Purchasing car insurance is one of the duties of a responsible car owner. Ironically, it is also something that you pay for every month and hope you will never use. Kansas is a no-fault state. That means a driver’s insurance policy pays for their injuries. That is why our state requires all owners to carry a minimum amount of car insurance. The hope is that if an accident happens, it will cover your injuries and losses.
The Minimum Liability Requirements
The Kansas State Legislature set the following minimum requirements for automobile insurance: The policy must provide liability coverage and uninsured motorist coverage.
Here are the minimums for liability coverage:
- $25,000 bodily injury liability per person
- $50,000 bodily injury liability per accident
- $25,000 property damage liability per accident
The bodily injury liability might be the ultimate protection for you because this covers the damage that you might be accountable for in an accident. For instance, if you rear-end another driver and they are injured, then this coverage would pay for their injuries. It is the same for the property damage that you might cause.
The uninsured motorist coverage provides benefits if you’re in an accident with someone who isn’t carrying the required insurance.
These are the minimums for that part of your policy:
- $25,000 uninsured motorist (UM) coverage per person
- $50,000 uninsured motorist (UM) coverage per accident
Personal Injury Protection Minimums
Your car insurance also needs to include personal injury protection (PIP). This is the part of your insurance that is directly responsible for paying for your injuries. It is also referred to as no-fault insurance. Additionally, you need to carry proof of your insurance per the Kansas County Treasurers Association, or you could face a fine.
There are two components to your PIP insurance: Medical care and lost wages. The PIP portion of your policy needs to provide a minimum coverage for both. Remember, these will be the expenses paid to you by your insurance company regardless of who is at fault for the accident.
A car accident can result in anything from a minor cut to a broken bone or whiplash. You want to ensure you get the care right away, and cost shouldn’t be a concern when your insurance is in place. The bare minimum of medical benefits coverage is $4,500. That is meant to cover the following expenses:
- Surgery
- X-rays
- Dental care
- Prosthetic devices
- Psychological care
- Physical therapy
- Occupational therapy
Additionally, your policy should include a minimum $4,500 to cover rehabilitation expenses such as for physical or occupational therapy.
You might think that $4,500 doesn’t seem like enough to cover a severe accident, and you would be correct. You can add to your PIP policy to expand the coverage. If your expenses exceed the amount in your policy, your might be entitled to file a claim with the other motorist’s insurance or be able to use your health insurance plan. You’ll need to use up all your PIP minimums first, though.
For example, the final bill for your medical expenses might be $20,000. If your PIP is at least $15,000, an insurance claim filed with the other driver’s carrier or a health insurance plan should cover the remaining $15,000. Keep in mind that you can also add supplement medical payment coverage to your general policy. That could be relevant if your health insurance does not cover injuries from a car accident. It might be time for a top-to-bottom policy review.
Lost Wages Benefits
The injury from your car accident might prevent you from returning to work immediately. Your PIP policy is meant to provide up to 85% of your monthly wages, up to $900 monthly. If you want additional benefits, you can add them to your policy, but the cost of your premiums will go up.
Additionally, if your injury recovery keeps you from performing household duties, the minimum PIP policy allows for $25 per day to hire someone to help around the house. Again, you might want to increase that coverage.
Death Benefits
Finally, the PIP policy also provides a minimum of $2,000 for funeral expenses, such as cremation or burial. There is also a provision allowing the surviving spouse or child under 18 to be eligible for survivor’s benefits.
Denying the Claim
Even though you carry PIP insurance, your insurance company could challenge paying the claim. As stated above, it might also be that you need to go after the insurance company of the person who caused the accident to cover all your expenses. That is when you want to get Prochaska, Howell & Prochaska LLC Law Firm involved.
A Wichita car accident attorney from our firm can become your advocate and provide the information you need to file a complete claim with your insurance company. We can also discuss the options for negotiating with other insurance carriers with the goal of getting fair compensation for your losses. Call to set up a free consultation to discuss what happened.
