Kansas Personal Injury Protection (PIP) Coverage Explained
As your dedicated Kansas City auto accident injury attorneys, Kendall Law Group is here to clarify the often-confusing aspects of auto insurance in the wake of a Kansas motor vehicle collision. One of the crucial components you need to understand is Personal Injury Protection (PIP).
What is Personal Injury Protection (PIP) in Kansas?
PIP is mandatory in Kansas and it’s a part of your auto insurance policy that covers medical expenses, lost wages and more if you get injured in a car accident. This holds true regardless of who caused the accident.
Who Does Kansas PIP Cover?
PIP doesn’t just cover the policyholder. In Kansas, in most cases, PIP can extend to others involved in an accident, including:
- Other drivers listed on your policy;
- Authorized Drivers – if someone else is driving your car with your permission and they are injured in an accident, your PIP coverage will apply to them. (If they have their own car and insurance, they’ll use their own PIP first);
- Any Passengers in Your Vehicle (If they have their own car and insurance, they’ll use their own PIP first);
- Any relative living in your household (If they have their own car and insurance, they’ll use their own PIP first); and
- Any non-family pedestrian that your vehicle hits.
How and When to File a PIP Claim in Kansas
If you get hurt in a car crash and live in Kansas, the first thing you need to do is get medical help. Then, you should call your car insurance company to tell them you want to file a PIP claim.
Your insurance company will give you some forms to fill out, like a PIP application and a form that lets them get your medical records. Keep track of where and when you get medical treatment because your insurance company will need this information.
File your PIP claim as soon as you can. In Kansas, you have up to two years from the date of the accident or from when you last got a PIP payment to file your claim. Keep checking with your insurance company about your claim status.
The 411 on Kansas PIP Subrogation Laws
If your accident was due to someone else’s negligence, Kansas law allows you to take legal action against them, even if you’ve already received PIP benefits. However, your insurance company may wish to recover the money it paid through PIP benefits, a process called “subrogation.” There are limits to PIP subrogation in Kansas, your insurance company can only recover money that covers the same damages as the at-fault party’s payment through settlement or judgment.
For instance, if your insurance company gave you $4,500.00 in PIP to cover your medical bills and lost wages, and you later win $50,000 in court or settle your case for at-fault driver’s insurance policy limits (which includes compensation for pain and suffering), your insurance can only claim the $4,500.00 paid. If your total damages exceed the amount of recovery, i.e., the at-fault driver’s policy limits were the state minimum of $25,000.00, your insurance company may approve a request for a subrogation waiver, as the PIP benefits paid are not duplicative.
If you do not pursue a personal injury claim or lawsuit within 18 months of the collision, your insurance company will go after the at-fault party for repayment of your PIP benefits. If your insurance company gets involved in a legal dispute, lawyer fees will be split between you and the insurance company in a manner that the court deems fair.
Need a Hand? Contact a Kansas City Auto Accident Attorney
Car insurance and PIP claims in Kansas can be tricky. At Kendall Law Group, our knowledgeable Kansas City auto accident injury attorneys are here to help you out. If insurance claims have you spinning, call us today for a free consultation at (816) 531-3100. We will guide you every step of the way and ensure you obtain the compensation you deserve.
