Regardless of who is at fault in causing the accident, you will initially be responsible for paying for your own medical expenses.


If you live in Kansas, your auto insurance policy is required to have Personal Injury Protection (PIP) coverage that will provide a certain amount of medical and wage loss insurance coverage. The required minimum PIP coverage in Kansas provides you with:

  • $4,500 per person for medical expenses;
  • $900 month for one year for disability and/or loss of income (for one year);
  • $25 per day for in-home services (for one year);
  • $4,500 for rehabilitation expenses; and
  • $2,000 for funeral, burial or cremation expenses.


In the case of an auto accident, Kansas law requires that you use and exhaust your PIP coverage before you use any other personal health insurance coverage that is available to you.


You should not hesitate to use your PIP coverage or any other medical insurance coverage to pay for necessary medical care. That is why you have the insurance. Issues of fault and who should ultimately pay for your medical care are not immediately important. YOUR HEALTH IS!


If you are uninsured, it may be hard to find physicians to provide appropriate medical care without upfront payments. In some instances, arrangements can be made for a physician or other medical services provider to be paid upon resolution of your case.


In any event, it is important to keep the big picture in mind. You cannot get better without appropriate care. Your life is more important than your claim and your claim is ultimately supported by the medical care you receive.


Your Claim


Once your medical care has been completed and the nature and extent of your injuries is known, we will be in a position to submit your claim to the appropriate insurance carrier(s) in an attempt to resolve the matter without litigation. Our demand package will include a narrative summary of what took place in the accident, the injuries you suffered, the medical treatment provided to you, the result of that treatment, your loss of income and ultimately our demand. Your claim will take into consideration the medical expenses incurred; your wage loss; the necessity for future medical care; the permanency of your injuries; and what you have gone through as a result of the injuries and necessary treatment (attorneys call this pain and suffering).


The demand is our "asking price." It is the amount of money we believe appropriate to ask a jury to award you if your case went to trial. This amount is determined after a full review of your medical information and local jury verdicts in cases with similar facts and injuries.


At this point, the negotiation process begins. It is our belief that in most cases it is possible to reach an appropriate resolution of your claim through this process when the time, expense and uncertainty of litigation is taken into consideration. On the other hand, there are clearly those cases in which a reasonable settlement cannot be reached or litigation is otherwise appropriate. If this is the case, suit will be filed and the litigation will be aggressively pursued.

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.