP benefits if I do not own a car?

You can make a claim to the insurance company of the vehicle you were riding in or driving when the accident occurred.


Q. What are increased or deluxe benefits?

You may request increased PIP benefits above the minimum required by the statute. Generally, you must request the increased coverage specifically and pay a higher premium.

Have You Been Injured In A Kansas City Area Car Accident?

If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.

James Roswold
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James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.