Injuries are common in automobile accidents of any size. And since even minor injuries like whiplash or concussions can cost thousands of dollars in healthcare and rehabilitation, it’s vital to have appropriate insurance coverage.
Most states operate on an at-fault system, in which injured parties make a claim against the person responsible for the collision. Once their responsibility is proven, that person’s insurer pays compensation.
But in states with a no-fault system, nobody needs to be considered responsible for a compensation claim to be made. Each party’s own insurer pays out to their policy holder independently.
In no-fault states like Kansas, Personal Injury Protection is a legal requirement, whereas in at-fault states like Missouri it isn’t available. Instead, drivers claim through their mandatory bodily injury liability insurance, or through optional insurance policies like medical payments coverage (MedPay).
Personal Injury Protection covers three broad areas: medical treatments, lost income benefits, and death benefits.
Medical treatments
The main purpose of Personal Injury Protection is to pay for necessary medical care following your accident. This includes:
- First response, such as ambulance bills and emergency room charges.
- Medical treatments, such as surgery, dental care, and prosthetics.
- Ongoing healthcare, such as follow-up hospital visits, transport to and from appointments, and prescription medication.
- Rehabilitation, such as physiotherapy, chiropractic treatment, and occupational therapy.
- Psychological care to help you resolve the trauma of the collision.
In Kansas, drivers are required to have minimum Personal Injury Protection coverage of $4,500 for medical expenses, and another $4,500 for rehabilitation. Greater coverage is available at higher premiums. If these expenses exceed your coverage, your health insurance provider will pay the outstanding costs. However, most health insurers in Kansas require you to reach your Personal Injury Protection limit before they provide financial support.
Lost income benefits
When you’re injured in an automobile accident, you might find yourself unable to work. In this case, Personal Injury Protection offers compensation for your lost income.
At minimum coverage, Personal Injury Protection in Kansas will provide 85% of your monthly income for up to 12 months following the accident. This is limited to $900 per month, equal to $10,800 across the year. The amount and duration can be increased by paying a higher monthly insurance premium.
You can also receive $25 per day for up to 12 months to cover in-home services you can no longer perform. Referred to as “replacement services”, these include childcare, housekeeping, laundry, and lawn care.
Death benefits
Personal Injury Protection also covers the worst-case scenario of a traffic collision: the death of you or your passengers. In this case, your insurance provided will pay associated costs for funerals, burials and cremations, with a minimum coverage of $2,000 in Kansas.
Death benefits also include survivor’s benefits for a spouse or a dependent child under 18 years old. The payouts are equal in value and duration to your policy’s lost incomes benefits.
Summary of minimum Personal Injury Protection coverage in Kansas
- Medical treatments: $4,500 per person.
- Rehabilitation: $4,500.
- Lost income benefits: $900 per month for up to a year.
- Replacement services: $25 per day for up to a year.
- Death benefits: $2,000.
Difference between MedPay and Personal Injury Protection
While no-fault states like Kansas require Personal Injury Protection, many car insurance providers offer MedPay as an optional add-on.
The main difference between MedPay and Personal Injury Protection is the extent of their coverage. While both help you settle medical bills, MedPay doesn’t include lost income or death benefits.
MedPay is a popular insurance alternative in at-fault states like Missouri where Personal Injury Protection isn’t available, although it isn’t legally required.
Difference between bodily injury liability insurance and Personal Injury Protection
Where MedPay is optional in all but two states (Maine and New Hampshire), bodily injury liability insurance is mandatory in almost every state. This includes both Kansas and Missouri, and applies even if you have Personal Injury Protection.
Bodily injury liability insurance is used to pay for someone else’s medical costs if you or another driver on your policy becomes legally responsible for injuring them in a collision. Drivers in Kansas and Missouri are legally required to carry a minimum bodily injury and property damage liability insurance of 25/50/25:
- $25,000 per person for bodily injury.
- $50,000 per accident for bodily injury.
- $25,000 for property damage.
Start your Personal Injury Protection claim in Kansas today
While Personal Injury Protection is designed to provide immediate payouts following an accident, making a claim is still a complex legal process. To ensure swift financial support at the highest possible value, it’s recommended to hire a legal representative with extensive knowledge of automobile accident claims.
At Phalen Law, our team of experienced and passionate trial lawyers helps drivers successfully claim on their Personal Injury Protection in Kansas and Missouri. We take away the stress of handling the case yourself, and leave you free to focus on recovery.
Contact us today for a free no-obligation consultation, and start your Personal Injury Insurance claim today.
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.
