Who is responsible for the medical costs of your passengers after a car accident
Carpooling can be a great way to save money and have some company on the way to work, or on longer trips. However, carpooling can also bring with it concerns about what would happen if there were to be a car accident. Indeed, if you routinely drive your coworkers to work in your car, you may be worried about what would happen if you got into an accident, and whether or not you would be responsible for the medical costs of your passengers.
Insurance Laws in Kansas
Kansas is a no fault state, which means that after an accident, each driver’s insurance company covers each driver’s losses associated with the accident. Therefore, a driver’s negligent driving or fault in the accident is not an initial factor in an insurance payout to the other driver. However, Kansas’ law allows a driver who suffers more economic losses beyond the insurance coverage to sue the other driver for out of pocket expenses. In a lawsuit for such expenses, a court will consider which driver caused the accident.
When you buy auto insurance in Kansas, you are also required to have Personal Injury Protection or PIP. This insurance is supposed to cover the driver as well as the driver’s family members and passengers should the driver get into an accident. PIP covers medical expenses, rehabilitation, funeral expenses, lost wages, and in-home assistance. In addition, if a person is a passenger in another vehicle, but carries PIP insurance on their own vehicle, or is covered under a family member’s PIP coverage, his own PIP will cover his injuries and other covered costs if necessary.
If PIP does not cover all the necessary costs, a passenger can also consider filing a personal injury suit against the driver of the car. If the passenger suffers medical costs of over $2,000, he may also be able to sue for noneconomic losses such as pain and suffering. While suing the driver may be a difficult decision for the passenger to make depending on his or her relationship with the driver, it may also be the only way for the passenger to cover all their costs. In some instances, the driver’s insurance may be able to cover the costs of a judgment against the driver.
Do You Need Legal Assistance? Contact Us Today
If you have been injured in an auto accident, your medical costs may exceed your insurance coverage; there may be other avenues for you to receive additional compensation. Contact or call the experienced personal injury attorneys of the Wall Huntington Law Firm in Wichita, Kansas at 316-265-6000. We will advocate on your behalf to help you recover the compensation you deserve.