Depending on which state you’re in, insurance payments following an automobile accident work in one of two ways:
- At-fault: The injured party makes a claim against the person responsible for the accident. Once they prove responsibility, that person’s insurance provider pays compensation.
- No-fault: Regardless of who’s at fault, each party makes a claim against their own insurer. There’s no need to prove responsibility.
Most states use an at-fault system. But Kansas is one of the 12 no-fault states.
This can be misleading, however. That’s because the no-fault system only applies to certain aspects of Kansas auto insurance. So drivers need to understand what insurance policies they need, their minimum coverage requirements, and how to make a claim after a car accident.
What auto insurance do drivers need in Kansas?
Anybody who owns or drives a vehicle in Kansas is legally obligated to carry three types of auto insurance. These are:
- Liability coverage
- Personal Injury Protection (PIP)
- Uninsured/Underinsured (UN) coverage
Of these, only PIP allows for a no-fault claim. Liability coverage and UN coverage both require you to prove the other party is responsible for injuries and damage.
Liability coverage
What is liability coverage?
Liability coverage provides compensation for bodily injury and property damage that the policyholder causes to another driver or their passengers. So you would claim compensation against the other driver’s insurance provider. That means you would have to prove they were responsible for the damage caused.
Bodily injury coverage pays for:
- Medical care and expenses
- Rehabilitation
- Funeral costs
- Settlement costs and legal expenses
Property coverage pays for:
- Vehicle repair or replacement
- Cash value of personal property
- Legal expenses
What is the minimum liability coverage in Kansas?
The minimum liability coverage required by law in Kansas is:
- $25,000/person for bodily injury
- $50,000/accident for bodily injury
- $25,000/accident for property damage
How to claim for liability
There are certain legal steps to take after you’ve been in a car accident, such as exchanging information and contacting your insurance company. But if you believe the other party has caused you bodily harm or damaged your vehicle or property, you can also make a claim against them.
Start by contacting their auto insurance provider. They’ll tell you what steps you need to take to follow their claims procedure. You’ll also need to prove the other party was at fault. Unless they admit responsibility – which is very rare – that means you’ll need to hire a lawyer that specializes in automobile accidents.
Most of the time, bodily harm is covered by your PIP. But if the costs exceed your coverage, you can make a claim for compensation against the other party’s insurer, just as you would for property damage.
In Kansas, you can only claim for this pain and suffering if:
- You’ve been seriously injured. This includes:
- Permanent disfigurement
- A fracture to a weight bearing bone
- A compound, comminuted, displaced or compressed fracture
- Loss of a body part
- Permanent injury
- Permanent loss of bodily function
- Death
- Your medical expenses exceed $2,000
Be aware that if your claim is successful, you may need to reimburse your PIP insurance provider for certain payment expenses.
Personal Injury Protection
Every driver in Kansas must carry PIP to cover the cost of their own injuries, those of a family member who’s driving, or those of a passenger following an accident. This type of insurance pays for:
- Medical expenses
- Disability
- Lost income
- Rehabilitation
- Required in-home services
- Funeral and burial expenses
If the cost of injuries exceeds your coverage and the other person was at fault, you can make an additional claim for compensation through your liability coverage. Just bear in mind that, since PIP is subject to subrogation in Kansas, some of that money might go to your insurer if you succeed.
What is the minimum Personal Injury Protection coverage in Kansas?
The minimum PIP coverage required by law in Kansas is:
- $4,500/person for medical expenses
- $900/month for one year for disability or loss of income
- $25/day for in-home services
- $2,000 for funeral, burial or cremation expense
- $4,500 for rehabilitation expense
How to claim for Personal Injury Protection
Since PIP is a type of at-fault insurance, you claim it through your own insurance provider.
Get in touch with them online or by telephone, then complete and submit their PIP application form. Be sure to describe the accident in as much detail as possible, and record all the medical care you’ve received.
Uninsured/underinsured coverage
What is uninsured/underinsured coverage?
This insurance pays medical and rehab expenses for you and your passengers if you’re in a car accident with someone who is at fault but:
- Is uninsured; or
- Is insured, but their insurance doesn’t cover your costs exceeding the limits of your PIP coverage
If the other party is uninsured, you claim against your own insurance provider up to your policy limits.
If they’re underinsured, their insurance pays up to their policy limits and your provider pays the rest up to your policy limits.
UN coverage also pays out for:
- Injuries sustained in a hit-and-run
- Injuries sustained while on a bicycle
- Injuries sustained as a pedestrian
- Funeral expenses
What is the minimum uninsured/underinsured coverage in Kansas?
The minimum uninsured/underinsured coverage required by law in Kansas is:
- $25,000/person
- $50,000/accident
While you can carry insurance with greater limits, those limits can’t exceed those of your liability coverage.
How to claim for uninsured/underinsured accidents
Like with PIP, you claim uninsured/underinsured compensation from your own insurance provider. But unlike no-fault PIP, you have to prove the other party is responsible for the car accident. This is another situation in which you should hire an automobile accident lawyer to get the payout you deserve.
Make a successful no-fault claim with Phalen Law
Drivers making a claim against liability or UN coverage need expert legal support to prove responsibility and win the compensation they deserve. But while it’s possible to claim no-fault PIP insurance on your own, you might end up with a lot less than you expected. That’s because your insurance provider’s number one job is to part with as little money as possible.
Rather than accept an insubstantial payout, make a powerful case for compensation with an expert lawyer from Phalen Law. With an intricate knowledge of auto insurance law in Kansas, we know all the tricks insurance companies use to cut or deny your payout. And since we manage the case on your behalf, you can recover in peace without stressing over complex paperwork and legal requirements.
Call us today or fill in our Free Case Evaluation form for a free no-obligation consultation to discuss your claim.
William L. Phalen
For 30 years, Bill Phalen has been representing families and workers whose lives have been devastated by workplace injuries, reckless drivers and the negligence of others. When tragedy needlessly strikes – because of the irresponsible behavior of an employer, corporation or an insurance company – Bill Phalen is an advocate for the people, always representing David in the fight against Goliath. Bill’s strong convictions have led to successful cases at the Court of Appeals and Kansas Supreme Court.
