KANSAS NO FAULT INSURANCE

You are required by Kansas law to maintain automobile insurance coverage on every registered vehicle you own. Personal Injury Protection benefits, or PIP benefits are insurance benefits that must be included in every automobile insurance policy in the State of Kansas, with limited exceptions.

PIP benefits are intended to provide a means of compensation for automobile related injuries, including coverage for lost wages, medical care, rehabilitation, etc.

In the event of an automobile accident, you will receive your PIP benefits regardless of who was at fault. Even if you are injured in a single vehicle accident, you are entitled to receive PIP benefits.

WHO IS COVERED?

Your PIP benefits provide coverage for yourself, relatives residing in your household, passengers in your vehicle and anyone injured by your vehicle.

Your insurance carrier may exclude benefits if you rent your car to another person, drive it for a charge, and for those driving it while it is being repaired. This is something that you should discuss with your agent when purchasing a policy of insurance.

PIP FOLLOWS YOU

You do not have to be injured in your own car to receive PIP benefits. You are entitled to receive these benefits even if you are injured while driving someone else's car or you are a passenger in another car.

For example, if you are not a vehicle owner, but you are injured in your neighbor's car, you may make a no fault claim for benefits under your neighbor's PIP coverage.

This does not mean that you are protected in a second vehicle you own without providing coverage on that vehicle. Kansas law requires that you maintain coverage on every vehicle you own. If you do not do so and you are injured in your uninsured vehicle, you will not be allowed to claim the PIP benefits you would have received if you had been driving your insured vehicle.

CLAIMING YOUR BENEFITS

In the event that you are in an automobile accident, contact your insurance agent and ask him or her to provide you with an application for PIP benefits. Fill out your application and return it to the insurance company promptly so that a claims adjuster may begin processing your claim.

DOCUMENTING YOUR DAMAGES

Document your claim as well as you can by taking photographs of property damage and your visible injuries. It is also a good idea to make notes of doctor visits, conversations with parties, police, witnesses, or insurance representatives. This information may come in handy if you are later required to pursue your claim in Court. Don't rely solely on your memory, because it will fade.

A NON-KANSAS RESIDENT INJURED IN KANSAS

If you are not a Kansas resident, but you are injured in an automobile accident in Kansas, you are entitled to PIP. This is true whether or not your home state has no fault laws. You will still qualify to receive the minimum PIP benefits required by Kansas law since you were injured in Kansas.

COVERAGE WHEN THERE IS A GAP BETWEEN PURCHASING A NEW CAR AND CONTACTING YOUR INSURANCE AGENT

If you purchase a new car and happen to be involved in an accident before you have a chance to contact your insurance agent to get the new vehicle on your insurance policy, you may still be entitled to benefits.

If you have coverage on another car, by law, you have up to 30 days to add your new car to your insurance policy. Be sure to read your policy or speak to your agent to find out how long you have to add a new car to your existing coverage. If you are within the appropriate period, you will be entitled to PIP benefits related to the accident in your new car.

MOTORCYCLES AND OTHER SPECIALTY VEHICLES

PIP coverage is not mandatory on motorcycles or other specialty vehicles. Your insurance company may provide such coverage, but you have a right to reject it. In the event that you want such coverage, you must specifically request it. Again, contact your insurance agent to find out exactly what type of coverage you have and what options exist for you.

INCREASED BENEFITS

PIP benefits that are required by law set the level of benefits the insurance company must provide at minimum. Most insurance companies offer plans with increased PIP benefits in exchange for a higher premium payment. Speak to your agent if you are interested in receiving increased benefits.

BENEFITS AVAILABLE TO YOU UNDER PIP

A. Disability Benefits

These are allowances for your lost wages due to your inability to work after your accident. There are limitations on this coverage.

The injury must be the reason you are unable to work. Even if you were unemployed at the time of the accident, you may be entitled to receive disability benefits based upon your past earnings and work history.

Under most circumstances, your insurance agency must pay 85% of your lost wages up to a $900 per month maximum benefit for 12 months. You may receive more than this amount if you apply for increased benefits as discussed above.

B. Funeral Benefits

Funeral benefits are allowances for funeral, burial or cremation expenses in an amount up to $2,000 per individual.

C. Medical Benefits

These benefits provide for coverage of at least $4,500 for all reasonable expenses for necessary health care. This includes: chiropractic physicians, medical physicians, psychologists, X-rays, prosthetic devices, ambulance, hospitalization, dental services, nursing services, etc. It also includes allowances for services recognized under the laws of this state for healing in accordance with your religious beliefs.

If you have questions regarding what is covered, you should obtain competent legal advice.

D. Rehabilitation Benefits

These are allowances for all reasonable expenses for rehabilitation from your injuries. Kansas law requires that your policy provide for at least $4,500.00 worth of services in this benefit category. The services covered include necessary psychiatric or psychological services, occupational therapy, and other occupational training as may be necessary for you to obtain suitable employment.

For example, if you are unable to do your old job because of the injuries you sustained in the automobile accident, your insurance agency may have to pay for you to learn a new trade.

E. Substitution Benefits

These benefits allow you to pay for services that you have to obtain because of your injury. Such services include tasks that you did yourself before the injury. For example, if you are unable to clean your home or mow your lawn and you must hire someone to do the work, you will be entitled to these benefits up to $25 per day for 365 days after the date the expenses are incurred.

F. Survivor Benefits

Survivor benefits apply to a spouse or child under the age of 18. These benefits allow a survivor to receive benefits for loss of the deceased's income of at least $900 per month. They may also receive substitution benefits following the death as discussed above.

Survivor benefits go beyond the scope of this pamphlet. If you think you may have a survivor benefits claim, it is best to discuss this with an attorney who can explain what you are entitled to and what you may be giving up in return.

IF YOU ARE A PEDESTRIAN INJURED BY A VEHICLE

You do not have to be traveling inside the car when injured to collect PIP benefits. You are still entitled to PIP benefits if you are a pedestrian and you are injured by a vehicle. Thus, if you are hit by a car or your own car accidentally rolls over your foot, you should contact your insurance carrier and tell the agent you have a PIP claim.

CHILDREN AWAY AT COLLEGE

If you have a child who is temporarily away from home at college, your child is still covered by your PIP benefits.

DRIVING IN THE COURSE OF YOUR EMPLOYMENT

If you are driving for an employer or during the course of your employment and you are in an accident, you are likely to be entitled to Workers' Compensation benefits. If that is the case, the benefits you receive under Workers' Compensation will reduce the amount you can receive under your PIP coverage.

You should still notify your agent if you are involved in an accident while working. It does not cost you anything to make a claim under your PIP policy and in some cases, you may still qualify to receive PIP benefits.

If you find yourself in such a position, you should contact an attorney who is familiar with both PIP and workers' compensation law.

HOW DO I GET MY BENEFITS AND HOW LONG DOES IT TAKE?

As explained earlier, you should immediately contact your insurance carrier if you are involved in an accident. Complete your PIP application and return it to your insurance company. Your company should immediately begin processing your application.

These benefits are required to be paid within 30 days of written notice to the insurance company. Your disability benefits are to be paid every two weeks after your insurance company receives notice. Overdue payments are subject to an interest penalty.

Your insurance company may ask you to be examined by a doctor of their choosing so that they can get an independent evaluation of your condition and need for treatment. By law, the insurance company is allowed to request this type of examination. If you refuse to cooperate, you may be giving the insurance company an excuse not to pay your claim. If an examination is scheduled, it must be with a doctor located within a reasonable distance of your home. The charge associated with the appointment will be billed directly to the insurance carrier.

HIRING AN ATTORNEY

If your company is voluntarily paying the benefits provided for in your policy, it may not be necessary to hire an attorney. However, if you do not think you are getting all of your benefits or if you have a question regarding what you should be receiving, it would be in your best interest to consult with an attorney. Many attorneys will provide a first consultation free of charge to determine whether you would benefit from legal assistance.

If it is necessary to file suit against your insurance company to get your benefits, the attorney you hire is entitled to attorney's fees. This fee is to be paid by the insurance company if the court finds that the insurance company has unreasonably refused to pay your benefits. If, however, the court finds that you have fraudulently filed suit against the insurance company, it may be entitled to recover attorney fees from you.

WHAT IF THE BENEFITS ARE NOT ENOUGH

Even though you may be receiving PIP benefits under your policy, you have the right to sue the person who caused the accident. You can bring such an action for pain, suffering, mental anguish, inconvenience, lost income, loss of consortium, and other types of loss.

While you can always sue the party at fault for "pecuniary", or actual financial losses, you may assert a claim for "non-pecuniary" losses, such as pain, suffering and emotional distress only if you meet at least one of the following threshold requirements: (1) medical treatment valued at $2,000 or more; (2) permanent disfigurement; (3) a fracture to a weight-bearing bone; (4) a compound, comminuted, displaced, or compression fracture; (5) loss of a body member; (6) permanent injury within reasonable medical probability; (7) permanent loss of a bodily function; or (8) death.

If you receive free medical treatment for some reason, but you are able to show that the reasonable value of the services exceeded $2,000, you will be in compliance with threshold requirement number (1), above. This may include the value of benefits provided by a family member that would normally be performed by a nurse or other professional.

LEGAL DEADLINES

Under Kansas law, you have five (5) years to file a lawsuit claiming a breach of such a written contract. Thus, if you believe your insurance carrier has violated the terms of your contract by denying you benefits guaranteed within your policy, you must file suit within that time frame.

If you are going to make a claim for damages against the person or persons you believe caused the accident, you must do so within two (2) years from the date of the accident. If you do not file suit against the other driver within 18 months, your insurance carrier may file suit against the party allegedly at fault to recover the PIP benefits it has paid to you. You are also entitled to be notified of such an action by your insurance company as it is obligated to protect your rights. You may join in the lawsuit at that point if you wish.

WHAT IS THE DIFFERENCE BETWEEN PIP BENEFITS AND UNDERINSURED OR UNINSURED MOTORIST COVERAGE?

In addition to PIP benefits, your insurance carrier is also required to provide you with uninsured motorist coverage. This coverage protects you in the event that you are involved in an injury accident with an automobile that is not insured, or when you are the victim of a hit and run accident. You should consult an attorney if this is the case.

Underinsured policies protect you in the event that the person who caused the accident does not have enough insurance coverage to pay for all of your damages. In that event, your own policy will pay the difference between the benefits under that person's coverage and your coverage limit. For example, if you have a $100,000.00 policy, but the person who rearended your car has a policy for only $25,000.00, you may claim $75,000.00 against your own underinsured policy. Of course, you must be able to prove that the extent of your damage justifies the payment of the full coverage.

RIGHTS OF THE INSURANCE COMPANY

If you recover damages in a claim against the party who caused your injuries, your insurance company has a right to get some of the money back that it paid to you for PIP benefits.

In the event that you do not collect damages from any other source, your insurance company does not have the right to be paid back by you for any of the PIP benefits you receive.

NOTIFYING YOUR PHYSICIAN OF YOUR BENEFITS

You should notify your physician of your PIP benefits on your first visit. Normally, his or her bookkeeper will then send the bills directly to the PIP carrier rather than to you.

HELPFUL REMINDERS

* Notify your agent immediately in writing if you are involved in an accident.

* File a PIP claim even if your accident occurred while you were working.

* Document your injuries by taking photographs and making notes.

* Tell your doctor immediately that you have PIP coverage and identify your insurance company.

* Make sure that all of your medical bills are directed to your PIP carrier.

* Keep copies of all bills, receipts and other records of expenditures.

* Cooperate with your insurance company regarding your claim. If your benefits are not paid promptly, contact an attorney.

* If you are going to file a lawsuit for damages arising out of the automobile accident, you must do so within two (2) years of the accident date.

* If you wish to file a lawsuit against your insurance carrier for breaking the terms of your insurance contract, you must do so within five (5) years.

This information is intended to give you a general overview of your rights and obligations regarding PIP coverage. It is in no way intended to be construed as a substitute for competent legal advice.

If you would like to have a printed copy of this booklet or our booklet on Kansas Workers' Compensation, please contact our office and a copy will be sent to you free of charge.

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