Kansas Personal Injury Protection (PIP) FAQs
- What is “No-Fault Insurance” in Kansas?
- What is Personal Injury Protection (PIP) Coverage?
- What do I have to do after an accident?
- Do I have to fill out a PIP application?
- Will my health insurance company pay for my treatment?
- What forms do I need to complete and from where do I get them from?
- Do I have to use doctors approved by auto insurance or health insurance company?
- What is the benefit of hiring a lawyer to represent my claim?
1. What is “No-Fault Insurance” in Kansas?
No-Fault insurance allows for medical coverage regardless of who is at-fault in an accident. Whether the accident is YOUR FAULT or the fault of SOMEONE ELSE, no-fault will pay the first portion of your medical bills.
If you are injured in an auto accident caused by someone else, the first $4500 in medical bills will be handled by your own auto insurance company and NOT by the insurance company of the at-fault driver. The insurance company of the at-fault driver will later be responsible for ALL of your medical bills. Even if you are injured in someone else’s car, your own auto insurance would be responsible for the first portion of your medical bills.
2. What is Personal Injury Protection (PIP) Coverage?
Kansas law mandates that every auto insurance policy issued in the state includes $4500 in
Personal Injury Protection (PIP) coverage, which is sometimes called “no-fault” insurance coverage because you may be eligible for coverage regardless of who is at fault in the accident.
In Kansas, PIP has two parts:
(1) MEDICAL CARE COVERAGE. This includes the cost of treatment from hospitals, doctors, and other medical providers. It also includes the cost of medical equipment that may be necessary for your treatment. If you have a Kansas insurance policy, your PIP coverage may be: $4,500 (minimum amount), $12,500, $27,500, or $50,000.
(2) REIMBURSEMENT OF EXPENSES. PIP also may provide reimbursement for other expenses you have had to deal with because of your injury, including a loss of wages or help around the house (“essential services”).
The minimum benefits required for PIP in Kansas include: $4,500 per individual for medical expenses, $900 per month for wage loss (up to 12 months or $10,800 total); $4,500 for rehabilitation expenses; $25 per day for help around the house (up to 365 days or $9,125); $2,000 for funeral, burial or cremation expenses.
3. What do I have to do after an accident?
If you plan on hiring a lawyer to represent you for your injury claim, let us know as soon as possible. Statements you make to others can be used against you to diminish the value of your claim. If you wait to receive medical treatment, this may also affect the value of your claim.
4. Do I have to fill out a PIP application?
You will need to fill out a PIP application with your insurance company before the first portion of your medical bills will be paid. Your company may contact you directly, or you may need to make a phone call to a PIP Claims Representative at your insurance company.
5. Will my health insurance company pay for my treatment?
Often, your health insurance company will REFUSE to pay any of the bills related to your injury until you have exhausted your PIP coverage. Once PIP has paid the full amount, your auto insurance company must send notice to your health insurance company for your health insurance to cover your bills. Sometimes, your health insurance company may expect to be paid back if you have a recovery. In situations like these, have someone looking out for your interests.
6. What forms do I need to complete and from where do I get them from?
Your auto insurance company will send you a PIP package that includes the paperwork you need to complete.
7. Do I have to use doctors approved by auto insurance or health insurance company?
Your auto insurance will let you select your own healthcare providers. If you are out of PIP coverage, you will need to comply with the rules governing your health insurance plan to make sure that the treatment you seek is covered.
Our office offers legal advice to our clients, the course of treatment for each client is a decision for the client and their healthcare providers.
8. What is the benefit of hiring a lawyer to represent my claim?
If you’ve made it this far in the article, you recognize that Kansas auto insurance law can get confusing. Our lawyers have handled thousands of auto accident cases and we are familiar with the strategies used by for-profit insurance companies to diminish the value of your claims.
A lawyer can guide you through the steps to make sure that your medical treatment is covered by the person responsible for your accident, and a lawyer can help you get money for pain and suffering. If you are unsure of the “value” an insurance company assigns to an injury, a lawyer will make sure that any valuation you receive is fair and reasonable. A lawyer will make sure any parties who request to be paid back (by using a “lien” on your case) have valid claims.
1. Kansas Insurance Commissioner, “Required Auto Coverage,” visit http://www.ksinsurance.org/.
2. Media: Photos by David Hilowitz , and nerdcoregirl