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:

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.

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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.

21:34 06 Aug 23
It has been a long road of recovery, very thankful for all they have done on my behalf, Bill and Melissa thank you for having my back and helping me get through everthing i have gone through in the last few years.
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13:21 28 Mar 23
Very nice employees. William is an awesome attorney if it had an option for 10 stars I would give him 10. I highly recommend him to anyone in search of a great attorney
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05:32 25 May 21
I highly recommend Mr Phalen. He and his staff did a great job! I could not have won my case without them.
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14:42 18 Dec 20
I was hurt at work and Mr Phalen took my case on and worked on it for over a year and was able to successfully get me a settlement check for my injuries. Hire him if you’re ever injured on the job!
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21:06 01 Jul 19
If you need an excellent attorney around the Pittsburg area Bill Phalen is the guy to go to. Very knowledgeable and pleasant and the office staff is great. I wouldn't go to anyone else!
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16:14 01 Apr 19
I've worked here as a student intern since August, 2018 and I must say that this has been the most enjoyable job I've had to date. Mr. Phalen and the gals working here are a pleasure to be around and work with. They are patient with me every time I'm slow to get the hang of a new task, they are relaxed and easy going but know how to get the job done well. They each put extra effort into all of the work they do for each and every client. Several times they have come in early or stayed at the office late to make sure that they got every done that they needed to prepare someone's case.The people in this office have been a part of this community for a lifetime and working with them has helped me feel as if I was a part of this great community as well.
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16:52 27 Mar 19
Very Proud to call him my Attorney, very friendly staff, that always keeps me updated on my case and one phone call away to answer any questions. I have been using him for many, many years. I can't Thank him enough for what he has done and still doing for me and my family. But Thank you. Would highly recommend William Phalen.