What Are My Options for Recovering Compensation After a Car Accident?
After you’re in a car accident, one of the first questions is, “Who will pay for this?” If another person was at fault for the accident, the injured party may automatically assume that the at-fault person will be responsible for paying for damages. However, because Kansas is a no-fault car insurance state, the law requires that the injured party turn to their own insurance first, regardless of fault.
How Does No-Fault Insurance Work?
The state of Kansas requires all of its drivers to carry PIP, or personal injury protection, coverage in addition to liability coverage for property damage and bodily injury. PIP coverage pays for your injuries after an accident before any other type of coverage, even if you (or the other driver) were at fault. In addition to medical costs, PIP coverage can be used to pay for loss of income and disability, in-home services, rehabilitation, funeral, and burial expenses.
What If PIP Isn’t Enough?
In some cases, a person’s injuries are serious enough that they suffer more damages than their personal injury protection coverage provides for. The good news is that when this occurs and you exceed your PIP coverage limits, you can step outside of the no-fault system and file a claim or a lawsuit against the at-fault driver (assuming, of course, that the other driver was at fault) if you suffered an injury categorized as serious – this is why drivers in Kansas are also required to carry liability coverage. In Kansas, a serious injury is characterized by fracture, disfigurement, permanent injury, permanent loss of bodily function, or an injury that results in more than $2,000.00 worth of damages.
By filing a lawsuit, you can receive damage compensation for your noneconomic damages, such as compensation for pain, suffering, and emotional anguish. If you choose to file a lawsuit, you will have to prove fault in order to recover compensation.
Contact Our Wichita Car Accident Attorneys Today
If you are involved in a car accident in Wichita and have questions about fault, your PIP coverage, or your right to step outside of the no-fault system, we can help. We can also assist you in negotiating a fair settlement or bring forth a claim against an at-fault driver. To learn more, contact our talented Wichita car accident lawyers at the Wall Huntington Law Firm today for a free case consultation at 316-265-6000.
